In a ruling that is certainly going to upset Tribal officials, the Federal Appeals Court has ruled that Tribe's are not entitled to special treatment when it comes to labor laws. Judge Janice Brown wrote that, "tribal sovereignty is not absolute autonomy, permitting a tribe to operate in a commercial capacity without legal constraint."
This ruling was given in the case between the Hotel Employees & Restaurant Employees International Union (HERE) and the San Manuel Band of Mission Indians. HERE was being denied access to organizing the employees of the casino operated by the Tribe, which they did not deny. The Tribe simply maintained that they were not subject to National Labor Relations Board laws concerning the rules of unionization.
The NLRB became involved after HERE filed a complaint with them to force the Tribe into compliance. The Tribe also claimed immunity from the legal jurisdiction of the NLRB, which they contested.
In ruling that the NLRB has jurisdiction over working conditions at Indian casinos, Brown stated "Operation of a casino is not a traditional attribute of self-government. Rather, the casino at issue here is virtually identical to scores of purely commercial casinos across the country. ... The vast majority of the Casino's employees and customers are not members of the tribe and they live off the reservation. For these reasons, the Tribe is not simply engaged in internal governance of its territory and members, and its sovereignty over such matters is not called into question."
This ruling may lead to others that will eventually allow Casino workers to sue when they are discriminated against or harassed, which is also a violation of federal and civil labor laws.
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