---
kind: "section"
citation: "20 C.F.R. § 1002.309"
title: "20"
number: "1002.309"
heading: "Who is a necessary party in an action under USERRA?"
url: "https://uscodex.org/cfr/20/1002.309"
---

# §1002.309. Who is a necessary party in an action under USERRA?


In an action under USERRA only an employer or a potential employer, as the case may be, is a necessary party respondent. In some circumstances, such as where terms in a collective bargaining agreement need to be interpreted, the court may allow an interested party to intervene in the action.


## Notes

### Authority

Authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150).

### Source

Source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.