I. Nelson Rose: A tribal casino is just a casino

Wednesday, February 28, 2007  

"The most important federal Court of Appeals below the U.S. Supreme Court has declared that, at least for labor law, tribal casinos are to be treated exactly the same as casinos that are owned by private citizens. In other words, a tribal casino is not a part of a government, but merely just another privately owned business.

The holding has enormous implications. At a minimum, it means that the National Labor Relations Act and all regulations of the National Labor Relations Board ("NLRB") apply to all employees at Indian casinos. This includes the laws surrounding the right to unionize, the major issue of dispute in the fight over new compacts in California.

At the maximum, the case could result in the virtual end of tribal sovereignty. Courts would never openly declare that tribes are not sovereign governments. Instead, using this decision, they will find that almost every federal and state statute and regulation applies to Indian casinos and to any other tribal business that is not limited to members of that tribe."

Get the Story:
I.. Nelson Rose: Court rules tribal casino Is merely a casino (Casino City Times 2/28)