"It is difficult to see how abiding by National Labor Relations Board regulations at Foxwoods Resort Casino would in any significant way impair the Mashantucket Pequot Tribe's sovereignty.

The NLRB has ruled that Foxwoods must allow 3,000 casino dealers to vote on whether to form a union. Unionized workers could negotiate a labor contract and retain the right to strike.

The tribe maintains that its sovereign authority allows it to set its own labor rules. Those rules currently would allow a union vote, but prohibit strikes. But taking the tribe's position, nothing would stop it from later adopting stricter labor rules that would forbid organizing altogether.

This just doesn't seem like the sovereignty fight worth making. As a sovereign nation the Mashantucket Pequots have been able to build a very lucrative casino and entertainment business. The tribe has not had to follow normal land-use regulations that could have slowed development. Tribal members working and living on the reservation pay no state income tax. The tribe would in no way jeopardize such established sovereign rights by allowing a union vote to proceed under NLRB jurisdiction.

The tribe should opt to voluntarily proceed, without conceding the sovereignty issue. The alternative is a legal fight that could very well lead to the U.S. Supreme Court and test the bounds of sovereignty. The risk for the tribe in taking that path is that an adverse ruling could cause an erosion of sovereignty that goes beyond the labor issues."

Get the Story:
Editorial: A Sovereign Balancing Act (The New London Day 10/28)
pwday

Another Opinion:
Sovereignty's limits (The Republican-American 10/27)