Indian tribes fight for labor law exemption

California the exception
Tribes around the country generally don’t operate under state or federal labor regulations. California is unique because state-approved compacts authorizing tribal casinos include a Tribal Labor Relations Ordinance that’s far more extensive than rules in other states.

But even California’s rules are considered weak by union activists because they don’t permit picketing on tribal land and allow strikes only after a bargaining impasse. Most private sector employees can strike at will.

“Workers are left without weapons to be able to force an employer who wants to fight unionization,” said Jack Gribbon, political director for Unite Here in California.

Even though San Manuel already has allowed unionization of many workers, a win by the National Labor Relations Board would undercut the tribe’s authority to deal with the union on the tribe’s own terms.

The tribe’s initial contract with the Communications Workers of America included a no-strike clause and language emphasizing tribal sovereignty and the tribe’s right to determine just cause in firing workers.

Labor rules at California tribal casinos have recently become an issue in the state Legislature, with unions prodding lawmakers to demand stiffer labor protections in new gambling agreements.

Some tribes have passed their own labor rules. At Connecticut’s two huge casinos, the Mohegan Sun and Foxwoods, which together employ well over 20,000 people, workers are prohibited from striking, according to Connecticut Assistant Attorney General Richard Sponzo.

Tribes contend that their workers are treated well, and that tribes are capable of dealing with labor issues themselves. A half-dozen San Manuel employees recently interviewed at the casino praised working conditions.

“They have really good benefits. It’s a good place to work,” said union member Joshua Velasco, 22, a poker room server who’s worked at the casino for more than three years.

Some workers call for safeguards
Workers at some casinos without unions complain about conditions and say more protection is needed.

“There are no laws, absolutely no laws, to protect me and my co-workers because we’re on tribal land,” said Denise De Groff, a 51-year-old maintenance engineer at the Agua Caliente casino in Palm Springs.

Tribes fear more than labor rules are at stake in the San Manuel case. In addition to fighting the National Labor Relations Board in court, they’re backing legislation in Congress to overturn the board’s ruling.

Tribes reason that a court decision in favor of the labor board could lead to limits on tribal sovereignty in other areas of federal law.

“Any time they take something away,” said Duro, the tribal vice chairman, “we never get it back.”

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