The Metropolitan Movers Association (MMA) signed a settlement agreement with Brookfield Properties (Brookfield) and the Building and Construction Trades Council of Greater New York (BCTC) under the United States National Labor Relations Board, which nullified parts of a Portfolio Labor Agreement (PLA) put forth by Brookfield and BCTC. The PLA restricted union moving and storage companies from providing moving and storage services at buildings owned by Brookfield. It is believed that this is the first time a PLA has been successfully challenged as a violation of federal labor law.

In a historic decision leading to the settlement agreement, the General Counsel of the National Labor Relations Board (NLRB) determined commercial moving was not subject to the “hot cargo” exception offered to members of the construction industry under the National Labor Relations Act.

Details of the Settlement Agreement

The settlement agreement, which can be read in full HERE, outlines the following:

• All moving companies are recognized to work within all Brookfield properties located in New York and New Jersey without any restrictions, regardless of the existence of the PLA.
• All moving companies are permitted to perform any moving services within all Brookfield properties, along with internal moving activities, whether or not construction activity is occurring at the property, regardless of the existence of the PLA.
• All moving companies are permitted to perform removal and disposal services at any of Brookfield’s properties, regardless of the existence of the PLA.
• All moving companies are permitted to deliver furniture and products to floors/properties owned by Brookfield without any restriction, regardless of the existence of the PLA.
• All moving companies are permitted to perform storage deliveries both in and out of all Brookfield properties, regardless of the existence of the PLA.
• All moving companies are permitted to assemble and disassemble all goods and products in connection with the moving and delivery services members supply to their clients that are not construction related, regardless of the existence of the PLA.
• There shall be no strikes, picketing, work stoppages, slowdowns, hand billing, demonstrations or other disruptive work activity on portfolio work by union signatories or their employees.
• Permits tenants of Brookfield buildings, in many instances, to select their own contractor(s) regardless of the requirements of the PLA or the union status of the selected contractor.

“Brookfield Properties has significant holdings and operations in the Greater New York market,” said MMA President Patrick Robbie. “This historic settlement agreement was important to ensure that fair competition among union and non-union companies was sustained in providing moving services at Brookfield owned and managed properties. We are pleased that Brookfield looks forward to and invites all companies, regardless of union status to bid on and perform moving services for its tenants. We also thank Region 2, of the National Labor Relations Board in recognizing the wrong that needed to be corrected, and for working diligently to correct it.”

The MMA was represented by Jonathan D. Farrell, Esq. and Richard M. Howard, Esq. of the firm Meltzer, Lippe, Goldstein &Breitstone, LLP.

About Metropolitan Movers Association

The Metropolitan Movers Association, Inc. (MMA), comprised of Local 514 (Brotherhood of Amalgamated Trades) and Local 1212 (United Service Workers Union, International Union of Journeymen and Allied Trades), is a nonprofit organization representing the most qualified and professional firms providing relocation, storage and related services to a broad range of companies in the Greater New York City area. MMA is the leading advocate for the moving and storage industry in New York City, and a guardian of free market values within the industry. Learn more about MMA at www.metmovers.org.