National Labor Relations Board – Turtle Talk

NLRB Affirms NLRA Violations against Casino Pauma

December 4, 2015December 4, 2015Matthew L.M. Fletcher1 Comment

Here are the materials:

Administrative Law Judges Decision June 4, 2015

NLRB Counsel Answer Brief

We posted on this case here.

Saginaw Chippewa Sues to Delay Hearing before NLRB in “Ambush Election” Rule Matter

June 9, 2015June 16, 2015Matthew L.M. Fletcher

Here are the materials in Saginaw Chippewa Indian Tribe v. Pearce (E.D. Mich.):

3 Motion for PI

8 SCIT Motion for TRO

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

June 9, 2015June 16, 2015Andrew Adams III2 Comments

Docket 12-2 – Opinion – Little River

Docket 12-3 – Judgment – Little River

NLRB Declines Jurisdiction over Chickasaw Nation Casino Due to Interference with Treaty Rights

June 5, 2015June 5, 2015Matthew L.M. Fletcher

Here is the board’s decision:

An excerpt:

At issue in this case is whether an Indian tribe, the Chickasaw Nation, in its capacity as operator of the WinStar World Casino, is subject to the Board’s jurisdiction and, if so, whether it violated Section 8(a)(1) of the National Labor Relations Act by informing casino employees that because of the Nation’s tribal sovereignty, they did not have the protection of the Act. Applying the test established by the Board in San Manuel Indian Bingo & Casino, 341 NLRB 1055 (2004), enfd. 475 F.3d 1306 (D.C. Cir. 2007), we find that application of the Act would abrogate treaty rights, specific to the Nation, contained in the 1830 Treaty of Dancing Rabbit Creek. As a result, we decline to assert jurisdiction over the Nation, the Respondent here.

Materials here:

Chickasaw Position Statement

NLRB Position Statement

Joint Motion and Exhibits

ALJ Applies NLRA to Pauma Band of Mission Indians’ Casino

July 1, 2014Matthew L.M. Fletcher2 Comments

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

Administrative Law Judges Decision

Little River Band Ottawa Reply Brief in LRB v. NLRB

August 30, 2013Matthew L.M. Fletcher

Here:

2013-08-20 Reply Brief (As Filed)

NLRB Sixth Circuit Brief in LRB v. NRLB

August 12, 2013Matthew L.M. Fletcher

Here:

2013-08-12 NLRB Brief for Respondent

Opening brief and amicus briefs are here.

National Labor Relations Board Asserts Jurisdiction over Chickasaw Nation Casino

July 22, 2013Matthew L.M. Fletcher

Here is the decision:

Chickasaw July 12 2013 Board Decision

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

July 16, 2013Matthew 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

July 10, 2013July 10, 2013Matthew L.M. Fletcher1 Comment

Here:

Appendix – Part 1

Appendix – Part 2

Appendix – Part 3

Appendix – Part 4

Administrative materials here.

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