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.

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.

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.