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News from Indian Country Page 9 SpilyayTymoo February 15, 2006 Appeals court rules tribes subject to federal labor law W A S H IN G T O N (A P )— In d ia n trib es are su b ject to federal labor law, an appeals c o u rt ruled Friday in a case that could lead to stricter la b o r p ro te c tio n s — and m o re unions— at the nation’s bo o m ing Indian casinos. A three-judge panel o f the U.S. C ourt o f Appeals for the D istric t o f C olum bia C ircuit re je c te d a rg u m e n ts fro m a w ealthy S o u th e rn C alifornia tribe that as a sovereign govern m ent, it should not be subject to those laws. “T ribal sovereignty is n o t absolute autonomy, perm itting a tribe to operate in a com m er cial capacity w ithout legal con straint,” said the opinion w rit te n by Ju d g e Jan ice R ogers Brown. The ruling stemmed from an organizing dispute at a casino run by the San Manuel Band o f Mission Indians, 60 miles east o f Los Angeles, where a union filed a complaint with the N a tional L abor Relations Board arguing that another union was getting preferential access. San M anuel co n tested the complaint by asserting the labor board didn’t have jurisdiction because federal law recognizes Indian tribes as sovereign gov ernments. T he labor b o ard disagreed in a 2004 opinion that, for the first time, said tribes are cov ered by th e N a tio n a l L ab o r Relations A ct th a t bars unfair labor practices and gives w ork ers the right to organize and bargain w ith employers. C onnecticut sided w ith the N LRB and intervened in the case. T he ruling has b ro ad im plications for b o th C onnecti cut Ind ian casinos, A tto rn ey G eneral R ichard B lum enthal said Friday. “This historic victory opens a new era for working m en and wom en at tribal casinos in C on necticut and across the country,” Blumenthal said. “While we re spect the principles o f tribal sovereignty, this ruling guaran tees basic rights deserve respect, no m atter w ho the employee.” O fficials from C o n n ecticu t’s two gaming tribes said they were just beginning to digest the 23- page ruling. The M ashantucket Pequots have long advocated that Indian nations, as governments, should be treated the same as state and local governments in matters o f law and policy, A rthur Henick, a tribal spokesm an, told T he Day o f N ew London. “Equity w ould dictate that the sam e ex em p tio n s u n d e r national labor law th at are en joyed by state and local gov ernm ents should be applied to tribal nations as well,” he said. “ It is up to the tribal nation in this ruling to decide if it wants to seek further legal challenges u n d er the law.” M o h eg an C h ie f o f S ta ff C harles B u n n ell said Friday night that he had not yet read Washington gambling panel approves Spokane tribal compact OLYMPIA, Wash. (AP)— The state Gambling Commis sion has endorsed a casino com pact w ith the Spokane Indian tribe— a deal that will clear the way for expansion o f trib al g a m b lin g across W ashington if it wins final approval. Gov. Chris Grégoire and the federal governm ent are expected to O K the pact, which will allow the Spokanes to operate up to five casinos, with up to 4,700 video gam bling m achines and higher w ag ers allo w ed at so m e tables. In the name o f equity, the ■ state will allow similar expan sion for other tribes, commis sio n m e m b e rs an d th e governor’s office said after the 6-3 vote on the Spokane compact. “W ithin a m onth, we will m ove to am en d the o th e r trib e s ’ c o m p acts, p ro v id in g largely the same features as the Spokane agreement,” said Tom Fitzsim m ons, the g o v e rn o r’s chief o f staff and an expert on tribal relations. Statew ide, th e n u m b er o f gambling machines at tribal ca sinos could rise from 18,225 to about 25,000, including the Spo kane machines and m odest in creases at the other locations, he said. M ost tribes will be held to their current two-casino maxi mum, he said. T he deal will be ready for th e c o m m is s io n ’s M arch 9 m eeting, he said. R atification o f the Spokane p a ct by the U.S. I n t e r i o r D e p a r t m e n t could take a year, he said. T h e sta te w id e a p p ro a c h “harmonizes” the compacts and sets fairly uniform treatm ent o f tribal gambling, including the num ber o f machines and casi- n o s an d th e b e t lim its, Fitzsimmons said. Critics com plained about expansion o f gambling, ad d ic tio n to g a m b lin g and o th er social problem s, and the lack o f revenue-sharing w ith the state. T he Spokanes are the last tribe in W ashington operat ing w ithout a com pact with the state. Twenty tribes operate 25 casinos, generating $1.2 bil lion a year in revenue. The tribe operates two ca sinos, one at Chewelah and the other at the confluence o f the Colum bia and Spo kane rivers. T he tribe wants to build a $67 million casino- hotel near Spokane. Several G O P lawmakers urged Grégoire to reject the com pact, but she indicated she’ll sign it. the ruling, and said it may raise concerns if it threatens to erode tribal sovereignty. “For us; is it something we’re totally alarmed by? No,” he told The Day. “We have been diligent in taking care o f our employees and making sure they come first.” At stake