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UNITED STATES: National Labor Relations Board Asserts Jurisdiction over Tribes

The National Labor Relation Board (NLRB) has asserted jurisdiction over tribally owned commercial enterprises on reservations. The decision results from a labor dispute involving the San Manuel Indian Bingo and Casino and breaks with a 30-year precedent in NLRB and tribal relations. While labor unions have been pushing to get into tribal casinos for years, this decision came suddenly and unexpectedly. It may open the doors for labor unions to organize casino workers, and gives the NLRB regulatory power of labor disputes over tribal governments.

Garnett News reported that Deron Marquez, chairman of the San Manuel Band of Serrano Mission Indians, said that the case had been sitting for years and he had not been aware it was being handled. Indian Country Today reported that Mark Van Norman, director of the National Indian Gaming Association, has raised concerns about the implications of the decision for tribal sovereignty, as the NLRB has declared its jurisdiction without going through Congress.

The NLRB’s decision results from a 3-1 vote. The one dissenting member asserts that the ruling is an infringement on tribal sovereignty.