OPINION AND ORDER Plaintiff The Chefs’ Warehouse (“Chefs’ Warehouse”) brings this action against Local Union 1430, International Brotherhood of Electrical Workers AFL-CIO (“Local 1430″) and its Business Agent, Dylan Wiley (“Wiley”) (collectively “Defendants”), alleging unlawful secondary activity under the National Labor Relations Act, breach of contract, and defamation. Defendants move to dismiss the action. For the reasons that follow, the motion is granted in part and denied in part. I. Background The factual allegations below are taken from Chefs’ Warehouse’s amended complaint (Dkt. No. 19 (“AC”)) and are assumed to be true for purposes of deciding this motion. Plaintiff Chefs’ Warehouse is a nationally renowned specialty food distributor business in the United States. (AC 2.) It maintains a distribution center at 240 Food Center Drive, Bronx, New York (“Bronx Distribution Center”). (AC 11.) Defendant Local 1430, a labor organization, represents Chefs’ Warehouse’s drivers at the Bronx Distribution Center for collective bargaining purposes. (AC 11-12.) Defendant Wiley is the Business Agent of Local 1430. (AC 13.) Chefs’ Warehouse has a collective bargaining agreement (“CBA”) with Local 1430 that was effective during the relevant period. (AC 20.) The CBA provides for a grievance and arbitration procedure to resolve any disputes arising under the CBA. (AC 21.) Under the CBA, a “grievance” is defined as “any complaints, disputes or questions as to the interpretation, application or performance of [the CBA] by either [Chefs' Warehouse] or [Local 1430].” (AC 22.) The CBA’s procedure for resolving a grievance (the “Grievance Procedure”) is as follows: 11.3 Grievance Resolution mechanism. Should a Grievance arise, the Employer and Union both shall endeavor to resolve the Grievance in accordance with the following procedures: (a) Step 1. An Employee shall present the Grievance in writing to the Employer. Within five (5) business days from being presented with the Grievance, the Employer shall give the Employee a written answer to the grievance…. (AC 23.) If the parties are unable to resolve their grievance through the Grievance Procedure, the CBA also provides for an arbitration procedure (the “Arbitration Procedure”): 11.5 Arbitration. If a Grievance is not resolved through the procedure outlined in Article 11.3, the Employer or Union may file for arbitration as follows: (a) The Union and Employer shall select an Arbitrator from a panel provided by the American Arbitration Association that was requested by the filing party in accordance with the rules and procedures of the American Arbitration Association. (b) The decision of the Arbitrator shall be final and binding on both parties. (AC 23.) In addition, the CBA contains a no-strike clause which provides: During the term of this Agreement, there will be no strikes, sympathy strikes, work stoppages, picket lines, slowdowns, boycotts, disturbances or concerted failure or refusal to perform assigned work by the Union or any Employee, and there will be no lockouts by the Employer for the duration of this Agreement. The Union agrees to support the Employer fully in maintaining operations in every way. (AC 24.) On or about November 29, 2018, a Chefs’ Warehouse’s delivery driver was involved in a verbal altercation (the “Incident”) while delivering product to a Chefs’ Warehouse customer (the “First Customer”). (AC
25-26.) Following the altercation, the driver alleged that the First Customer’s employee had directed racially charged derogatory language toward him. (AC 27.) On the same day, Chefs’ Warehouse received a call from the First Customer, informing Chefs’ Warehouse that someone from Local 1430 had threatened to picket and disrupt First Customer’s business with a mob of union members and to install a giant inflatable rat outside of its place of business. (AC 32.) As a result, the First Customer terminated its business relationship with Chefs’ Warehouse. (AC 33.) Also on November 29, 2018, Chefs’ Warehouse received a call from another customer (the “Second Customer”), informing Chefs’ Warehouse that someone from Local 1430 had threatened to place a giant inflatable rat in front of its place of business. (AC 34.) Subsequently, the Second Customer informed Chefs’ Warehouse that it “would terminate its business relationship with Chefs’ Warehouse if the dispute with Local 1430 was not resolved by the close of business on Friday, December 7, 2018.” (AC 36 (emphasis in original).) One day after the Incident, Local 1430 contacted another Chefs’ Warehouse customer (the “Third Customer”) and threatened that a mob would come to the front of the store to protest how Chefs’ Warehouse treats its drivers. (AC 37.) Within a week of the Incident, Local 1430 contacted two more Chefs’ Warehouse’s customers (the “Fourth Customer” and the “Fifth Customer”) and threatened to set up a giant rat if they continue to do business with Chefs’ Warehouse. (AC 38.) In addition to threatening to picket at Chefs’ Warehouse’s customers, Local 1430 engaged in a publicity campaign. On December 2, 2018, Wiley informed Chefs’ Warehouse that Local 1430 intended to hand out leaflets accusing Chefs’ Warehouse of supporting racist business practices outside the Barclays Center, where Chefs’ Warehouse would be giving a presentation for an industry conference.1 (AC 40.) Wiley also emailed the Barclays Center to make similar accusations. (AC 41.) In addition, Wiley posted comments accusing Chefs’ Warehouse of supporting racist business practices on the social media pages of Chefs’ Warehouse and two of its customers. (AC
