Filed: Aug. 13, 2018
Latest Update: Aug. 13, 2018
Summary: STIPULATION AND ORDER OF DISMISSAL OF ACTION PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii) TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between Petitioner Jill Coffman, Regional Director of Region 20 of the National Labor Relations Board, and Respondent United Site Services of California, Inc. (collectively "the Parties"), by their respective attorneys, pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii) and Local Civil Rule 143, as follows: 1) WHE
Summary: STIPULATION AND ORDER OF DISMISSAL OF ACTION PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii) TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between Petitioner Jill Coffman, Regional Director of Region 20 of the National Labor Relations Board, and Respondent United Site Services of California, Inc. (collectively "the Parties"), by their respective attorneys, pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii) and Local Civil Rule 143, as follows: 1) WHER..
More
STIPULATION AND ORDER OF DISMISSAL OF ACTION PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii)
TROY L. NUNLEY, District Judge.
IT IS HEREBY STIPULATED AND AGREED by and between Petitioner Jill Coffman, Regional Director of Region 20 of the National Labor Relations Board, and Respondent United Site Services of California, Inc. (collectively "the Parties"), by their respective attorneys, pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii) and Local Civil Rule 143, as follows:
1) WHEREAS, on June 26, 2015, Petitioner filed with this Honorable Court a Petition for Injunction Under Section 10(j) of the National Labor Relations Act, as Amended [29 U.S.C. §160(j)] (Docket No. 1);
2) WHEREAS, on March 14, 2016, this Court issued its Temporary Injunction Order requiring Respondent to cease and desist from taking certain actions and to take certain affirmative actions (Docket No. 31);
3) WHEREAS, on April 8, 2016, pursuant to the Court's March 14 Temporary Injunction Order, Respondent filed a sworn declaration affirming that it had complied with the affirmative provisions of the Temporary Injunction Order (Docket No. 33);
4) WHEREAS, by letter dated June 15, 2018, Teamsters, Local 315 ("Union"), the heretofore exclusive collective-bargaining representative of the bargaining unit employees of Respondent at issue in the administrative complaint underlying this matter, formally disclaimed interest in representing said bargaining unit. As a result of that action, the Union no longer represents the bargaining unit employees in collective bargaining with Respondent, thereby mooting any on-going obligation Respondent would have under the Court's March 14 Temporary Injunction Order to recognize and bargain with the Union;
5) WHEREAS, Respondent's compliance with the affirmative provisions of the Court's March 14 Temporary Injunction Order and the Union's disclaimer of interest in representing Respondent's bargaining unit have obviated and extinguished the need for continued injunctive relief;
THE PARTIES HEREBY STIPULATE AND AGREE that the Court's March 14 Temporary Injunction Order should be VACATED and that this action be, and hereby is, DISMISSED without prejudice.
IT IS SO ORDERED.
