Little River Band of Ottawa Indians v. National Labor Relations Board

Federal Court Dismisses Little River Band’s Challenge to NLRB Jurisdiction for Lack of Jurisdiction

Matthew L.M. Fletcher

Here is that opinion: LRB v. NLRB

An excerpt:

Plaintiff has simply not established federal-question jurisdiction. The NLRA does not create a cause of action for a plaintiff in federal district court. To the extent plaintiff’s right to relief depends on resolution of a substantial question of federal law, namely, the NLRB’s exercise of jurisdiction over it, that question is properly decided by the NLRA in the first instance, then the court of appeals. This Court lacks jurisdiction to prevent the NLRB from proceeding on the charge that plaintiff is engaged in an unfair labor practice.

Briefs and other materials here and here.

Little River Band of Ottawa Indians’ Summary Judgment Motion against NLRB

Matthew L.M. Fletcher1 Comment

Previous materials are here, including the complaint and exhibits.

LRB Motion for Summary Judgment

LRB Statement of Material Facts

NLRB Opposition

LRB Reply

NLRB Surreply

Little River Band of Ottawa Indians Sues National Labor Relations Board

Matthew L.M. Fletcher3 Comments

VERY interesting case.The Little River Band created its own labor relations code. At least one union agreed to forego the National Labor Relations Act in favor of the tribal law, but the Teamsters — perhaps the definition of a dying union that won’t go away without bringing down everyone around it — filed a charge with the NLRB.

Even more interesting, the Interior Solicitor opined that the NLRA does not apply to this tribe, and requested that the NLRB back down. Of course the Board refused. And so we have this case in the Western District of Michigan.

Here are the relevant materials:

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