On Thursday, June 18, 2015, at the annual RES D.C. Conference hosted by NCAIED, Geoff Hash of the law firm Rosette, LLP will moderate a panel to discuss the important issue of the National Labor Relations Board’s unlawful attack on tribal sovereignty as well as a congressional fix for the same. The panel will include representatives from the Chickasaw Nation, the Little River Band of Ottawa Indians, and the Saginaw Chippewa Indian Tribe of Michigan. Congressman Todd Rokita (R-IN), sponsor of the Tribal Labor Sovereignty Act, H.R. 511, will be making introductory remarks.

Regulation of labor is a vitally important aspect of tribal sovereignty. To that end, many tribes have exercised their inherent sovereignty and have enacted comprehensive ordinances addressing a wide variety of issues, such as minimum wage, family and medical leave, and collective bargaining.

Although Congress has empowered the NLRB to bring legal action against private enterprises, it has never given the NLRB jurisdiction over tribes or tribal enterprises. Nonetheless, in 2004, the NLRB began asserting jurisdiction over tribal labor practices. This has created a patchwork of uncertainty and a dilution of sovereignty, as demonstrated by the outcome of the cases mentioned below.

Congress – at the urging of many tribes – is now considering the Tribal Labor Sovereignty Act, which clarifies that the NLRB has no jurisdiction over tribal enterprises located on tribal land. The Senate version of the proposed law has just been approved by the Committee on Indian Affairs and is headed to the floor for a final vote. The House version is scheduled to be discussed at a hearing before the Education and Workforce Committee on June 16, 2015.

This panel could not be timelier given very recent events, including the congressional movement, the decision issued by the 6th Circuit in NLRB v. Little River Band of Ottawa Indians (here), the NLRB decision in the case involving the Chickasaw Nation (here), and similar ongoing litigation involving others.

The panel will discuss these issues and explain why they are so critically important to tribal economic development. We encourage you to register for the RES Conference and attend in person. Registration is available at http://res.ncaied.org/res-dc-2015-registration/. Those interested may also contact Geoff Hash, Rosette, LLP, at (916) 353-1084 or ghash@rosettelaw.com for more information, or visit http://www.NativeEdge.com to review an archived video of the panel discussion and related materials.

Date: June 18, 2015
Time: 8:45 am
Location: Omni Shoreham Hotel, 2500 Calvert