loader
Page is loading...
generic_insight_detail

NLRB Defends Attempt to Encroach on Tribal Sovereignty


On May 23, the National Labor Relations Board (NLRB) argued to the U.S. Supreme Court that it has authority over labor practices at two Michigan tribal casinos. This argument stems from petitions filed earlier this year by both casino tribes — the Little River Band of Ottawa Indians and the Saginaw Chippewa Indian Tribe. The casinos urged the court to reverse a Sixth Circuit ruling, which upheld NLRB authority over the tribes’ employment practices. At issue is an ordinance enacted by the Little River Band’s tribal council prohibiting casino employees from engaging in strikes, work stoppages or slowdowns. The NLRB sought a cease and desist order to prohibit enforcement of parts of the tribal law which conflicted with the National Labor Relations Act (NLRA). The Sixth Circuit agreed with the NLRB and held that the tribe’s no-strike law violated the NLRA. In doing so, the Sixth Circuit squarely rejected a contrary decision by the Tenth Circuit, which sustained tribal labor laws. The tribes now challenge the Sixth Circuit ruling. They argue that the casinos are exempt from the National Labor Relations Act as government employers. The NLRB contends that no circuit conflict exists and that earlier decisions did not address how the NLRA applies to a tribe acting as an employer. Moreover, the board argues that applying the NLRA to the casinos, which mostly employ non-Indians and serve non-Indian customers, is consistent with both tribal sovereignty and the NLRA’s purpose.


LEAVE YOUR COMMENT

RELATED ARTICLES

Labor Board Makes E-Filing Mandatory

November 6, 2019 | Labor Relations, National Labor Relations Board

Labor Board’s Boeing Handbook Rule Produces Encouraging Results

October 18, 2019 | Labor Relations, National Labor Relations Board

Tight Ship: Labor Board Reports Improvement In Case Handling Statistics

October 14, 2019 | Labor Relations, National Labor Relations Board

Final Exam? NLRB to AGAIN Address Whether Grad Students are Employees

September 23, 2019 | Labor Relations, National Labor Relations Board

Why It's Critical That Employers Choose Words Carefully at the Bargaining Table

September 20, 2019 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
nlra
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.