A controversial bill, S226 that sets supporters of Indian tribes against what is usually a natural ally, labor, has been revived. The bill, the Tribal Labor Sovereignty Act (TLSA,) would exempt tribes from the provisions of the National Labor Relations Act, and the jurisdiction of the National Labor Relations Board.
Tribes argue that they should be exempt from those provisions since state governments are. They were until in 2004 the NLRB began asserting its authority to rule on tribal businesses.
Harlan Baker, the chairman of the Chippewa Cree Tribe, spoke in favor of the bill last week: “The TLSA would provide parity for all Indian tribes by ensuring that tribal government employers have the same opportunities as all other governmental employers to regulate labor relations with their government workforces.”
He added, “This legislation builds upon a principle that has been amply demonstrated by tribes across the country – when tribal sovereignty is respected and acknowledged, opportunity and economic success follows.”
Kansas Senator Jerry Moran, who reintroduced the bill two weeks ago, declared, “It is time to correct a decade-old error made by the National Labor Relations Board and once again allow tribal governments, elected by their members, to possess the right to make informed decisions on behalf of those they represent.”
The bill is supported by 160 Indian tribes. Last week the Senate Committee on Indian Affairs approved it and moved it to the floor.
Senator John Hoeven, reelected chairman of that committee, observed, “We’re going to hit the ground running.”
During the last session the same bill was defeated on the Senate floor. Since it is likely to be very unpopular with Democrats, it could die a very quick death in the House. Previous versions were approved twice when it was ruled by the Republicans. The bill is opposed by most labor unions.
The NLRB was created by Congress in 1935 but until 2004 it never asserted its authority over Indian tribes. But as tribal casinos began to flourish, these businesses, which often employ non-tribal members, and are separate from tribal operations, came under increased scrutiny from the NLRB.
So far, the courts have supported the NLRB’s interpretation, which is the reason that TLSA was introduced. Recently a tribe, the Pauma tribe, which owns Casino Pauma in San Diego County challenged an NLRB in a case called Casino Pauma v. National Labor Relations Board, which has petitioned to heard by the U.S. Supreme Court.
