Here are the new materials in Pauma Band of Luiseño Mission Indians of the Pauma & Yuima Reservation v. Unite Here International Union (S.D. Cal.):
44-1 Motion to File Third Amended Complaint
44-2 Proposed Third Amended Complaint
Prior post here.
Features articles about Canadian Indian labor issues and a paper by Kaighn Smith and Joel Williams: “Native Americans, Tribal Sovereignty and Unions.”
Here are the materials in Pauma Band of Luiseño Mission Indians of the Pauma & Yuima Reservation v. Unite Here International Union (S.D. Cal.):
20-1 Motion to File Second Amended Complaint
28 Union Reply in Support of 14
29 State Reply in Support of 15
34-1 Union MTD Second Amended Complaint
36-1 State MTD Second Amended Complaint
39 Union Reply in Support of 34
40 State Reply in Support of 36
Here is the unpublished opinion in Shingle Springs Band of Miwok Indians v. UNITE HERE International Union.
Oral argument video here.
Lower court materials here.
Prior cases here.
Here are the materials in Shingle Springs Band of Miwok Indians v. Unite Here International Union (E.D. Cal) (No. 16-1057):
And here are the materials in Unite Here International Union v. Shingle Springs Band of Miwok Indians (E.D. Cal.) (No. 16-384):
20 Motion for Judgment on Pleadings
Riley Plumer has published “Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes inSoaring Eagle Casino and Resort v. National Labor Relations Board” in Law & Inequality.
Casino Pauma Corrected Opening Brief
Administrative Law Judges Decision 6-4-2015
Casino Pauma Brief in Support of Exceptions 8-4-2014
Answering Brief to Exceptions 9-5-2014
Here are the materials:
Administrative Law Judges Decision June 4, 2015
We posted on this case here.
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.
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