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Case Law • Tribal law prohibiting union membership as a condition of employment did not violate NLRA. The tribe has sovereign authority to govern its own territory. • NLRB v. Pueblo of San Juan , 276 F.3d 1187 (10 th Cir. 2002) • NLRA applies to casino wholly owned and operated by a tribe on the 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. NLRB , 475 F.3d 1306 (D.C. Cir. Feb 2007), reh’g en banc denied (D.C. Cir., June 8, 2007)
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Does NLRA Apply?
• Answer: It Depends • Ownership
• Tribe – probably not • Tribal Entity – Depends – Structure/organization/purpose • Gaming Enterprises – Yes • NLRA law of general applicability (no Congressional intent that the law doesn’t apply) • No treaty rights • Not a matter of self-governance • NLRB v. Little River Band of Ottawa Indians , No. 14-2239 (6 th Cir., June 5, 2015) • NLRA applies to tribal gaming establishment owned and managed by the tribe and operated on tribal land • Casino Pauma v. NLRB , N0.16-70397 (9 th Cir. 2018)
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