Lindsay v. Mike-Sell's Inc. Mike-Sell's Potato Chip Co.

Filing 13

ENTRY AND ORDER DENYING MOTION OF TEAMSTERS LOCAL UNION NO. 957 TO INTERVENE AND MEMORANDUM IN SUPPORT (DOC. 4 ) AND GRANTING RESPONDENT MIKE-SELLS POTATO CHIP COMPANYS MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM (DOC. 8 ). Signed by Judge Thomas M. Rose on 5/8/17. (kma)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
GAREY E. LINDSAY, Regional Director
of the Ninth Region of the National
Labor Relations Board, for and on Behalf
of the National Labor Relations Board,

:
Case No. 3:17-cv-126
:
:
Judge Thomas M. Rose
:
:
Petitioner,
:
:
v.
:
:
MIKE-SELL’S POTATO CHIP
:
COMPANY,
:
:
Respondent.
:
______________________________________________________________________________
ENTRY AND ORDER DENYING MOTION OF TEAMSTERS LOCAL UNION
NO. 957 TO INTERVENE AND MEMORANDUM IN SUPPORT (DOC. 4) AND
GRANTING RESPONDENT MIKE-SELL’S POTATO CHIP COMPANY’S
MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM (DOC. 8)
______________________________________________________________________________
This case is before the Court on the Motion to Intervene (Doc. 4) filed by General Truck
Drivers, Warehousemen, Helpers, Sales and Service and Casino Employees, Teamsters Local
Union No. 957, affiliated with the International Brotherhood of Teamsters (“Local 957”). Local
957 moves to intervene in this case pursuant to Federal Rule of Civil Procedure 24(a) and (b).
Petitioner Garey E. Lindsay, Regional Director of the Ninth Region of the National Labor
Relations Board, on behalf of the National Labor Relations Board, (“Petitioner”) opposes Local
957’s Motion to Intervene on the grounds that a private party is not permitted to intervene in an
action brought in the public interest on behalf of the National Labor Relations Board under
Section 10(j) of the National Labor Relations Act, 29 U.S.C. §§ 151-169. (Doc. 9.) Respondent
Mike-Sell’s Potato Chip Company (“Respondent”) does not oppose Local 957’s intervention, but
requests leave to file a supplemental memorandum addressing any new issues raised by Local 957.
(Docs. 7-8.)
After review of the parties’ memoranda and the caselaw cited therein, the Court finds that

Local 957 should not be permitted to intervene in this action for the reasons stated in Petitioner’s
Opposition (Doc. 9). If, however, Local 957 would like to file a memorandum relating to the
Petition for Preliminary Injunction (Doc. 1) as an amicus curiae, it may do so by no later than May
12, 2017. The parties may file a response to any memorandum filed by Local 957 by no later than
May 19, 2017.
Accordingly, Local 957’s Motion to Intervene (Doc. 4) is DENIED. Respondent’s Motion
for Leave to File a Supplemental Memorandum (Doc. 8) in response any memorandum filed by
Local 957 is GRANTED.
DONE and ORDERED in Dayton, Ohio, this Monday, May 8, 2017.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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