Federal Court Orders Individual Defendant to Pay $475K Civil Penalty in City of New York v. Golden Feather

Here is the order:

DCT Order on Civil Penalty

Prior materials here, here, and here.

 

Little River Band Ottawa Signs Two More Collective Bargaining Agreements with Unions

For Immediate Release

(October 6, 2013) Manistee, MI ​

COLLECTIVE BARGAINING AGREEMENTS
COMPLETED UNDER TRIBAL LAW

Deepening a five year relationship under the labor law of the Little River Band of Ottawa Indians, the United Steelworkers Union and the Manistee, Michigan-based Little River Casino Resort have completed two new collective bargaining agreements. The contracts, which cover employees within the Resort’s security and slot tech departments, were ratified late last week by the USW.

“As far as we are aware, no other Indian tribe in the country has as many collective bargaining agreements entered into pursuant to tribal law,” said Wendell Long, the General Manager for the Resort, and a member of the Choctaw Nation of Oklahoma. “This exemplifies tribal sovereignty at work,” said Virgil Johnson, the elected Speaker of the Band’s Tribal Council, which is responsible for enacting the Band’s laws. “We are very proud of our success,” he said.

In 2007, the Band enacted its Labor Organizations and Collective Bargaining Law to cover employees within its public sector operations, including the Little River Casino Resort. The Band conducts gaming as a substitute for a tax base to generate revenue to support governmental services it provides to its members under the Indian Gaming Regulatory Act. The Band’s gaming revenues from the Resort provide the bulk of funds for its health programs, police department, and court system, as well as many other governmental programs.

The Band’s labor law establishes a structure for union elections, bargaining rules, and the resolution of unfair labor practice charges. “We found much to learn from the way state governments regulate collective bargaining,” said Speaker Johnson, “but in the end, this law reflects the unique values of our Ottawa community.”

The Resort and the USW have engaged in bargaining unit elections and collective bargaining over employment terms and conditions affecting more than 100 employees at the Resort. The first agreement was signed in December, 2010 and two others followed by October of 2012. According to Bill Laney, USW Staff Representative: “The USW and the Resort have developed a good working relationship and the successful outcome of these negotiations is proof that the Tribe’s collective bargaining law is now working. It gives employees a voice in determining their wages, hours and working conditions and the ratification of these two contracts shows that unit members are satisfied with the results.”

Ogema Larry Romanelli, the Band’s executive branch leader, has monitored management-union relations at the Band. “A lot of hard work and long hours have gone into the negotiation of these collective bargaining agreements,” he said. “They reflect the good faith of union and management, alike.”

Oral argument is scheduled before the United States Court of Appeals for the Sixth Circuit on Tuesday, October 8th in a case in which the National Labor Relations Board has challenged the authority of the Band to apply its labor law at the Resort.

For information on the Little River Band’s labor and employment laws, contact the Office of Public Affairs for the Little River Band of Ottawa Indians at 2608 Government Center Drive, Manistee, MI 49660. Office phone 231.723.8288. E-mail to gzaring@lrboi.com

Consumer Financial Protection Bureau Denies Petition by Tribal Payday Lenders to Set Aside Investigative Demands

Here:

201309_cfpb_decision-on-petition_great-plains-lending-to-set-aside-civil-investigative-demands

Thanks to S.D. More material here.

Update in Federal Trade Commission v. Payday Financial (Martin Webb) — Defendants Ordered to Pay FTC More than $400K

Here are the new materials in Federal Trade Commission v. Payday Financial LLC (D. S.D.):

52 PF Motion for Summary J

58 FTC Response

60 PF Reply

94 FTC Motion for Summary J

103 PF Opposition

114 FTC Reply

117 DCT Order Denying PF Motion for Summary J

120 FTC Memorandum of Supplemental Authority

120-1 Exhibit A

120-3 Exhibit C

131 DCT Order Granting Partial Summary J to FTC

Materials from the complaint here.

Federal Court Denies Injunction in Otoe-Missouria Tribe v. New York State Dept. of Financial Services

Here:

NY Order Denying PI Relief

Materials are here.

Property & Environment Research Center on Native (Lack of) Property Rights

Here’s an interesting perspective from PERC. It’s hard to tell if it’s a termination/allotment perspective dressed up in new clothes or a true self-determination perspective.

NYTs Coverage of Nez Perce Fight against MegaLoads and Climate Change

Here.

20130926-083837.jpg

Seventh Circuit Supplemental and Amicus Briefs in Jackson v. Payday Financial (Western Sky Affiliates)

Here:

Jackson Supplemental Brief

Payday Financial Supplemental Brief

Federal Trade Commission Amicus Brief

Gavin Clarkson Amicus Brief [CA7 Order Denying Clarkson Motion: out of time]

Illinois Amicus Brief

Payday Financial Brief in Response to Amici TK

Prior briefs here, with supplemental briefing order.

Ninth Circuit Denies En Banc Review in Chehalis Great Wolf Lodge Tax Case

Here:

CA9 Order Denying En Banc Review

The petition is here.

Panel materials are here.

Nez Perce Tribe Press Release on MegaLoads Decision

Here:

NPT Press Release

NPT Press Release

Case materials are here.