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Court Reasoning Court agreed there were sovereignty issues and examined precedent to affirm jurisdiction. ◦ Tribes may regulate non-members if necessary to protect tribal self government or control internal relations. ( Montana v. US ) ◦ Federal statutes of general jurisdiction apply, unless (1) law touches on rights of self governance in intramural matters; (2) application would abrogate treaty rights; or (3) legislative history suggests Congress did not intend law to apply. ( Donovan v. Coeur d’Alene Tribe ) Court found the the NLRA is a law of general applicability, that no treaty rights were involved, the issue was not one of internal self governance and affirmed NLRB jurisdiction.
Current Status – NLRA Applies Petition for writ of certiorari denied by the Supreme Court without reasoning June 27, 2016 at same time it denied rehearing in case involving Soaring Eagle Casinoowned by the Saginaw Chippewa Year end bonuses for labor members reduced without notice violated NLRA. ◦ Viejas Band of Kumeyaay and United Food and Commercial Workers International , 21-CA-166290, NLRB, October 11, 2016.
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