From the New London Day:
NLRB Set To Hear Challenge Of Foxwoods’ Union
Testimony starts Tuesday during Hartford hearing
It is a contentious battle, which pits an Indian tribe that operates one of the most successful casinos in the world against one of the largest unions in North America.
And the battle continues this week, as the National Labor Relations Board is set to hear testimony from both the Mashantucket Pequot Tribal Nation, which owns Foxwoods Resort Casino, and the United Auto Workers union. At issue is whether an election that took place in November, in which table game and poker dealers voted 1,289 to 852 to form a union, is valid. The hearing is set to begin Tuesday in Hartford
Shortly after the election, the tribe challenged the results, citing 12 objections. The tribe questioned whether its gaming enterprise fell under the National Labor Relations Act or the jurisdiction of the NLRB. The tribe also questioned why the ballots were not multilingual and alleged that UAW representatives harassed and intimidated eligible voters before the election.
The NLRB threw out two of the tribe’s objections, which included the question of jurisdiction.
The remaining 10 objections mostly pertain to the conduct of UAW representatives, which the union has said are “completely false.”
The hearing is expected to continue until Thursday, although the length of the proceeding depends on how many people are called to testify.
Similar to criminal court proceedings, the burden of proof falls on the tribe, which will call its witnesses first.
Bruce MacDonald, spokesman for the Mashantucket Pequot Tribe, said the tribe’s attorneys will call a number of employees to testify, but did not know how many are expected to appear.
MacDonald said a number of employees have approached management and levied claims about the election, which is why Foxwoods pushed to have a hearing before the NLRB.
“There’s an issue of elemental fairness here. We’ve sought these hearings because we want these employees to have a voice … in a formal setting,” MacDonald said. “We are looking forward to going in and having our say. We hope our views and views of our employees are heard by the NLRB.”
Once the tribe is satisfied with its testimony, the UAW will have the opportunity to call people to testify who may offer a different perspective or refute previous testimony. The UAW would not comment on the upcoming hearings.
If the NLRB affirms the tribe’s allegations of misconduct, it would force a new election.
The UAW has been trying since the spring to unionize at Foxwoods. In September, dealers petitioned the NLRB for an election. The tribe then challenged the right to hold an election, claiming that a union could only form under tribal, not federal, law. The regional and national offices of the NLRB have rejected that argument.
All eyes are on this battle as its outcome could have an impact at tribal casinos across the country. If the UAW were granted the right to represent workers at Foxwoods, it would be the first tribal casino in the state to allow a union.
On a national scale, Foxwoods would be the just the second, but by far the largest, tribal casino to introduce union representation.
On Feb. 9, 2007, in a case between the NLRB and the San Manuel Band of Mission Indians in California, the court ruled that unions can organize at tribal casinos and that federal labor law should prevail over tribal labor law.
Once the hearing ends, the NLRB will issue a written decision, which could take a week or two.
Turtle Talk 