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Law
NLRB reaffirms tribal sovereignty ruling


The National Labor Relations Board last Friday reaffirmed its decision to subject tribes to federal labor laws.

In a dispute involving the San Manuel Band of Mission Indians, the NLRB overturned 30 years of precedent and held that tribal enterprises are no longer exempt from labor laws. The 3-1 decision said the board will look to factors such as employment of non-Indians to determine jurisdiction.

The decision, first announced in May 2004, is expected to be challenged in the courts. Rep. J.D. Hayworth (R-Arizona) has attempted to put it on hold but lost two votes on the issue.

Hayworth also has a bill to exempt tribes from labor laws. States are already exempt.

Get the Story:
Labor board upholds decision that allows casino worker unions (The Norwich Bulletin 10/6)
Labor laws affect tribal casinos, board rules (AP 10/6)
Final Hurdle Cleared For Casino Unions (The New London Day 10/6)
pwday

National Labor Relations Board Decisions:
San Manuel Indian Bingo and Casino | Yukon Kuskokwim Health Corporation

Relevant Links:
National Labor Relations Board - http://www.nlrb.gov

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