Nat’l Labor Relations Bd. v. Little River Band of Ottawa Indians

The Band, a federally recognized Indian tribe, has more than 4,000 enrolled members, most living within or near its aboriginal lands in Michigan. Under the Little Bands Act and the Indian Reorganization Act, 25 U.S.C. 476, the Band enacted a constitution that vests its legislative powers in the Tribal Council and grants the Council power to operate gaming under the Indian Gaming Regulatory Act, 25 U.S.C. 2701. The Band entered into a compact with the State of Michigan to conduct gaming activities on Manistee trust lands. The casino has 905 employees: 107 are enrolled Band members, 27 are members of other tribes, and 771 are not members of any Indian tribe. Most casino employees live outside the Band’s trust lands. Apart from the casino, 245 employees work for the Band: 108 are Band members. The Council enacted a Fair Employment Practices Code, which essentially prohibit or drastically restrict most concerted activities, collective bargaining, and organization efforts. Acting under the National Labor Relations Act, 29 U.S.C. 151–169, the National Labor Relations Board issued an order to the Band to cease and desist enforcing provisions that conflict with the NLRA. The Sixth Circuit entered an enforcement order, finding that the NLRA applies to the casino. View "Nat'l Labor Relations Bd. v. Little River Band of Ottawa Indians" on Justia Law