NLRB Hears Familiar Argument (Tribe Again Asserts Federal Labor Laws Don't Apply To New Union Effort

[Omaha Steve]

http://www.theday.com/re.aspx?re=8f9f8040-8cd4-43ec-b478-a7e11528c0dd

Tribe Again Asserts Federal Labor Laws Don't Apply To New Union Effort
By Heather Allen , Published on 3/21/2008

Hartford — An attorney representing the tribe that owns and operates Foxwoods Resort Casino argued Thursday that federal labor laws should not apply to the Mashantucket Pequot Tribal Nation because of tribal sovereignty.

Keith Harper said that sovereignty is “not some esoteric idea” and that by standing by that, the tribe's intention is not to say no to a union at Foxwoods or deny rights to workers.

But, that's exactly what the tribe is attempting to do, said John T. Fussell, the attorney representing the International Union of Operating Engineers.

“With all due respect to counsel, I do believe this is an ordinary case where an employer is trying to find a way to deny workers their right to collective bargaining,” said Fussell.

The short exchange was part of a hearing held Thursday to determine whether a union election should be held at Foxwoods.

A majority of the nearly 300 workers in the engineering department are in favor of union representation. The IUOE filed a petition to the National Labor Relations Board's regional office in Hartford, stating that point on March 7.

FULL story at link.

[MercutioATC]

1. I'm pro-labor, but I'm also pro-sovereignty of Native American lands.

I have to side with the casinos on the legality of this...not the spirit.

[Omaha Steve]

2. Welcome to the Labor Forum

This casino is the states largest employer. If the casino was being run by tribe members, I would agree. But since they hired (anti-union) management from outside the tribe, I feel the laws should apply.

[MercutioATC]

3. I understand your point, but the casino is on trabal lands.

For me, the issue of tribal land sovereignty is the more important legal issue.

From a pure right-vs-wrong position? Definitely the union has the upper hand.

[Omaha Steve]

4. A pleasant disagreement

GD-P could learn a lot from us. :-)

[MercutioATC]

5. Agreed :)

As a federal employee who has been working without a contract for 19 months, I am definitely pro-labor. This is an interesting situation for me...having to prioritize two values about which I have strong convictions...

...thanks for the discussion :)