The Senate Committee on Indian Affairs held a business meeting in Washington, D.C, on February 8, 2017. Photo by Indianz.Com (CC BY-NC-SA 4.0)

Legislation

Senate committee passes Tribal Labor Sovereignty Act once again

Wednesday, February 8, 2017

A bill to shield tribes and their casinos from federal labor law is once again advancing on Capitol Hill.

By a voice vote, the Senate Committee on Indian Affairs approved S.63, the Tribal Labor Sovereignty Act, at a business meeting on Wednesday afternoon. The bill treats tribes in a manner similar to states and local governments when it comes to labor unions.

“Indian tribes have a right to sovereignty and that doesn't entail being regulated under the National Labor Relations Board," said Sen. Steve Daines (R-Montana), a co-sponsor of the bill, in reference to the federal agency that implements the National Labor Relations Act, or NLRA.

But while the measure enjoys broad support across Indian Country, it remains controversial among Democrats, who often count unions as their strongest allies. Although no one spoke out against the bill, Sen. Maria Cantwell (D-Washington), Sen. Brian Schatz (D-Hawaii) and Sen. Catherine Cortez Masto (D-Nevada), a new member of the committee, asked to be recorded as "No" for the voice vote.

Indianz.Com SoundCloud: Senate Committee on Indian Affairs Business Meeting February 8, 2017

The committee approved a similar version of the bill during the last session of Congress. Tribes worked hard to convince at least some Democrats to support the measure but it never came up for consideration on the Senate floor.

A companion version passed the House but it faced opposition from then-president Barack Obama, a Democrat.

"Practically every county and city in this country has a golf course. Most states have a lottery. The National Park Service operates hotels. Virginia and other states sell alcohol. Many cities operate convention centers," Rep. Tom Cole (R-Oklahoma), a citizen of the Chickasaw Nation and one of only two members of a federally-recognized tribe in Congress, said at the time of debate in November 2015.

"All of these activities are not regulated under the NLRA. It should be the same with tribes," Cole added.

The Trump International Hotel in Washington, D.C., was resisting labor unions until a settlement was reached in December 2016. Photo by Indianz.Com (CC BY-NC-SA 4.0)

The federal courts, however, haven't accepted that approach. They have agreed that tribes, in certain situations, must welcome labor unions to their gaming facilities unless Congress says otherwise.

The Tribal Labor Sovereignty Act would not bar organized labor on reservations. Instead it would leave union matters up to tribal governments, some of whom have already passed their own laws to address workers' rights.

Although Republican President Donald Trump hasn't said anything about the bill, some of his supporters believe he will be more receptive to it. His business organization, which operates a hotel in Washington, D.C., was resisting labor unions until it reached a settlement after the November election, Reuters reported.

Eddie Tullis, the treasurer and former chairman of the Poarch Band of Creek Indians, said "Native communities should be treated like state governments when it comes to labor" in a statement that announced Trump's Native American Coalition.

Senate Committee on Indian Affairs Notice:
Business Meeting to consider S. 39, S. 63, S. 91, S. 140, S. 245, S. 249, S. 254, S. 269, & S. 302 (February 8, 2016)

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)