FMD 2018 Level II Training Book

3/17/18

Understanding when Federal Employments Laws May Apply

National Labor Relations Act, 29 U.S.C. §§ 141-187 (2000) (cont.) Trend has been to apply NLRA to Indian tribes , regardless of the governmental exception for other federal, state and local governments: ¨ NLRA applies to casino wholly owned and operated by tribe on tribal reservation because the operation of a casino is not an exercise of self- governance or a governmental function. San Manuel Indian Bingo and Casino v. NL RB, 475 F.3d 1306 (D.C.Cir. Feb. 2007), reh’g en banc denied (D.C. Cir. June 8, 2007) ¨ NLRA precludes Indian tribe that operated a casino under IGRA from enacting tribal law giving tribe authority over collective bargaining, including prohibition over certain topics and banned strike activity. NLRA v. Little River Band of Ottawa Indians , No. 14-2239, (6th Cir. June 9, 2015)

Understanding when Federal Employments Laws May Apply

National Labor Relations Act, 29 U.S.C. §§ 141-187 (2000) (cont.) Casino Pauma Case Still Pending in Ninth Circuit: ¨ NLRB found conduct provisions in employee handbook to violate NLRA. ¤ NLRA is a specialized statute with many exceptions - does not require application of Coeur D’ Alene (traditional governmental functions) ¤ Stay the matter until District Court can determine whether NLRB waived it’s right to file claims by agreeing to arbitration when it previously determined it did not have jurisdiction

¨ Pending – 9 th Circuit (Case 16-70397) ¤ Oral argument 11/9/2017 ¤ No Opinion Yet

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