Here are those briefs:
Saginaw Chippewa Indian Tribe v. National Labor Relations Board
CNIGA Amicus Brief in Saginaw Chippewa v. NLRB
Here:
Ute Mountain Ute & State of Colorado File Joint Amicus Brief in Support of Tribal Cert Petitions in NLRB Cases
Here is the brief:
Final CO-UMUT Amicus Cert Petition – Saginaw Chippewa and LRB
Saginaw Chippewa v. NLRB Cert Petition
Here:
Saginaw Cert Petition and Appendix- Filed
Questions presented:
For more than sixty years, the National Labor Relations Board correctly declined to exercise jurisdiction over tribal operations on tribal lands. But in recent years, the Board has belatedly asserted the extraordinary power to regulate the on-reservation activities of sovereign Indian tribes, precipitating a three-way circuit split in the process. Nothing in the text of the National Labor Relations Act changed in that interval; it contains no language granting the Board authority over Indian tribes. Nor has the language of various Indian treaties, like those between the Saginaw Chippewa Indian Tribe and the United States, changed; they continue to recognize the Tribe’s authority to exclude non-members. And despite the Board’s complete lack of expertise in Indian law, the Board now dictates that some tribal operations are subject to the NLRA and others are not based on its evaluation of the centrality of certain functions to tribal sovereignty and subtle differences in treaty language.
This case presents two questions, both of which have divided the courts of appeals:
(1) Does the National Labor Relations Act abrogate the inherent sovereignty of Indian tribes and thus apply to tribal operations on Indian lands?
(2) Does the National Labor Relations Act abrogate the treaty-protected rights of Indian tribes to make their own laws and establish the rules under which they permit outsiders to enter Indian lands?
Lower court materials here.
National Labor Relations Board Reaffirms Its Jurisdiction over Saginaw Chippewa Indian Tribe
Here is the order and materials:
SCIT Amended Motion to Expedite
You may recall this matter is on remand from the Sixth Circuit.
Sixth Circuit Vacates and Remands Saginaw Chippewa/NLRB Decision in Light of Noel Canning
Here:
CA6 Order Vacating and Remanding
The court held moot the Saginaw Chippewa motion for abeyance.
Materials here.
Saginaw Chippewa (Sur)Reply to NLRB Reply in Support of Its Motion for Vacature and Remand
Here:
SCIT Surreply re NLRB Remand Motion [& In Support of Abeyance Motion]
(Now) complete briefing here:
Sag Chip Motion to Hold Appeal in Abeyance
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