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Law360 (October 23, 2020, 3:24 PM EDT ) A Manhattan real estate firm announced it has brokered an agreement with the labor union it accused of endangering lives by blowing "saliva-spewing whistles" at recent pickets, marking the end of a monthlong battle over the developer's use of a nonunionized demolition contractor.
SL Green Realty Corp. promised to drop both lawsuits it has filed against Construction & General Building Laborers, Local 79 over the allegedly "abusive and life-threatening picketing," and the union said it will call off the pickets. Both agreed to have a discussion about working on future projects together, according to a joint statement they released Thursday.
"At times like this we need to work together to keep New York moving and we know that there will be many opportunities for Local 79 and other union labor on many of the projects that SL Green is currently developing," said Robert Bonanza, business manager of the Mason Tenders District Council, a training affiliate of the union.
SL Green, which bills itself on its website as New York City's largest office landlord, found itself in the crosshairs of Local 79 after it tapped an unorganized construction company to handle demolition ahead of an academic development in the Financial District.
The real estate firm has plans underway to level a historic tower and construct a 215,000-square-foot, five-story dormitory at 126 Nassau St. that will be leased by Pace University. SL Green has contracted Alba Construction, a nonunionized contractor, to handle the required demolition, prompting Local 79 to organize pickets for the past few weeks at the job site and at SL Green's uptown headquarters.
The developer fired off a lawsuit in New York state court on Oct. 6, alleging the activities were "abusive and life-threatening," as the firm said Local 79's members were not abiding by COVID-19 safety precautions by coming too close to SL Green employees while "shouting, screaming, yelling and blowing ear-piercing whistles that spew saliva." It followed up with a federal lawsuit earlier this week that echoed its earlier allegations, highlighting the "saliva-spewing whistles" as a core problem with the pickets.
While no dismissal bids have been filed yet in either case, an SL Green spokesperson said those notices are in the pipeline.
SL Green Chief Operating Officer Edward V. Piccinich said in Thursday's announcement that the real estate firm "is a strong supporter of union labor" and it appreciates "the opportunity to sit down with Local 79 to discuss our approach to the development of 126 Nassau Street and the opportunity to strengthen our relationship and work together on future projects."
The federal court case is SL Green Realty Corp. v. Construction & General Building Laborers, Local 79, case number 1:20-cv-08720, in the U.S. District Court for the Southern District of New York.
The state court case is SL Green Realty Corp. v. Construction & General Building Laborers, Local 79, case number 158292/2020, in the New York County Supreme Court.
--Editing by Abbie Sarfo.
For a reprint of this article, please contact reprints@law360.com.
