Noem Leads House in Protecting Tribal Sovereignty on Labor Issues
WASHINGTON, D.C. – Representative Kristi Noem today led the U.S. House of Representatives in passing H.R.511, the Tribal Labor Sovereignty Act of 2015. This bipartisan legislation, which many South Dakota tribes have long supported, would clarify that the National Labor Relations Board (NLRB) does not have jurisdiction over tribally owned and operated businesses.
“Tribes work daily to overcome high rates of poverty and unemployment. They continually encourage economic development through self-determination. The last thing they need when trying to improve economic opportunities for their citizens is a federal bureaucracy meddling with their efforts,” said Noem. “I’m hopeful today’s legislation will correct the record and reaffirm our commitment to tribal sovereignty.”
In 2004, NLRB unilaterally determined that the National Labor Relations Act applied to tribally owned businesses on tribal lands. Tribes have expressed great concerns over the impact of this ruling, as it poses a threat to the foundation of Indian law and the principle of tribal sovereignty. H.R.511 would clarify in law that tribally owned businesses on tribal lands are not subject to the jurisdiction of the National Labor Relations Act. As a result, NLRB would not have administration and enforcement powers on reservation land for tribally owned businesses.
Rep. Noem first introduced the Tribal Labor Sovereignty Act in 2011. She re-introduced the legislation in 2013 and helped move the bill forward in the House as a cosponsor this Congress.
What is her response with Flandreau when the Feds and state interfered with there sovereignty with the pot issue? Why won’t the Feds divide up the land on the Reservations and give each Tribal member equal shares so they aren’t so dependent on the Federal Government. They can then decide for themselves where they want to keep it or sell it. I believe the people do not what the Feds and Tribal Councils teaming up and oppressing the Indian people that have no voice or hope.
I have some grave concerns about pushing this legislation. This isn’t a bill that will enhance the rights of native american tribes, but rather it will undermine the rights of tens of thousands of caucasians and non-indians who work for tribes….particularly at casinos. Employment discrimination is alive and well on the reservations, and removing an outside, impartial quasi-judicial forum through which to bring ADA, ADEA, FLSA, FMLA, and a host of often other abused employee protections is an unfortunate turn of events. According to this law, if you are non-indian and go to work for a tribe, you have no remedy but to foolishly hope that your apeal to the executive council will result in a favorable outcome. Frankly, I have had enough dealings with tribes to realize they frequently eat their own, but what they do to non-indian employees is utterly disturbing.
Allowing the tribes to discriminate against gays and transgendered and questioning folks is a disaster.
Allowing tribes to pay slave wages to employees is immoral–slavery went out years ago!
Tribes should be subject to the same laws as everyone else.
Enshrining slavery & bigotry into tribal law is not worthy of our NA heritage.
The national LIBERAL Relations Board has overstepped its authority like so many agencies in the Obama administration and needs to be reigned in! Good job Kristi!
Dear Anonymous 12:52 a.m.,
Sir or Madam, it really doesn’t make much of a difference what gender you are, but your comment is most unfortunate. This isn’t a matter of liberal or conservative, it is a matter of allowing our little sovereign nations the ability to discriminate against non-Indians, and leaving non-Indians with no legal recourse. There are roughly 1.2 million non-Indians presently working for either on or off-reservation business enterprises owned by tribes in the United States, and this federal legislation will effectively remove any safeguards, save those found in an executive council meeting. So very sad.