Electric is clearly distinguishable from the case at bar. A trade association is created by its members precisely for the purpose of representing them. It is normally their agent, their alter ego, created, in the case of Expert Electric, to handle litigation, among other things, on its members’ behalf. By contrast, the Attorney General’s office was not in any sense the creation of, or under the control of, plaintiffs. Furthermore, plaintiffs did not approve, and in fact, disavowed, the state’s actions. Moreover, as the Supreme Court has pointed out, the protection of the public interest “may not always dictate precisely the same approach to the conduct of litigation” as protection of private interests. Trbovich v. United Mine Workers, 404 U.S. 528, 92 S.Ct. 630, 30 L.Ed.2d 686 (1972) (<HOLDING>) Citing Trbovich, the Second Circuit recently
holding that an individual union member could not be deemed to be adequately represented by the secretary of labor for purposes of his right to intervene under fedrcivpr 24a holding violation of right to testify could not be harmless holding that although a union may waive a members substantive statutory right under the national labor relations act to be free from having a private employer discourage membership in any labor organization such waiver did not occur because such waiver must be established clearly and unmistakably holding that a necessary party under rule 19a would be entitled a priori to intervene as of right under rule 24a holding that an officer could be held liable for failing to intervene in preventing an unlawful strip search