Jack Duran: Handling labor union relations in Indian Country

Thursday, January 31, 2013  

"As the Indian tribal industry expands and refines its function and focus, labor relations and labor contract negotiations becomes more important and an integral part of any successful business. As we have seen with San Manual Indian Bingo & Casino, 341 NLRB No. 138 (May 28, 2004), and the Tenth Circuit Court of appeal decision in San Manuel Indian Bingo & Casino v. N.L.R.B., No. 05-1392A (D.C. Cir. February 9, 2007).), exposing tribes to the National Labor Relations Act, Indian owned businesses, will likely continue to be required to comply with federal labor laws including collective bargaining rules and regulations. As employee costs can easily meet or exceed 50 percent of any business’ expenses, it is critical to any organization that it address labor relations and labor contract issues in a direct, forthright and comprehensive manner.

Building a relationship with the representative union/bargaining unit provides for alternative avenues of communication: a phone call or incidental meeting is much preferable to meeting at a grievance hearing or arbitration. Moreover, a working relationship may aid in the interpretation of a collective bargaining agreement and possibly facilitate a more efficient negotiations process for a new collective bargaining agreement. How is this relationship accomplished? Meet informally or on an as needed basis to discuss work place issues or contract interpretation. Agree to be proactive and attempt to resolve conflicts and do not simply avoid them. And finally, retain the right to disagree on matters of importance to both sides of the argument, and understand that the grievance process or ultimately arbitration is a recognized and natural outcome of contractual disputes. It should not be taken personal."

Get the Story:
Jack Duran and Larry Menth: Collective Bargaining and Labor Relations in Indian Country (Indian Country Today 1/13)