Tribal Labor Sovereignty Act still in limbo in heated election year

Tuesday, October 18, 2016  

One of Indian Country's legislative priorities remains in limbo in a busy and heated election year.

Tribes have been seeking to exempt their gaming facilities from the National Labor Relations Act for more than a decade. When the House passed H.R.511, the Tribal Labor Sovereignty Act, by wide margins last November, the vote marked the closest they have come to their goal.

But the Senate has yet to take up the measure and time is running out for Indian Country. Lawmakers aren't due to return to work until after the presidential election next month and tribes will only have a few weeks to push for the bill.

Absent Congressional action, the National Labor Relations Board continues to assert jurisdiction over tribal casinos. The latest decision affects the Viejas Band of Kumeyaay Indians in California, McClatchy DC reports.

An administrative law judge on October 11 ruled the Viejas Casino and Resort violated the rights of union members by only awarding them half of the amount of a bonus given to non-members. The case is 21-CA-166290.

Read More on the Story:
Indian tribes may be sovereign, but their casinos remain subject to federal scrutiny (McClatchy DC 10/18)

National Labor Relations Board Decision:
Viejas Band of Kumeyaay Indians d/b/a Viejas Casino & Resort v. United Food and Commercial Workers International Union, Local 135, AFL–CIO (October 11, 2016)

From the Indianz.Com Archive:
Tribal labor law rider killed by wide margin in House (June 27, 2005)
NCAI between 'rock and a hard place' on labor rider (September 13, 2004)
Tribal labor amendment fails in House vote (September 13, 2004)
Federal labor board expands jurisdiction over tribes (June 4, 2004)

Viejas Band loses decision over dispute with labor union at casino (10/12)
More California tribes welcome labor unions at gaming facilities (9/26)
Tribal Labor Sovereignty Act in limbo as Congress returns to work (9/8)
Supreme Court takes a pass on tribal labor sovereignty dispute (07/01)
Supreme Court deals setback to tribes in labor sovereignty dispute (06/27)
Ben Nighthorse Campbell: Pass the Tribal Labor Sovereignty Act (06/13)
Indian Country presses Supreme Court to hear labor law dispute (05/31)
Indian Country pushes for action on Tribal Labor Sovereignty Act (04/07)
Tribes still shoring up support for Tribal Labor Sovereignty Act (02/23)
Robert Odawi Porter: Labor unions try to confiscate tribal wealth (12/07)
Union slams Democrat for vote on Tribal Labor Sovereignty Act (12/02)
Sault Tribe pushes for passage of Tribal Labor Sovereignty Act (11/24)
John Yellowbird Steele: Restore tribal sovereignty over labor (11/23)
Saginaw Chippewa Tribe weighs high court appeal in NLRB case (11/20)
Lawmakers defy White House on Tribal Labor Sovereignty Act (11/18)
White House slams Tribal Labor Sovereignty Act ahead of vote (11/17)
Tribal Labor Sovereignty Act heads toward passage in House (11/16)
House gears up for consideration of Tribal Labor Sovereignty Act (10/27)
Key Democrat defends support for Tribal Labor Sovereignty Act (10/20)
NCAI pushes for court rehearing in tribal labor sovereignty case (09/01)
Lawmakers advance Tribal Labor Sovereignty Act in House (07/23)
Dennis Whittlesey: Judges disagree on labor law at casinos (07/23)
Lawmakers show support for Tribal Labor Sovereignty Act (07/22)
House committee markup for Tribal Labor Sovereignty Act (07/20)
Law Article: Major impact with federal labor law at tribal casinos (07/08)
Law Article: Saginaw Chippewa Tribe loses decision in NLRB dispute (07/06)
Brian Pierson: Tribal labor sovereignty could land in Supreme Court (07/03)
Pierre Bergeron: Judges split on federal labor law at tribal casinos (07/03)
Court reluctantly backs NLRB in Saginaw Chippewa Tribe dispute (07/01)