A lack of employment and labor relations laws on Indian reservations has made tribes too vulnerable to exploitation by unions and leaves too many gaps for federal agencies to fill, according to a column written by Kaighn Smith Jr., a partner at the law firm Drummond Woodsum MacMahon, and published in Indian Country Today on Jan. 26.
Smith explores the issue using a hypothetical scenario that involves female tribal workers being victims of sexual harassment. He looks at how, because the tribe has not enacted laws pertaining to sexual harassment and, thus, the victims can not get justice through the tribal court, the door opens wide for union organization.
With the D.C. Circuit Court of Appeals’ decision in San Manuel Indian Bingo & Casino v. NLRB, tribal gaming operations are already open to National Labor Relations Board jurisdiction, as Smith noted.
Smith said tribes have two options: do nothing or enact their own laws.
“The threat of federal authority over labor relations in Indian country is a threat of assimilation,” Smith wrote. “In the case of the NLRB, outside federal agents would impose labor unions upon tribes, upholding the power of such unions to bargain for externally defined 'rights' of employees and to strike against tribes’ economic enterprises – even to thwart tribal employment preferences.”
Click here to read Smith’s column.
rasicm also is with tribal employee's. Cultural differences needed to be addressed.
ReplyDeleteI find in today's Tribal government there is a code of Secracy. Total secracy.The doors are locked. Information is never explained. It seems like they think your to stupid to understand? They have joined the white culture and run the tribal government like white mans. They steal, lie, cheat and most of all forget you are human with rights. They say "I don't have time for you! I can not spend my important time and waste it on you. i have a golf game to get too. Oh, by the way I am going to lease your land even if you do not sign the dotted line. I need that money for travel so I can meet movie stars and rub elbows with all the beautiful white people." Did you know that a female ant would throw up its food to feed another starving ant. That little ant has more humanity in its little body than any tribal government. Yes the tribal government has turn completely white on all reservation and you must live in that box called the rez. You try and have a nice rez day and continue to survive in your rez box, because they will never ever let you out of that box until you are dead and they can steal your land from your children and grandchildren. I find it funny that when you die everyone wants to bring you flowers, but they did want to bring you soup to help keep you alive. I can not use flowers wher I am going? I want my soup. Well box rez indians or redman or redskins you have a nice day anyway. Your tribal leaders sure are. They are counting your land moneyall the way to off shore accounts. your friend joslyn
ReplyDeleteTribal operations already have too much power.
ReplyDeleteThey can elimante your job while on medical leave and you cannot do anything about it.
Instead of finding more ways to segregate and separate employees, why not seek ways to encourage all employees to work towards the best interests of their employer?
ReplyDelete