MEMORANDUM OPINION & ORDER In this action, Plaintiff Human Services Council of New York and a number of its member organizations challenge the legality of New York City Local Law 87, N.Y.C. Admin. Code §6-145 (“Local Law 87″), which requires New York City social services contractors to negotiate towards a labor peace agreement with any union that seeks to represent the contractors’ employees. (Am. Cmplt. (Dkt. No. 76-1) 1) Plaintiffs contend that the law is preempted by the National Labor Relations Act (“NLRA”) and the Labor Management Relations Act (“LMRA”), and that it violates several provisions of the U.S. Constitution. (Id.
154-56, 159-162, 166, 171, 175) Defendants City of New York (the “City”), Mayor Eric Adams, and City Comptroller Brad Lander (collectively “Defendants”) have moved to dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. No. 94) Intervenor-Defendant District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO (“DC 37″) has likewise moved to dismiss the Amended Complaint. (Dkt. No. 96) For the reasons stated below, Defendants’ and Intervenor-Defendant’s motions to dismiss will be granted. BACKGROUND I. FACTS1 A. The Parties Plaintiff Human Services Council of New York (the “Council”) is a non-profit business association that serves as “an umbrella organization of approximately 170 non-profit organizations that employ over 200,000 individuals who provide social services to the needy in the New York City area.” (Am. Cmplt. (Dkt. No. 76) 16) Pursuant to contracts with the City, the Council’s member organizations “provide early childhood education and after-school programs, run food pantries, respond to emergencies and natural disasters, provide mental health counseling, shelter homeless people, and care for the elderly, among many other community services.” (Id. 17) The Council’s “core activities” include “advising its members on how to navigate the City procurement contracting process”; “pressing for higher wages for human services workers”; and “supporting member organizations by addressing their concerns regarding public policy and the regulatory environment, and keeping them informed about economic trends and new technology.” (Id. 20) The Council’s member organizations include Plaintiffs Bronx Works, Inc., Catholic Charities Brooklyn & Queens, The Children’s Aid Society, The Children’s Village, The Fedcap Group Inc., Forestdale Inc., Greenwich House, Inc., Mosholu Montefiore Community Center, Inc., Public Health Solutions, and RiseBoro Community Partnership Inc. (Id. 1) Each Plaintiff currently provides social services to City residents pursuant to contracts with the City. (Id.
