week of 4/17/02
 
 
 
  Tribal workers denied right to unionize
By Don Hendershot
A resolution submitted by Principal Chief Leon Jones prohibiting tribal employers from entering into collective bargaining contracts with labor unions, trade unions or labor organizations passed Tribal Council by an 11-1 vote at a meeting earlier this month.

The lone vote against the measure was cast by Brenda Norville, a council representative from the Snowbird community. Norville said she thought the resolution was an infringement on individual rights.

The resolution came on the heels of an attempt by Teamsters Local No. 61 to unionize gaming hosts at Harrah’s Cherokee Casino. Brenda Oocumma, chairman of the Tribal Casino Gaming Enterprise (TCGE) board of advisors, said her board was aware of union activity at Harrah’s.

“Then we received notice from the Board (National Labor Relations Board — NLRB) that the Teamsters had received enough signature cards to call for a hearing,” Oocumma said in an interview.

A hearing was held by the NLRB in Bryson City in early March to hear the case between Teamsters Local No. 61 and Harrah’s N.C. Casino Co. LLC and the Tribal Casino Gaming Enterprise. NLRB Regional Director Willie L. Clark Jr. ruled in favor of the tribe, dismissing the Teamsters petition. In a summary, Clark wrote:

“... I find that the TCGE employs the employees in the stipulated bargaining unit. Based on the TCGE’s tribal entity status, it is not an ‘employer’ within the meaning of Section 2 of the Act [National Labor Relations Act.] I note that the Petitioner at no time sought to represent the employees in issue with Harrah’s as the sole employer. Moreover, to the extent that parties argue a joint employer relationship exists, it is clear from the record that the TCGE exercises complete control over the terms and conditions of the employees in the bargaining unit sought herein and thus, a joint employer relationship does not exist. Accordingly, I hereby dismiss the petition.”

Clark appears to be following precedent set by earlier NLRB rulings. In a landmark case in 1976 between Fort Apache Timber Company and the White Mountain Apache Tribe, the NLRB ruled that the tribe was a government and therefore exempt from the National Labor Relations Act. The NLRB has consistently ruled that the Act’s exemption for government entities applies to tribal governments.

Tribal Council Chairman Bob Blankenship said the Teamster’s claim was that Harrah’s was separate from the tribe. However, TCGE is a tribal entity that is responsible for casino employees, he said.

Blankenship said many casino employees have previously worked for unions.

“From what I heard from employees, if the Teamsters had been able to call for a vote it wouldn’t have passed,” Blank-enship said.

The new ordinance also bans strikes by tribal employees. Blankenship said that is nothing new for governments.

“Federal employees can have unions but they can’t strike,” he said.

He said that tribal personnel policy allows all employees to seek redress for grievances.

“This ordinance just says they can’t strike and that there is no organizing on the job,” said Blankenship.

“I challenge you to take another look at this ordinance,” said Francine Watty, Cherokee Indian Hospital employee and a union member.

Watty said unions provided advantages for management and employees. She said it gets employees more involved and that it would keep council out of personnel issues.

“If you compact the hospital, there are already unions there. At least talk to the union. The union at the hospital has been a good thing,” Watty said.

Other council members were afraid unions would infringe on tribal sovereignty. When asked by Tommie Saunooke, council member from Painttown, if union contracts would weaken tribal sovereignty, Michael McConnell, tribal associate counsel answered, “Yes.”

“I don’t agree with unions, but this legislation denies strikes. We need a way to hear employees,” said Big Cove representative Teresa McCoy, who grudgingly voted in favor of the ordinance.

The ordinance levies a fine of not more than $1,000 or imprisonment of not more than 150 days or both for those convicted of illegal union activity.