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,
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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*