Judge blocks NLRB investigation into Chickasaw Nation casino

Monday, July 11, 2011  

A federal judge today blocked the National Labor Relations Board from proceeding with an investigation into unfair labor practices at a Chickasaw Nation casino.

In a 34-page decision, Judge Lee R. West said an investigation would interfere with the tribe's inherent sovereignty. He issued a preliminary injunction that prohibits the NLRB from looking into allegations raised by the International Brotherhood of Teamsters.

"Applying certain federal regulatory schemes to Indian tribes impinges upon their sovereignty by preventing tribal governments from freely exercising their powers, including the sovereign authority to regulate economic activity within their own territory," West wrote.

Last December, the Teamsters claimed that the tribe and its employees violated the National Labor Relations Act by discouraging union activities at the WinStar World Casino. The NLRB officially filed a complaint against the tribe in March.

The Teamsters accused the tribe of more violations and the NLRB planned to hold a hearing on the matter this summer. But the tribe went to court to block further proceedings.

"It is undisputed that the NLRA makes no explicit reference to Indian tribes," West wrote in the decision. "Furthermore, the NLRB has pointed to nothing in the Act's legislative history indicating that Congress intended to abrogate tribal sovereignty.

The Chickasaw Nation owns more gaming facilities than any other tribe in Oklahoma and in the U.S.

Turtle Talk has posted documents from the case, Chickasaw Nation v. NLRB

District Court Decision:
Chickasaw Nation v. NLRB (July 11, 2011)