"Over four years ago I warned that the National Labor Relations Board (NLRB) was dangerously close to imposing its jurisdiction on Indian tribal governments. A few weeks ago, the NLRB did just that, voting 3 - 1 to overturn decades-old rulings that tribes are governmental entities not subject to the National Labor Relations Act (NLRA).
The decision in the San Manuel case is an unprecedented attack on tribal sovereignty and an affront to longstanding federal Indian policy and practice. It ignores the Constitution, congressional intent, treaties, case law, and previous NLRB decisions. It puts tribal governments at the mercy of labor organizers."
Get the Story:
Rep. J.D. Hayworth: Tribal sovereignty under attack
(Indian Country Today 6/25)
National Labor Review Board Decisions:
San
Manuel Indian Bingo and Casino | Yukon
Kuskokwim Health Corporation
Federal Court Decisions:
Snyder
v. Navajo Nation (June 10, 2004) | 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
Related Stories:
California tribe ponders next move in labor case
(6/23)
Court ruling adds to
debate over tribal-labor relations (06/14)
Editorial: Unions should be allowed at casinos
(6/10)
Labor board ruling draws sharp
barbs from tribes (6/9)
Labor board's
tribal ruling a surprise to many (6/8)
Board rules tribes subject to labor law (6/4)
Arbiter allows pro-union flyers by tribal
employees (03/26)
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)
Opinion
Rep. J.D. Hayworth: I told you so! On tribal labor
Friday, June 25, 2004
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