Legislation | Litigation

Senate Indian Affairs Committee sets hearing on labor measure

Monday, April 27, 2015

The Saginaw Chippewa Tribe owns and operates the Soaring Eagle Casino & Resort in Mount Pleasant, Michigan. Photo from Facebook

The Senate Indian Affairs Committee will hold a hearing on S.248, the Tribal Labor Sovereignty Act, on Wednesday.

The bill treats tribes and their enterprises in the same manner as states and local governments when it comes to federal labor law. It essentially overturns an unprecedented 2004 ruling in which the National Labor Relations Board asserted jurisdiction over Indian Country for the first time in decades.

"It is not the place of the federal government to impinge upon the authority of the sovereign tribes," Sen. Jerry Moran (R-Kansas), a member of the committee who is sponsoring S.248, said in a letter to colleagues in January. "Tribal governments alone, accountable to their people, should decide the labor practices for the entities they own on their lands. This bill will permit them to do exactly that."

Since the 2004 ruling, the NLRB has steadily asserted jurisdiction over tribal gaming facilities in Michigan, Oklahoma and California. Tribes have tried to fight the efforts in court but have not succeeded so the bill represents their best chance at protecting their sovereignty.

The bill, however, is controversial. Democrats, who are usually allied with labor unions, defeated a prior version in the House in 2005 and the issue hasn't been seriously considered since then.

With Republicans in control of both chambers, though, the measure is back on the agenda. In addition to S.248, a slew of Republicans have sponsored H.R.511 in the House.

Wednesday's hearing takes place at 2:30pm in Room 628 of the Senate Dirksen Office Building. The witness list follows:

Mr. Richard F. Griffin Jr.
General Counsel, National Labor Relations Board, Washington, D.C.
The Honorable Robert J. Welch
Chairman, Viejas Band of Kumeyaay Indians, Alpine, CA
The Honorable E. Paul Torres
Governor, Pueblo of Isleta, Isleta, NM
The Honorable Keith B. Anderson
Vice Chairman, Shakopee Mdewakanton Sioux Community, Prior Lake, MN
Mr. Richard A. Guest
Staff Attorney, Native American Rights Fund, Washington, D.C.

Committee Notice:
Legislative Hearing on S. 248, the "Tribal Labor Sovereignty Act of 2015" (April 29, 2015)

Also Today:
Patrick Sullivan: Bills Propose To Reverse National Labor Relations Board Jurisdiction Over Indian Tribal Governments (Mondaq.com 4/27)
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