Monday, June 27, 2016

Will Native Americans Vote Republican? A Tale of Labor Law

No, this question is not a joke. Native American casinos generated $28.5 billion in 2014 revenues. A growing number of casino workers have chosen unions to bargain for them. The legal question is whether the National Labor Relations Board has jurisdiction in the employment relationship, or whether casinos are exempt due to tribal sovereignty.

As reported by Robert Iafolla (Reuters Law), in 2015 the 6th Circuit ruled that the NLRB could order a casino owned and operated by the Saginaw Chippewa Indian Tribe of Michigan to reinstate a housekeeper who was fired for soliciting union support. A second appellate decision also ruled in favor of the NLRB and employees.

Today, the Supreme Court denied the tribes’ petition to review these rulings. Now, the only way to undo these rulings is to seek legislation from a Republican controlled Senate and House. 

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