Michigan Morning Sun
Tribe denies federal labor jurisdiction

Friday, September 18, 2009 6:17 AM EDT

By PATRICIA ECKER

Sun Staff Writer

The Saginaw Chippewa Indian Tribe stands firm on the position that their "casino workforce" does not fall under the National Labor Relations Act with regard to labor relation issues because they are a sovereign nation.

Last week, two Soaring Eagle Casino & Resort employees announced that they have asked the United Auto Workers labor union to help them organize locally in order to provide them with "a voice" to bargain for a labor contract.

Peter Gallinat and Dawaine Penny have signed cards of intent to form with the UAW, and when enough cards are signed, a request to petition for a representation vote will be filed with the National Labor Relations Board.

Before a union can request a representation election, it must collect signed cards from at least 30 percent of the members of a proposed bargaining unit. Most unions attempting to organize workers try to gather far more than before requesting an election.

"Indian tribes are not covered by the National Labor Relations Act," Tribal Attorney Sean Reed, said.

The NLRB is a federal agency that administers the National Labor Relations Act that governs relationships between unions and employers in the private sector.

"The NLRB takes the position that they have jurisdiction over these various Indian tribes with their commercial ventures," Stephen Glasser, regional director for the NLRB in Detroit, said. "The Tribes disagree pursuant to the treaties that go back many years.

"They are a nation within a nation. And they say we cannot assert jurisdiction."

In a press release from the Tribe on Thursday with regards to the employees unionizing, it was stated that an "open door policy" has been in place for their associates to communicate with casino management and the Tribe about their concerns.

"We encourage our staff to have open dialogue on these and many other issues," Andy Asselin, chief operating officer for the casino and resort, said. "The casino management is doing nothing to discourage, threaten or criticize any union organization effort.

"We are in fact encouraging the staff to look into what the unions have to offer and seriously compare what they have to offer against what the casino associates already enjoy," he said.

Contrary to what Asselin said, Penney told the Morning Sun that the casino required employees to view anti-union videos at a forum meeting where management offered opportunities for comments and questions.

Elizabeth Bunn, secretary / treasurer of the International UAW union, said that Asselin's statement "is not the perception of the (Soaring Eagle employees.)"

In 2007, the Teamsters union lost a representation vote among housekeepers with a vote of about 2 to 1 against joining.

"There have been a number of NLRB decisions, and one court case that said they do have jurisdiction over Indian tribes," Bunn, said. "Otherwise, (the Teamsters representation vote among housekeepers) wouldn't have been able to hold the election."

The Tribe said that they "voluntarily cooperated" with the NLRB and had no right to force an election.

"The Tribe continues to disagree with the position of the National Labor Relations Board that Tribal casinos fall within the jurisdiction of the NLRB," the press release said.

In 2008, the International Union Security Police & Fire Professionals of America attempted to organize the casino's extensive security and surveillance staff. It had petitioned the National Labor Relations Board for a representation election, but two days before the scheduled vote, the union called it off.

The UAW "reached out" to create "constructive dialogue" with the Tribe, but they received no response, Bunn said.

"Even if that didn't culminate, we wanted to see how we can each remain respectful during the process," Bunn said. "We got no response, and that was disappointing."

Bunn said that the UAW is "extremely respectful of the issue of Tribal sovereignty and understand the importance for the Tribe."

And they are hoping for an opportunity to work with the Saginaw Chippewa Indian Tribe, as they did with the Mashantucket Pequot Tribe of Connecticut who own and operate Foxwoods Resort and Casino.

Since November, the Foxwoods employees voted to join the UAW, the UAW and Tribe "sat down and looked for a better way"

"The Mashantuckets amended their Tribal law to include labor relations," Bunn said. "Which provided a vehicle for collective voices at work."

Although there is still no contract between Foxwoods and their employees, "they are making progress," Bunn said.

"We wish we could have the same kind of conversations with the Saginaw Chippewas," Bunn said.

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