Indian Country Labor Relations/”Indians at Work”

Wish I could teach this around Labor Day but that’s the second week of class!

The following screenshots come from the Smithsonian’s collection of issues of “Indians at Work.”

New Student Scholarship on Tribal Labor Relations and Federal Law

The Harvard Law Review has posted a Note, “Tribal Power, Worker Power: Organizing Unions in the Context of Native Sovereignty.” PDF

Federal Court Rejects Amended Complaint in Pauma Band Union Dispute; Issues Judgment Favoring Union

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

44-1 Motion to File Third Amended Complaint

44-2 Proposed Third Amended Complaint

45 Union Opposition

46 State Opposition

47 Reply

48 DCT Order

Prior post here.

SCOTUS Denies Cert in Casino Pauma v. NLRB & Havasupai Tribe v. Provencio

Here is today’s order list.

Casino Pauma cert stage materials here.

Havasupai v. Provencio materials here.

Cert Stage Briefs for Casino Pauma v. NLRB

Here:

Cert Petition

BIO

Reply

Agency Cert Opposition Brief in Casino Pauma v. NLRB

Here:

nlrb-bio-3.pdf

Cert petition here.

New Issue of International Human Rights journal

Here:

iur_254

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

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

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

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.