The National Labor Relations Board's ruling subjecting tribal enterprises to federal labor law comes as a shock to tribal leaders.
The board, in a 3-1 decision released last Thursday, overruled 30 years of precedent to assert jurisdiction over on-reservation tribal businesses. Tribal leaders, attorneys and advocates were surprised by this wide-reaching action.
"I am dumbfounded that the board just winked at federal policy that had stood for many years,"
Deron Marquez, chairman of the San Manuel Band of Mission Indians, the tribe involved in the case, told The Riverside Press-Enterprise.
The tribe is planning an appeal. Several tribes, and the National Indian Gaming Association, had filed amicus briefs with the labor board. The dispute could end up before the U.S. Supreme Court.
Get the Story:
Ruling cuts clout of tribe
(The Riverside Press-Enterprise 6/8)
pwpwd
Ruling Favors Casino Unions (The Hartford Courant 6/8)
pwlat
NLRB: Federal Labor Laws Apply On Reservations (The New London Day 6/8)
pwday
National Labor Review Board Decisions:
San
Manuel Indian Bingo and Casino | Yukon
Kuskokwim Health Corporation
Federal Court Decisions:
NAT'L LABOR
RELATIONS BD v. SAN JUAN PUEBLO (10th Circuit January 11, 2002) | NAT'L
LABOR RELATIONS BD. v. CHAPA DE INDIAN HEALTH PROGRAM, INC (9th Ciruit
January 16, 2003)
Relevant Links:
San Manuel Indian Bingo and Casino - http://www.sanmanuel.com
Hotel
Employees and Restaurant Employees Union - http://www.hereunion.org
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Board rules tribes subject to labor law
(6/4)
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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)
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