Law Article: Treaty protects Chickasaw Nation casino from NLRB

The National Labor Relations Board (NRLB) has issued a decision indicating that the Chickasaw Nation can operate outside the confines of the National Labor Relations Act (NLRA) because it is a sovereign Indian nation with legal protections based on its treaties with the United States.

“Applying the test established by the Board in San Manuel Indian Bingo & Casino … we find that application of the Act would abrogate treaty rights, specific to the Nation, contained in the 1830 Treaty of Dancing Rabbit Creek,” according to the Board’s decision and order, issued June 4. “As a result, we decline to assert jurisdiction over the Nation, the Respondent here.”

The case centered on whether the Chickasaw Nation, as the operator of the Tribe’s WinStar World Casino, was subject to the NLRB’s jurisdiction and, if it was subject to jurisdiction, whether it violated Section 8(a)(1) of the NLRA when tribal leaders told casino employees that because of the Tribe’s sovereignty, the employees did not have the protection of the federal labor law regime.