National Labor Relations Act

Saginaw Chippewa Files Sixth Circuit Petition for Review of NLRB Jurisdictional Decision

Matthew L.M. Fletcher

Here are the materials so far in Saginaw Chippewa Indian Tribe v. NLRB:

Petition for Review – Filed Case No. 13-1569

Docketing Letter – 5-3-13

The NLRB decision is here.

A parallel decision and petition for review in the Sixth Circuit by the Little River Band of Ottawa Indians is here.

Little River Band Ottawa Sixth Circuit Petition for Review of NLRB Decision

Matthew L.M. Fletcher1 Comment

Here:

1 – Petition for Review of NLRB Decision

NLRB materials here.

NLRB Asserts Jurisdiction over Soaring Eagle Casino (Saginaw Chippewa Indian Tribe)

Matthew L.M. Fletcher1 Comment

Here is the decision:

Soaring Eagle Board Decision 16APR2013

This comes a few weeks after a similar decision involving the Little River Band of Ottawa Indians.

Update — NLRB Materials:

Administrative Law Judges Decision

SCIT Objections to ALJ Decision

Acting General Counsel Response

SCIT Objections Reply

SCIT Supplemental Authority Brief

National Labor Relations Board Asserts Jurisdiction over Little River Band Casino

Matthew L.M. Fletcher3 Comments

Here are many of the key materials (more are here):

Board Decision

LRB Motion for Summary J

LRB Stipulated Facts

NLRB Counsel Brief

LRB Brief

NLRB Counsel’s Answer Brief

LRB Answer Brief

Interior Solicitor Letter Declining to File Amicus

LRB Motion to Expedite 1-11-13

LRB Motion to Expedite 5-24-12

News coverage here.

LRB Press Release

National Labor Relatons Board ALJ Finds Multiple NLRA Violations at Lytton Rancheria Casino

Matthew L.M. Fletcher

Here is the opinion in Lytton Rancheria of California d/b/a Casina San Pablo:

Administrative Law Judges Decision

Update in Saginaw Chippewa Suit against NLRB

Matthew L.M. Fletcher3 Comments

Much like the 2009 letter from the Interior Solicitor’s Office in relation to the Little River Band of Ottawa Indians, a new letter from the Interior Solicitor makes the same argument — that the National Labor Relations Act does not apply to Indian tribes — in relation to the Saginaw Chippewa Indian Tribe.

Here is the new letter (signed by Patrice Kunesh, Deputy Solicitor, Indian Affairs):

NLRB 12 7 11

House Bill to Ban NLRB from Tribal Business Introduced

Adrea Korthase2 Comments

The bill “To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act” was introduced last week and the text of the bill became available today.

H.R. 2335 (text)

Here’s a link to other information about the bill.

Finally, a story on the bill from The Daily Republic:

WASHINGTON — U.S. Rep. Kristi Noem, R-S.D., introduced legislation Thursday to clarify that the National Labor Relations Board does not have jurisdiction over tribally owned businesses on reservation land as a matter tribal sovereignty.

In 2004 the National Labor Relations Board, which is the federal agency of the U.S. government charged with conducting elections for labor union representation and other labor-related duties, determined that the National Labor Relations Act (NLRA) applies to activities on reservation lands.  This bill would reverse that decision. The legislation stands to defend tribal sovereignty and promote economic opportunities on reservations lands by eliminating ambiguity in existing federal law.  Continue reading →

Fort Independence Indian Community v. California — IGRA Good Faith Lawsuit

Matthew L.M. Fletcher

So far, this case hasn’t proceeded very far, but the question of whether the court will use by analogy the good faith negotiation requirement under the National Labor Relations Act in this Indian Gaming Regulatory Act case has been decided:

In interpreting this good faith standard, courts have taken some guidance from cases interpreting negotiation obligations imposed by the National Labor Relations Act (“NLRA”). Indian Gaming Related Cases v. California, (Coyote Valley I) 147 F.Supp.2d 1011, 1020-21 (N.D.Cal.2001), affirmed by Coyote Valley II, 331 F.3d 1094. However, the NLRA and IGRA differ in some important aspects. For example, claims of bad faith negotiation under the NLRA are first reviewed by an administrative agency (the National Labor Review Board), see Nat’l Labor Relations Bd. v. Tomco Communications, Inc., 567 F.2d 871, 876 (9th Cir.1978). Under the IGRA, the initial determination is made by the court. Thus, while the NLRA caselaw provides some useful guidance, courts have not applied it to the IGRA “wholesale.” Coyote Valley I, 147 F.Supp.2d at 1021.

Here is the order — DCT Order on Motion to Compel (and the magistrate’s order before that — Magistrate Order on Motion to Compel).

Fort Independence has a motion for summary judgment pending (Fort Independence Motion for Summary Judgment). California’s response is due next week. Still waiting on an 11th Amendment motion. Maybe I missed something….

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:

Continue reading →

Security Guards Drop Effort to Unionize Soaring Eagle at Saginaw Chippewa

Matthew L.M. Fletcher

From Indianz:

Security guards at the casino owned by the Saginaw Chippewa Tribe of Michigan have dropped efforts to unionize.

The International Union Security Police & Fire Professionals of America petitioned the National Labor Relations Board for a vote at the Soaring Eagle Casino & Resort. But the effort was dropped for an unexplained reason, The Mt. Pleasant Morning Sun reported. Housekeeping staff at the casino tried to organize last year. But they voted 2-1 against unionization.

Continue reading →