Labor Relations

Ninth Circuit Rejects Casino Pauma Effort to Avoid NLRB Jurisdiction

Matthew 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.

NYTs: “Senate Bill to Curtail Labor Rights on Tribal Land Falls Short”

Matthew L.M. Fletcher

Here.

Oral Argument Video in Casino Pauma v. NLRB

Matthew L.M. Fletcher

Here.

Briefs here.

Federal Court Orders Shingle Springs Miwok into Arbitration with Labor Union

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher2 Comments

Here:

Opening Brief

CNIGA Amicus Brief

Fort Peck Amicus Brief

Appellate Commissioner Order

Casino Pauma Corrected Opening Brief

NLRB Answer Brief

UNITE HERE 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

Matthew L.M. Fletcher

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).

United States Opposes Cert in NLRB Cases

Matthew L.M. Fletcher

Here are those briefs:

15-1024 Little River Band

15-1034 Soaring Eagle

Cert petitions are here and here.

Tribal NLRB Background Materials

Matthew L.M. Fletcher1 Comment

Here are the materials relevant to Little River Band of Ottawa Indians Tribal Government v. NLRB.

Supreme Court cert stage briefs

Little River Petition and Appendix COMBINED

USET Amicus Brief

Final CO-UMUT Amicus Cert Petition – Saginaw Chippewa and LRB

National Right to Work Legal Defense Foundation

CNIGA Amicus

NCAI Amicus

Michigan Amicus Brief

US Cert Opposition

Little River Reply

Sixth Circuit En Banc Stage Continue reading →

CNIGA Amicus Brief in Saginaw Chippewa v. NLRB

Matthew L.M. Fletcher

Here:

CNIGA Amicus Brief