NLRB Affirms NLRA Violations against Casino Pauma

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.

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

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

1 Complaint

3 Motion for PI

8 SCIT Motion for TRO

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

Here is the board’s decision:

Board 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

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


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


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


LRB’s brief is here.

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


LRB Brief

Appendix – Part 1

Appendix – Part 2

Appendix – Part 3

Appendix – Part 4

Administrative materials here.