Shutdown won't stop hearing in Little River Band casino case

Friday, October 4, 2013  

The 6th Circuit Court of Appeals won't let the shutdown of the federal government stop the Little River Band of Ottawa Indians of Michigan from seeking justice.

The tribe is battling the National Labor Relations Board over jurisdiction at the Little River Casino Resort. Oral arguments were put on the calendar for October 8.

The Obama administration, however, asked the 6th Circuit to delay the hearing. The NLRB claims it won't have anyone to send to Cincinnati, Ohio, due to the shutdown.

"A postponement of that date is necessary because the attorneys responsible for the case, along with essentially all of the board’s attorneys and other employees, have this day been furloughed indefinitely as part of a federal-government shutdown due to lack of appropriated funds," a motion filed on Tuesday stated.

The tribe opposed the request, noting that the hearing was scheduled back in August. And the shutdown, which had been on the radar in Washington, D.C., for weeks, "certainly was not unforeseeable," a response stated.

The 6th Circuit agreed with the tribe and let the hearing date stand. Government attorneys can participate via telephone if no one can show up in person, an order filed on Thursday stated.

Turtle Talk has posted documents from the case, Little River Band v. NLRB.

NLRB Decision:
Little River Band of Ottawa Indians Tribal Government [PDF] (March 18, 2013)

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Little River Band won't accept NLRB jurisdiction over casino (03/22)