Wednesday, November 18, 2015

Democrats Can't Stop TRIBAL SOVEREIGNTY ACT from Passing in the House

Proving that Democrats only pay LIP SERVICE to Sovereignty when it comes to protecting UNIONS.

Today, Congress passed the Tribal Labor Sovereignty Act of 2015 (249-177 with 24 Democrats joining a majority of Republicans), which rolls back federal agency intervention in tribal affairs in order to restore greater sovereignty to tribes. Montana Congressman Ryan Zinke cosponsored and voted for the measure. The legislation will amend the National Labor Relations Act to affirm that the law does not apply to any business owned and operated by an Indian tribe and located on tribal land, restoring to tribal leaders control over employee-employer relations.

“This is about sovereignty, opportunity and respect,” said Rep. Ryan Zinke.  “The federal government already saddles our tribes with burdensome regulations that hamper their ability to achieve the same goals of prosperity and success that we all aspire to. Considering the fact that the NLRB notoriously overreaches in the private sector, imagine what damage they would do to Montana’s tribes. H.R.511 is supported by tribes all across the nation. This bill affirms my strong support for their sovereignty.”

Tribal Labor Sovereignty Act Of 2015:

Prevents the NLRB from exerting jurisdiction over Native American businesses operating on tribal lands by restoring a legal standard in place long before the board’s misguided decision.

Protects the sovereignty of Native American tribes, ensuring they are afforded the same rights and protections enjoyed by state and local governments.

Returns to tribes the ability to govern labor relations in their businesses in a way they determine is best for their workplaces, eliminating legal confusion and uncertainty.



Background: In 2004, the National Labor Relations Board (NLRB) issued the San Manuel Indian Bingo and Casino decision, overturning a long-standing precedent, and began using a subjective test to determine when and where to assert its jurisdiction over Indian tribes. Prior to its San Manuel decision, the NLRB respected the sovereignty of Native American tribes, holding that they were generally free from outside intervention. The board now decides on a case-by-case basis whether a tribal business on tribal land is for commercial purposes, and if it is, the board asserts its jurisdiction over that business. As a result, the NLRB is picking winners and losers among Indian tribes and creating legal confusion and uncertainty for tribal leaders and businesses.

Members of the Native American community have raised concerns about the NLRB’s “increasingly aggressive approach to enforcement,” saying it:

“Creates unacceptable risks and uncertainties for all tribal nation rights under federal law and to their dignity as sovereigns;”
“Infringes on the ability of tribes to govern activities on their lands and provide vital services to [their] members;” and
“Impair[s] tribal sovereignty and the developing economies in Indian country.”

7 comments:

Anonymous said...

How does this affect the millions of employees ? Do they have any labor rights or protections ? If the politicians cannot or will not do anything for them they should refuse to pay income taxes. Both federal and state. Of all the labor laws and provisions passed both on the state and federal level none of them included tax paying citizens employed at Indian casinos.

Anonymous said...

Refuse to pay income taxes?? Are you smoking Peyote?? If you believe you are more Native than an American Citizen, that's fine. However, you reside within the USA and those laws are superior to any Tribal Law you might have. Tribes have proven that they are horrible at running their own Governments. The US Government is tired of the shenanigans. Let the tribes figure it out for themselves. Cheers to sovereignty. It'll be the death of Tribes.

White Buffalo said...

I have not read the bill yet, so this may not apply, but form what I just read it sounds like this is just another license to steal and abuse those non Indian workers who are employed by tribes like Pechanga. Really do you think this is going to favor the employee. It does not matter what party that sponsored the bill. both sides do not have the individual rights of Indians in mind, never have they never will.

Sandbox said...

The work force at these casinos is 99% non tribal. The employees are entitled to the exact same labor rights as every one else. No exceptions.

White Buffalo said...

November 19, 2015 at 12:43 PM

Does that include a smoke free working environment, the right to unionize, and protection from tribal members who might take advantage of employees. Just saying or should I ask Leroy M. Robert S.? These are just a few of the inconsistencies with the law. We have seen how cases against tribes have gone when the tribal council invokes tribal sovereignty.

H. Caufield said...

This just gives those tribes that abuse "sovereignty" all the more freedom to continue their villainous practices without recourse, transparency and accountability.

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