Indian tribes seek labor law exemption

[deadparrot]

WASHINGTON - A casino-rich Southern California Indian tribe tried to convince a federal appeals court Monday that tribes are sovereign governments and therefore should be exempt from federal labor laws.

The National Labor Relations Board countered that tribal gambling, which has exploded into a $22 billion-a-year industry, is increasingly operating like any other business and should be treated as such.

Members of a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia Circuit had tough questions for both sides. At stake are protections and bargaining rights for some 250,000 workers at the nation's 400-plus tribal casinos.

Jerome Levine, attorney for the San Manuel Band of Mission Indians, said the labor board overstepped its authority and overturned precedent and policy with its 2004 ruling asserting jurisdiction over tribal businesses.

http://news.yahoo.com/s/ap/20061106/ap_on_go_ot/indian_gambling

[Xithras]

1. Tribal land is sovereign.

"Foreign" governments, including the state and federal governments, should only have jurisdiction if the tribe signs a treaty granting that right. Even if they do grant it, like all sovereign governments they have the right to revoke the treaty if it no longer suits them.

As much as I'd hate to see them exploiting workers, the rights for tribal self determination should trump the rights of state or local governments to interfere in reservation activities. If WE, as Americans, don't want the tribes to exploit people, we need to apply economic pressure to force the passage of tribal laws guranteeing protections. If people stop showing up at their casinos, they'll have a change of heart quickly enough.

[atreides1]

2. And in the meantime

What happens to those workers who are exploited? How many years will it take until the passage of tribal laws guarantee protections? If it ever happens

The reality is that the government will work out an under the table deal, and those workers will continue to be exploited, because the protections will be as reliable as the Bush administration is now!!!!!

[Xithras]

4. I don't really care.

In my book, the American government has about as much right to enforce its laws on reservations as it does to enforce them in Canada. It's a purely jurisdictional issue.

My wife is half Native American, so this is an issue close to our hearts. No branch of the US government should have any input into internal tribal affairs. They're sovereign governments, pure and simple. If the laws are exploitative, their own people need to get their laws changed. That's how democracies work.

Our laws are superior, but it is not our place to force them on anyone. We have no more right to impose our standards and culture on reservations than we do to impose them in Iraq. Indian tribes should have the sovereign independence they deserve.

[Sen. Walter Sobchak]

3. walmart

There is a Walmart in Phoenix on an Indian reservation. Should Wal-Mart cite tribal soverignty and lower wages to 17 cents an hour and a yard of cloth?

I'm sorry, but if the Indians plan on opperating big business on their land, the rules should apply to them too.

[scarletwoman]

5. Your example is absurd. Walmart isn't OWNED by the tribe.

Just because it's on a reservation does not make it tribally-controlled.

sw

[scarletwoman]

6. I agree with the tribal lawyers, and I work for an Indian-owned casino in MN.

As a non-Indian, I unequivocally support tribal sovereignty. It's an extremely important principle that needs to be upheld in as many ways as possible.

I have no complaints about my treatment as a worker, the tribe that owns the casino where I work treats its workforce very well; with by far the best wages and benefits of any other business in this area.

If the California casino workers have grievances, the proper entity to appeal to is the tribal government.

sw

[Vidar]

8. I agree.

[recoveringrepublican]

9. Do you work at Mystic? My dad works there. nt

[sandnsea]

7. I disagree

If another country owned a business in the US, they'd have to abide by our laws. This is the same thing. I don't know how we're supposed to enforce international treaties with labor requirements when we can't even do it in our own country. As long as tribal members vote in federal elections, they are IN our country.