Casino Pauma v. NLRB Cert Petition


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Here is the unpublished opinion in Shingle Springs Band of Miwok Indians v. UNITE HERE International Union.


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

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.

Federal Court Orders Shingle Springs Miwok into Arbitration with Labor Union

Here are the materials in Shingle Springs Band of Miwok Indians v. Unite Here International Union (E.D. Cal) (No. 16-1057):

9 Motion to Dismiss

13 Tribe Opposition

14 Reply

18 DCT Order

And here are the materials in Unite Here International Union v. Shingle Springs Band of Miwok Indians (E.D. Cal.) (No. 16-384):

20 Motion for Judgment on Pleadings

21 Tribe Opposition

22 Reply

25 DCT Order

New Scholarship on the Sixth Circuit’s NLRB Tribal Jurisdiction Cases

Riley Plumer has published “Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes inSoaring Eagle Casino and Resort v. National Labor Relations Board” in Law & Inequality.


Ninth Circuit Briefs in Casino Pauma v. NLRB


Opening Brief

CNIGA Amicus Brief

Fort Peck Amicus Brief

Appellate Commissioner Order

Casino Pauma Corrected Opening Brief

NLRB Answer Brief


Reply Brief

Administrative materials:

Administrative Law Judges Decision 6-4-2015

Board Decision 3-31-2015

Board Decision 12-3-2015

NLRB Judge Decision 7-18-2016

Casino Pauma Brief in Support of Exceptions 8-4-2014

Answering Brief to Exceptions 9-5-2014

Prior posts here and here.

Cert Stage Briefs Complete in LRB & Soaring Eagle v. NLRB Petitions

Here they are for the LRB v. NLRB petition:

Little River Petition and Appendix COMBINED

US Cert Opposition

Little River Reply

Here they are for Soaring Eagle v. NLRB:

Saginaw Cert Petition and Appendix- Filed

US Cert Opposition

Saginaw Cert Reply FINAL

All the briefs are available here at the background materials page for these two cases.

These materials have been submitted for the June 23 Conference at the Supreme Court (docket page here and here).