The Building Industry Electrical Contractors Association et al v. The City of New York et al
| The Building Industry Electrical Contractors Association and United Electrical Contractors Association |
| The City of New York and The Building and Construction Trades Council Of Greater New York and Vicinity |
| 1:2010cv08002 |
| October 21, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Suffolk |
| Robert P. Patterson |
| Labor/Management Relations |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
37
OPINION AND ORDER re: 21 CROSS MOTION to Amend/Correct 1 Complaint, filed by United Electrical Contractors Association, The Building Industry Electrical Contractors Association. As in Boston Harbor, the PLAs at issue in this case represent propri etary rather than regulatory conduct by the City and are therefore not preempted by the NLRA. 507 U.S. 218. The City has not violated the NLRA by executing these PLAs, and therefore Plaintiffs § 1983 claim has no basis. The Court declines to exe rcise supplemental jurisdiction over Plaintiffs state law claims, because they are challenges to municipal conduct that fall within the purview of N.Y. C.P.L.R. Article 78, and thus are more appropriately heard in state court. Plaintiffs motion to amend is denied. (Signed by Judge Robert P. Patterson on 8/4/2011) Copies Faxed By Chambers. (lmb)
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