The U.S. Supreme Court recently declined to review petitions from the Little River Band and the Saginaw Chippewa, disputing the National Labor Relations Board’s authority to regulate labor practices at the tribes’ casinos. The ruling leaves previous Sixth Circuit rulings as binding precedent.
In those rulings, the Sixth Circuit stated it is presumed that in general, federal laws apply equally to tribes on their reservation lands. The court stated the National Labor Relations Act gives the NLRB the maximum jurisdictional scope constitutionally permissible under the Commerce Clause, and that enforcement of the Act in Indian country is not restricted by one of the exceptions, including if the law impacts tribal sovereignty rights, if it would abrogate treaty rights or if Congress intends to exclude tribes from the law’s application.
The NLRA bars employers, including on-reservation casinos, from taking any action that restrains employees from exercising their NLRA rights. Specifically, in the Little River Band and Soaring Eagle cases, tribal casinos may not discourage employees from forming unions or engaging in concerted activities to address working conditions. Tribes in the Sixth Circuit’s region–Michigan, Ohio, Kentucky and Tennessee—are required to become familiar with NLRA rules and restrictions in regard to union organizing activities or other collective employee actions.
The Sixth Circuit cases were NLRB v. Little River Band of Ottawa Indians Tribal Government and Soaring Eagle Casino v. NLRB.
