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L&M Bus Corp. v. Bd. of Educ. of the City Sch. Dist. of the City of New York

Contractor, Union Cannot Intervene in Contract Action But May Participate as Amici Curiae

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MEMORANDUM & ORDER

*1 Before the court are motions to intervene in a pending action by non-parties Reliant Transportation, Inc. (“Reliant”) (“Reliant’s Motion”) and Local 1181-1061, Amalgamated Transit Union, AFL-CIO (“Local 1181″) (“Local 1181′s Motion”). (Reliant Mot. to Intervene (“Reliant Mot.”) (Dkt. 20); Local 1181 Mot. to Intervene (“Local 1181 Mot.”) (Dkt. 22).) In the action in question, a group of bus companies (the “Bus Companies”) contend that certain requirements in a contract (the “Contract”) put out for bid by the New York City Department of Education (the “DOE”) as part of the bidding process for bid number B3182 (“B3182″) are preempted by federal law. (See generally Apr. 5, 2018, Mem. & Order (“M&O”) (Dkt. 16).) Reliant is a current DOE contractor and states that it intends to submit a bid for “all or part of the work within the scope of the Request for Bid ["RFB"] that is the subject of this lawsuit.” (Reliant Mot. at 2.) Local 1181 is a labor union that represents “a majority” of the New York City DOE school-bus “drivers, matrons/escorts, and mechanics.” (Local 1181 Mot. at 2.)Both Reliant and Local 1181 seek intervention as a matter of right pursuant to Federal Rule of Civil Procedure 24(a); or, as an alternative, permissive intervention under Federal Rule of Civil Procedure 24(b). (Reliant Mot. at 3-6; Local 1181 Mot. at 3-6.) Reliant additionally

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