Lynn Stephen, MF, David Kamper, and James Kawahara
James Kawahara
Lynn Stephen
Labor Relations
Tenth Circuit Amicus Briefs in Chickasaw Nation v. NLRB
Sixth Circuit Oral Argument Audio in LRB v. NLRB
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
Racial Tensions Rise in New Mexico School District as law suit filed.
An excerpt from an article on the issue:
Mormons and Indians
A deadlock between the two cultures is at least partly to blame for the political climate in the district since May, when the board and administrators began making drastic changes in personnel, policies and facilities.
At the root of much of that clash is a belief that Anglo Mormons long have dominated the district and held onto the purse strings.
“The allegation is that the Mormons have run the district for years,” said Byron Manning, the former director of finance and operations who resigned in 2011 after working in the district for 10 years.
The article in full can be found here.
Federal Court Dismisses Saginaw Chippewa NLRB Challenge
Here is the order:
DCT Order Dismissing SCIT Complaint
Briefs and other materials are here and here and here and here.
Update in Saginaw Chippewa Suit against NLRB
Much like the 2009 letter from the Interior Solicitor’s Office in relation to the Little River Band of Ottawa Indians, a new letter from the Interior Solicitor makes the same argument — that the National Labor Relations Act does not apply to Indian tribes — in relation to the Saginaw Chippewa Indian Tribe.
Here is the new letter (signed by Patrice Kunesh, Deputy Solicitor, Indian Affairs):
Response and Reply in Saginaw Chippewa Indian Tribe v. NLRB
Here is the Saginaw Chippewa Tribe’s combined Response and Reply: Combined Response & Reply
And here is the NLRB’s reply: Reply Brief – 12-05-11
Earlier posts here.
Turtle Talk 