Indian Country labor relations

Indian Country Labor Relations/”Indians at Work”

November 8, 2021Matthew L.M. Fletcher

Wish I could teach this around Labor Day but that’s the second week of class!

The following screenshots come from the Smithsonian’s collection of issues of “Indians at Work.”

New Student Scholarship on Tribal Labor Relations and Federal Law

January 15, 2021Matthew L.M. Fletcher

The Harvard Law Review has posted a Note, “Tribal Power, Worker Power: Organizing Unions in the Context of Native Sovereignty.” PDF

Cert Stage Briefs for Casino Pauma v. NLRB

April 30, 2019Matthew L.M. Fletcher

Here:

Cert Petition

BIO

Agency Cert Opposition Brief in Casino Pauma v. NLRB

April 13, 2019Matthew L.M. Fletcher

Here:

nlrb-bio-3.pdf

Cert petition here.

Casino Pauma v. NLRB Cert Petition

January 10, 2019Matthew L.M. Fletcher

Here:

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

April 26, 2018Matthew 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.