NIGA criticizes ruling on tribes and federal labor law

Tuesday, February 13, 2007  

The National Indian Gaming Association is denouncing an appeals court ruling that subjects tribes to federal labor law.

NIGA Chairman Ernie Stevens Jr. said the decision by the D.C. Circuit Court of Appeals creates a double standard. In legal briefs, NIGA argued that tribal governments, just like state and municipal governments, are exempt from labor law.

"The National Labor Relations Act exempts all forms of government from its scope," Stevens said. "The United States Constitution acknowledges that Indian tribes are governments. So, it's clear that the act shouldn't apply to tribes. The court simply got it wrong."

The court upheld the National Labor Relation Board's decision to set aside 30 years of precedent and subject tribes and their business enterprises, such as casinos, to the law. The board said it will look at the nature of the enterprise and whether it employs or impacts non-Indians.