En Banc Petition in Kelsey v. Pope

Here:

Kelsey Petition for Rehearing en Banc

Panel decision and materials here.

Sixth Circuit Rules in Favor of Little River Band in Kelsey v. Pope

Here is the opinion in Kelsey v. Pope:

59-2 Opinion

59-3 Judgment

Briefs here.

Staff Attorney Position at Little River Band of Ottawa Indians

Here: Staff Attorney 6-12-2015[1]

Little River Band Ottawa General Counsel Position

Here:

General_Counsel_11-18-2014

It’s for the executive branch.

Sixth Circuit Briefs in Kelsey v. Pope

Here:

Appellant Opening Brief + Appendices

NCAI Amicus Brief + Appendix

US Amicus Brief

Kelsey Brief

NACDL Amicus Brief

Reply Brief

Lower court materials here.

News Coverage of LRB Peacemaking Conference

Here:

Manistee News Article

Our post on the conference is here. It’s June 11-13, 2014.

Federal Court Holds Little River Band Cannot Prosecute Tribal Member Crimes on Tribe-Owned Fee Land Outside of Indian Country

Here are the materials in Kelsey v. Pope (W.D. Mich.):

1 Kelsey Habeas Petition

13 LRB Response to Habeas Petition

16 Kelsey Reply

30 LRB Supplemental Memorandum

31 Kelsey Response

35 MJ R&R

36 LRB Objection

39 Kelsey Reply

41 DCT Order

3rd Midwest Peacemaking Conference — Little River Band — June 11-13, 2014

Here:

Peacemaking Conference

Update in Little River Off Reservation Casino Proposal

Here, from LRB:

Little River Band of Ottawa Indians Ogema Larry Romanelli made a surprise announcement at the tribe’s Fall Membership meeting shortly before 2 p.m. this afternoon. He announced that Michigan Governor Rick Snyder has agreed to let the tribes’ petition to establish a casino proceed to the Bureau of Indian Affairs (BIA) for consideration.

Romanelli brought the Muskegon Casino task force members to the stage at the Makwa Endaat Entertainment Center as details of the announcement were told to the assembled tribal members. Romanelli thanked the task force and past and present members who contributed so much to the four year long effort. The announcement was officially released on the state side by Senator Geoff Hanson in Muskegon.

Tribal Council Speaker Virg Johnson, reacting to the announcement stated that, “We are ecstatic that Governor Snyder has made this move in support of consideration of our project in Muskegon. Our tribe is excited about the potential of our proposed resort to help the people of the Muskegon area and Fruitport in particular…an area hard hit by economic challenges over recent years.”

The Muskegon region is home to a large concentration of tribal citizens who, along with all units of government in the area, actively support the casino project.

Ogema Romanelli, revealed that he and task force members have been waiting to share the information for several days in order for Senator Hanson to make the official announcement. This approval by the Governor is the first step in a multi-step process of due diligence that’s required of the Secretarial Determination Process.

The proposed casino would be on the site of the old Great Lakes Downs race park just off of the intersection of I-96 and US31.

Little River Band Ottawa Signs Two More Collective Bargaining Agreements with Unions

For Immediate Release

(October 6, 2013) Manistee, MI ​

COLLECTIVE BARGAINING AGREEMENTS
COMPLETED UNDER TRIBAL LAW

Deepening a five year relationship under the labor law of the Little River Band of Ottawa Indians, the United Steelworkers Union and the Manistee, Michigan-based Little River Casino Resort have completed two new collective bargaining agreements. The contracts, which cover employees within the Resort’s security and slot tech departments, were ratified late last week by the USW.

“As far as we are aware, no other Indian tribe in the country has as many collective bargaining agreements entered into pursuant to tribal law,” said Wendell Long, the General Manager for the Resort, and a member of the Choctaw Nation of Oklahoma. “This exemplifies tribal sovereignty at work,” said Virgil Johnson, the elected Speaker of the Band’s Tribal Council, which is responsible for enacting the Band’s laws. “We are very proud of our success,” he said.

In 2007, the Band enacted its Labor Organizations and Collective Bargaining Law to cover employees within its public sector operations, including the Little River Casino Resort. The Band conducts gaming as a substitute for a tax base to generate revenue to support governmental services it provides to its members under the Indian Gaming Regulatory Act. The Band’s gaming revenues from the Resort provide the bulk of funds for its health programs, police department, and court system, as well as many other governmental programs.

The Band’s labor law establishes a structure for union elections, bargaining rules, and the resolution of unfair labor practice charges. “We found much to learn from the way state governments regulate collective bargaining,” said Speaker Johnson, “but in the end, this law reflects the unique values of our Ottawa community.”

The Resort and the USW have engaged in bargaining unit elections and collective bargaining over employment terms and conditions affecting more than 100 employees at the Resort. The first agreement was signed in December, 2010 and two others followed by October of 2012. According to Bill Laney, USW Staff Representative: “The USW and the Resort have developed a good working relationship and the successful outcome of these negotiations is proof that the Tribe’s collective bargaining law is now working. It gives employees a voice in determining their wages, hours and working conditions and the ratification of these two contracts shows that unit members are satisfied with the results.”

Ogema Larry Romanelli, the Band’s executive branch leader, has monitored management-union relations at the Band. “A lot of hard work and long hours have gone into the negotiation of these collective bargaining agreements,” he said. “They reflect the good faith of union and management, alike.”

Oral argument is scheduled before the United States Court of Appeals for the Sixth Circuit on Tuesday, October 8th in a case in which the National Labor Relations Board has challenged the authority of the Band to apply its labor law at the Resort.

For information on the Little River Band’s labor and employment laws, contact the Office of Public Affairs for the Little River Band of Ottawa Indians at 2608 Government Center Drive, Manistee, MI 49660. Office phone 231.723.8288. E-mail to gzaring@lrboi.com