House Proposes Amendment to Overturn NLRB Decision

On June 24 (last Friday) Senator JD Hayworth of Arizona (R) introduced an amendment to overturn a NLRB decision from last year to extend its jurisdiction over tribes who own casinoes but also employ non-tribal workers. Mr. Hayworth asserted

"Where tribal law has governed relations between tribes and their employees, the NLRB seeks to replace that law with its authority in this area. This decision is a frontal assault on tribal sovereign rights.

The National Labor Relations Act expressly exempts States, cities, and local governments from its coverage; and the NLRB has ruled that territorial governments, such as Puerto Rico and Guam, are also exempt from NLRB jurisdiction. But the NLRB incorrectly decided that it should exercise its jurisdiction over tribal governments on their own lands. If this unfair decision stands, the only governments that will be subject to NLRB jurisdiction will be tribal governments. "

(from the Congressional Record)

Opponents, such as Rep. Shelley Berkley from Nevada, countered with this reason:

"Last year the National Labor Relations Board correctly ruled that it had jurisdiction over on-reservation commercial tribal enterprises such as casinos.

Make no mistake about it, Indian gaming is a big business. And the people working in Indian gaming on the reservations have the right and are entitled to the protections of the NLRB. I encourage the Indian tribes and the tribal workers and the labor unions to work together to protect workers like they have done in Las Vegas. I urge my colleagues to vote against this ridiculous amendment."

(also from the Congressional Record)

After a spirited debate, the amendment failed in both voice and recorded votes. As this was the second year in a row that someone brought up an amendment to over the NLRB's decision, one may see another one in the near future.
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