National Labor Relations Act

NLRB Affirms NLRA Violations against Casino Pauma

Matthew L.M. Fletcher1 Comment

Here are the materials:

Administrative Law Judges Decision June 4, 2015

Pauma Brief

NLRB Counsel Answer Brief

Board Decision

We posted on this case here.

Little River Ottawa Sixth Circuit En Banc Petition

Matthew L.M. Fletcher

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.

Pueblo of Isleta v. NLRB Complaint

Matthew L.M. Fletcher

Here:

1 Complaint

An excerpt:

This is an action to protect the sovereignty of the Pueblo of Isleta (“Pueblo”) from infringement by the National Labor Relations Board and its members (collectively the “Board”) in violation of federal law, specifically this Circuit’s clear rule that general federal laws do not apply to a tribal government’s exercise of sovereign authority absent express congressional authorization, and that the NLRA does not contain such express authorization. Dobbs v. Anthem Blue Cross & Blue Shield, 600 F.3d 1275, 1283 (10th Cir. 2010). At a hearing to commence on May 5, 2015 the Board intends – unless restrained – to apply the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151-169, to the Pueblo’s regulation, operation, and management of gaming in the exercise of its inherent sovereign authority and pursuant to the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701-2721, by subjecting the Pueblo to trial on unfair labor practice charges brought under Section 8(a) of the NLRA, 29 U.S.C. § 158(a). The Board is proceeding on behalf of an individual, Shawna Perea (“Perea”), whom the Board alleges was terminated for allegedly engaging in concerted activities protected under Section 7 of the NLRA, 29 U.S.C. § 157.

ALJ Applies NLRA to Pauma Band of Mission Indians’ Casino

Matthew L.M. Fletcher2 Comments

Here is the opinion in Casino Pauma and Unite HERE International Union:

Administrative Law Judges Decision

H/T Pechanga.

NLRB Sixth Circuit Brief in LRB v. NRLB

Matthew L.M. Fletcher

Here:

2013-08-12 NLRB Brief for Respondent

Opening brief and amicus briefs are here.

Sixth Circuit Amicus Briefs in Support of Little River Band Ottawa in Dispute with NLRB

Matthew L.M. Fletcher

Here:

2013 Amicus Brief of Chickasaw Nation and Ute Mountain Tribe

2013-07-15 Multi-Tribe Amicus Group Brief

2013-07-16 American Indian Law Scholars Amicus Brief

2013-07-15 NCAI AMICUS BRIEF

LRB’s brief is here.

Little River Band Ottawa Opening Brief in Sixth Circuit Appeal against NLRB

Matthew L.M. Fletcher1 Comment

Here:

LRB Brief

Appendix – Part 1

Appendix – Part 2

Appendix – Part 3

Appendix – Part 4

Administrative materials here.