New Scholarship on the Sixth Circuit’s NLRB Tribal Jurisdiction Cases

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.

 

Cert Stage Briefs Complete in LRB & Soaring Eagle v. NLRB Petitions

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

Here are those briefs:

15-1024 Little River Band

15-1034 Soaring Eagle

Cert petitions are here and here.

Tribal NLRB Background Materials

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

Ute Mountain Ute & State of Colorado File Joint Amicus Brief in Support of Tribal Cert Petitions in NLRB Cases

Here is the brief:

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

Little River Band v. NLRB Cert Petition

Here:

Little River Petition and Appendix COMBINED

Question presented:

Whether the National Labor Relations Board exceeded its authority by ordering an Indian tribe not to enforce a tribal labor law that governs the organizing and collective bargaining activities of tribal government employees working on tribal trust lands.

Lower court materials here.

Little River Ottawa Sixth Circuit En Banc Petition

Here are the new materials in NLRB v. Little River Band of Ottawa Indians Tribal Government:

LRB Motion

LRB En Banc Petition

CA6 panel decision here.

6th Circuit Opinion in NLRB v. Little River Band of Ottawa Indians

Docket 12-2 – Opinion – Little River

Docket 12-3 – Judgment – Little River

National Labor Relations Board Reaffirms Its Jurisdiction over Saginaw Chippewa Indian Tribe

Here is the order and materials:

Board Decision

SCIT Motion to Expedite

SCIT Amended Motion to Expedite

SCIT Supplemental Brief

You may recall this matter is on remand from the Sixth Circuit.

NLRB Reaffirms Its Jurisdiction over Little River Band on Remand

Here:

LRB Motion to Expedite

Board Decision