labor law, civil procedure, Scottex, Trbovich
Federal Rule of Civil Procedure 24(a)(2) entitles charging parties to intervene as of right in Section 10(j) proceedings for preliminary injunctive relief. The Scottex court's analysis and its determination that the charging party's Rule 24(a)(2) motion to intervene was due to be granted, were correct. The Scottex analysis comports with the federal labor law scheme and is the only analysis that takes proper account of the Supreme Court's decision in Trbovich. Moreover, it is the only analysis that is consistent with the text and purposes of both Rule 24(a)(2) and Section 100.
John D. Doyle, Jr.,
Charging Parties Left Out: Intervention in Section 10(j) National Labor Relations Act Injunction Proceedings,
22 Fordham Urb. L.J. 833
Available at: https://ir.lawnet.fordham.edu/ulj/vol22/iss3/6