Labor Relations – Page 2

Features articles about Canadian Indian labor issues and a paper by Kaighn Smith and Joel Williams: “Native Americans, Tribal Sovereignty and Unions.”

Casino Pauma v. NLRB Cert Petition

January 10, 2019Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Should this Court reconsider Chevron?

2. Does the National Labor Relations Act apply to Indian tribes?

3. Does the employee-to-employee solicitation rule in Republic Aviation empower employees to solicit customers in business “guest areas” like restrooms and restaurants?

Lower court materials here.

State and Union Prevail over Pauma Band over Labor Relations Dispute

October 2, 2018October 2, 2018Matthew L.M. Fletcher

Here are the materials in Pauma Band of Luiseño Mission Indians of the Pauma & Yuima Reservation v. Unite Here International Union (S.D. Cal.):

13 Amended Complaint

14-1 Union MTD

15-1 State MTD

20-1 Motion to File Second Amended Complaint

21 Union Opposition to 20

22 State Opposition to 20

23 Reply in Support of 20

25 Response to 14

26 Response to 15

28 Union Reply in Support of 14

29 State Reply in Support of 15

33 Second Amended Complaint

34-1 Union MTD Second Amended Complaint

36-1 State MTD Second Amended Complaint

37 Response to 34

38 Response to 36

39 Union Reply in Support of 34

40 State Reply in Support of 36

43 DCT Order

Ninth Circuit Orders Arbitration in Dispute Involving Tribe and Labor Union

September 26, 2018Matthew L.M. Fletcher

Here is the unpublished opinion in Shingle Springs Band of Miwok Indians v. UNITE HERE International Union.

Briefs:

Shingle Springs Opening Brief

United Here Brief

Oral argument video here.

Lower court materials here.

Prior cases here.

Ninth Circuit Rejects Casino Pauma Effort to Avoid NLRB Jurisdiction

April 26, 2018Matthew L.M. Fletcher

Here is the opinion in Casino Pauma v. NLRB. From the court’s syllabus:

The panel granted the National Labor Relations Board’s petition for enforcement of its order; denied Casino Pauma’s petition for review; and upheld the Board’s conclusions that it may apply the National Labor Relations Act (“NLRA”) to the relationship between employees working in commercial gaming establishments on tribal lands and the tribal governments that own and manage the establishments, and that Casino Pauma committed unfair labor practices in violation of the NLRA by trying to stop union literature distribution.

Briefs here.