Dynamic Homes
Advertise:   ads@blueearthmarketing.com   712.224.5420

Law
Federal appeals court hears labor law dispute


The D.C. Circuit Court of Appeals heard oral arguments on Monday in the tribal law labor case.

The San Manuel Band of Mission Indians is fighting a ruling from the National Labor Relations Board. The board, overturning 30 years of precedent, said tribal businesses that employ non-Indians or affect non-Indians have to comply with federal labor law.

An attorney for the San Manuel Band said tribal businesses, particularly casinos, are governmental activities. He cited the Indian Gaming Regulatory Act, which was passed to further tribal government.

An attorney for the board said tribal casinos should be treated like any other business. "There's nothing governmental about it," the attorney said, the Associated Press reported.

The case has attracted nationwide attention. The San Manuel Band is backed by the National Congress of American Indians, the Native American Rights Fund, the National Indian Gaming Association and dozens of tribes and Alaska Native entities.

Get the Story:
Indian Tribes Seek Labor Law Exemption (AP 11/6)
pwpwd

Hearing Video:
Subcommittee on Employer-Employee Relations - Hearing on H.R. 16, Tribal Labor Relations Restoration Act of 2005 (July 20, 2006)

Tribal Labor Bill:
Tribal Labor Relations Restoration Act of 2005 (H.R.16)

San Manuel Band v NLRB:
Briefs, Decisions and Documents (Native American Rights Fund)

National Labor Relations Board Decisions:
San Manuel Indian Bingo and Casino | Yukon Kuskokwim Health Corporation

Relevant Links:
National Labor Relations Board - http://www.nlrb.gov
San Manuel Indian Bingo and Casino - http://www.sanmanuel.com

Related Stories:
Arizona tribes join battle over federal labor law (08/07)
House panel debates controversial tribal labor measure (07/21)
Tribes take labor law battle to federal court (04/25)
NLRB reaffirms tribal sovereignty ruling (10/06)
Tribal labor law rider killed by wide margin in House (06/27)
Fight looms on tribal labor amendment in House (6/27
Republicans sign onto tribal labor law exemption bill (06/13)
California tribe's workers to negotiate union contract (05/05)
Unions turn on each other in tribal sovereignty clash (05/04)
Labor union challenges tribe's Indian preference (12/07)
Federal labor board to hold hearing involving tribe (12/6)
NCAI between 'rock and a hard place' on labor rider (09/13)
Tribal labor amendment fails in House vote (9/13)
Rep. J.D. Hayworth: I told you so! On tribal labor (06/25)
California tribe ponders next move in labor case (6/23)
Court ruling adds to debate over tribal-labor relations (06/14)
Editorial: Unions should be allowed at casinos (6/10)
Labor board ruling draws sharp barbs from tribes (6/9)
Labor board's tribal ruling a surprise to many (6/8)
Board rules tribes subject to labor law (6/4)
Arbiter allows pro-union flyers by tribal employees (03/26)
Pro-union hearing blasts Calif. tribe for sovereignty (03/17)
N.M. tribe seals winning case on labor laws (12/09)
Settlement pending in tribal labor dispute (08/07)
Court denies tribal exemption from labor laws (01/17)
Tribal labor bill draws complaints (04/18)
Pueblo wins sovereignty case (1/14)