Tribal Labor Sovereignty Act in limbo as Congress returns to work


The Chickasaw Nation owns and operates the WinStar World Casino and Resort, in Thackerville, Oklahoma. Photo from Facebook

Congress is back in session but a key tribal priority remains in limbo as the November election approaches.

Tribes have seen seeking to exempt their gaming facilities from the National Labor Relations Act for more than a decade. The effort moved a big step forward when the House passed H.R.511, the Tribal Labor Sovereignty Act, last November.

The bill, however, has not seen action in the Senate. And while the Tribal Labor Sovereignty Act has been included in Section 409 of an appropriations measure but H.R.5926 is not expected to clear Congress before the end of the year either, Bloomberg BNA reports.

That means supporters of the Tribal Labor Sovereignty Act could seek to have the bill included as a rider in an "omnibus" appropriations package that could be considered after the November election, Bloomberg BNA reports. With time running short in the 114th Congress, going that route might represent the strongest chance of success for Indian Country.

For 70 years, the National Labor Relations Board largely stayed away from Indian Country. That changed in 2004 when the board said it would assert jurisdiction at tribal casinos on a case-by-case basis.

Tribes counter that they should be treated in a manner similar to states and the federal government. The Tribal Labor Sovereignty Act would essentially ensure parity under the National Labor Relations Act.

The Obama administration opposes H.R.511 and said it could agree to a bill "only if the tribes adopt labor standards and procedures applicable to tribally-owned and operated commercial enterprises reasonably equivalent to those in the National Labor Relations Act."

Read More on the Story:
Congress Limited by Elections, Calendar in Waning Days (Bloomberg BNA 9/2)

From the Indianz.Com Archive:
Tribal labor law rider killed by wide margin in House (June 27, 2005)
NCAI between 'rock and a hard place' on labor rider (September 13, 2004)
Tribal labor amendment fails in House vote (September 13, 2004)
Federal labor board expands jurisdiction over tribes (June 4, 2004)

Join the Conversation

Related Stories
Supreme Court takes a pass on tribal labor sovereignty dispute (07/01)
Supreme Court deals setback to tribes in labor sovereignty dispute (06/27)
Supreme Court deals setback to tribes in labor sovereignty dispute (06/27)
Ben Nighthorse Campbell: Pass the Tribal Labor Sovereignty Act (06/13)
Indian Country presses Supreme Court to hear labor law dispute (05/31)
Indian Country pushes for action on Tribal Labor Sovereignty Act (04/07)
Tribes still shoring up support for Tribal Labor Sovereignty Act (02/23)
Robert Odawi Porter: Labor unions try to confiscate tribal wealth (12/07)
Union slams Democrat for vote on Tribal Labor Sovereignty Act (12/02)
Sault Tribe pushes for passage of Tribal Labor Sovereignty Act (11/24)
John Yellowbird Steele: Restore tribal sovereignty over labor (11/23)
Saginaw Chippewa Tribe weighs high court appeal in NLRB case (11/20)
Lawmakers defy White House on Tribal Labor Sovereignty Act (11/18)
White House slams Tribal Labor Sovereignty Act ahead of vote (11/17)
Tribal Labor Sovereignty Act heads toward passage in House (11/16)
House gears up for consideration of Tribal Labor Sovereignty Act (10/27)
Key Democrat defends support for Tribal Labor Sovereignty Act (10/20)
NCAI pushes for court rehearing in tribal labor sovereignty case (09/01)
Lawmakers advance Tribal Labor Sovereignty Act in House (07/23)
Dennis Whittlesey: Judges disagree on labor law at casinos (07/23)
Lawmakers show support for Tribal Labor Sovereignty Act (07/22)
House committee markup for Tribal Labor Sovereignty Act (07/20)
Law Article: Major impact with federal labor law at tribal casinos (07/08)
Law Article: Saginaw Chippewa Tribe loses decision in NLRB dispute (07/06)
Brian Pierson: Tribal labor sovereignty could land in Supreme Court (07/03)
Pierre Bergeron: Judges split on federal labor law at tribal casinos (07/03)
Court reluctantly backs NLRB in Saginaw Chippewa Tribe dispute (07/01)