are protections and b a rg a in in g rig h ts fo r so m e 250,000 workers, m ost o f them non-Indians, at the nation’s 400- plus tribal casinos. The ruling comes as tribal gam bling has exploded into a $22 billion-a- year industry— richer than Las Vegas— with Indian casinos in 28 states. A few tribal casinos in Cali fornia are unionized, including San M anuel, b u t m o st workers at In d ia n c asin o s are n o n union. U nions have been try ing hard to make inroads w ith the grow ing work force but say th ey ’ve had tro u b le w ith o u t the pro tectio n o f the N ational L abor Relations Act. E v en th o u g h San M anuel employees already have joined C om m unications W orkers o f America, the ruling could under cut the tribe’s ability to deal with the union on the trib e’s own terms, which critics say favor the tribe. The tribe contends it treats its workers well, and employees at the San Manuel casino have praised conditions there. “We are disappointed by the ruling today,” said Henry D uro, chairm an o f the San M anuel tribe, which was backed in the case by th e N atio n al In d ian Gaming Association and lead ing tribes. “We believe that these gam ing projects help tribes to ful fill e s s e n tia l g o v e rn m e n ta l functions by providing educa tion, health care, housing, se nior care and o th er key p ro gram s,” D u ro said. “T hose are b asic g o v e rn m e n ta l o b lig a tions that could be im pacted by th is d e c is io n .” A trib a l s p o k e s m a n sa id th e tr ib e h ad n ’t decided w h eth er to ap peal. Jack G ribbon, political direc tor for Unite Here in California, said the ruling came down on the side o f “workers who are the engine behind the extremely lu crative tribal gaming industry.” If the ruling stands and tribes don’t come to the table, “it cre ates the opportunity for a ma jor clash, for disputes and un rest and picketing and striking,” G ribbon said. The appeals court said San Manuel read too much into the fact that the 1988 Indian G am ing R eg u lato ry A ct p e rm its tribes and states to regulate In dian casinos. “It is a consider able leap from that bare fact to the conclusion that Congress in ten d ed federal agencies to have no role in regulating em ployment issues that arise in the context o f tribal gaming,” said the 23-page order. Also on the appeals panel were Judges Stephen F. Williams and Merrick B. Garland. Cherokees approve $2.5 million in disaster relief TAHLEQUAH, O k la. (A P)— C h ero k ee c o u n cilo rs have approved $2.5 million in aid for tribal citizens affected by January ice storms. T h e funds w ere approved unanimously in a special session Friday and come in addition to $200,000 appropriated for ice disaster relief last m onth. Fami lies throughout the tribe’s 14- county jurisdiction will be able to receive up to $500 in disaster aid. The area was declared a di saster by tribal, state and federal entities. Across the state, at least 32 deaths were attributed to the icy w e a th e r an d m o re th a n 100,000 custom ers statew ide were w ithout power at one time. In a letter to the tribal coun cil, Principal Chief Chad Smith said m ore than 5,000 families had applied for aid. “This was only with fliers and w o rd -o f-m o u th n o tifica tio n ” about the availability o f tribal aid, Smith said in the letter. H e wrote, “We cannot help everyone w ho has a need, but w hat we can com m it to do is to assist those households m ost in need first.” Applicants can receive finan cial aid to pay heating bills, to b uy g e n e ra to rs and rep lace spoiled food, and to cover other expenses incurred because o f the storm , officials said. Smith said assistance will be based largely on income. T he tribal council’s regular m eeting rem ains scheduled for Monday. MARCH Commemorating 50 Years Since the Loss of Celilo Falls Celilo Village, Oregon Tree from Western Wash, treaty site ruined in storm NTSQTI ALLY, Wash. (AP) - T he last tree from the grove at the site where the first Indian treaty was signed in W estern W ashington is the latest identi fied casualty o f storm y weather in recent months. U ntil early D ecem b er the dead Douglas fir snag was vis ible fro m In te rs ta te 5 n e a r Nisqually along Medicine Creek, also known as McAllister Creek, near this hamlet between Olym pia and Tacoma. Today the tree lies in pieces, the top bobbing in a side chan nel o f the creek at high tide, a n o th e r ch u n k lying o n the shore and the once-regal trunk red u ced to a jagged 20 -fo o t stump. FENDERS by ENDRES Fast, Courteous 24-Hour Service. Accident Recovery. Roll Back, for damage-free Towing. Statewide coverage, Insurance approved. 475-6491 office, or480-9685 cell Tribal members are encouraged to / attend this historic^ event hosted by the people of j Celilo Village jj Saturday, March 10 Sunday, March 11 Honoring ceremony Traditional salmon dinner Celilo Falls history exhibit Informational exhibits Canoe ceremony Powwow Stickgarnes Tepee encampment Washat service Traditional salmon dinner Celilo Falls history exhibit Informational exhibits event begins 10am both days and is open to the public for more information, visit online www.celilowyam.org or call for a toll-free recorded message illustration by Paul Lanquist 1 (888)289-1855 ¿i*
