There is a new federal law that facilitates the process of employees coming together in hopes to form a union. An influential Indian gaming lobby group is trying to stop tribal casinos from taking advantage of this new law. The National Indian Gaming Association is lobbying US senators to amend the proposal that would allow Indian tribes to be treated and seen as their own government. They would have the authority to make their own decisions, laws, and mandates when it comes to their casinos. If this proposal passes then the casinos on tribal land would not have to abide by any federal or state labor laws.
Currently, a union can be formed by employees gathering signatures on cards and seek vote to unionize once 30 percent of the employees have signed. The employer then conducts an anonymous ballot election and all employees that would be included in the formation of the union can vote. This makes it for labor activities to organize a union in the workplace. The proposed EFCA changes the procedure to require a National Labor Relations Board to certify the union without requiring the employer to hold an election once the employees sign cards. Commercial casinos have tried to prevent this law from coming to fruition and now the tribal casinos are joining in the campaign against this proposal.
Currently, the United Auto Workers Union has penetrated the Foxwoods Casino in Connecticut, an Indian gaming casino. NIGA says that this labor law violates tribal rights to self govern themselves.
Native Americans have long championed unions and supported them, but this labor law may start to tear down tribal sovereignty of tribal governments. The Employee Free Choice Act would put each tribe in charge of creating their own labor laws in regards to their casino. This would happen by the creation and implementation of contracts and agreements with both the state and local government.
It is expected that the NIGA may have problems winning over Democrats in Congress in the Obama Administration on labor issues. The unions have vowed to fight this.
The NIGA sent a letter to President Obama that demanded the dismissal of Phil Hogen, chairperson of the National Indian Gaming Commission. Mr. Hogan was appointed during the Bush Administration and conducted an attempt to start collecting tax money from Class II gaming machines. Class II machines are exempt from sharing profits with the state. This angered tribal casino executives all across the country.
The National Indian Gaming Association is comprised of over 150 different Indian tribes and organizations. The organizations goal is to help these Indian people to achieve a higher quality of life. The National Indian Gaming Association works with the Federal government and Congress in creating policies and practices to provide advocacy on gaming issues. Recently, the organization has put forth major effort to pass laws that would make these tribes the governing body of their own land. In other words, they would work with the state government but ultimately have the highest authority when it comes to their land and casinos. It also pledges to maintain and protect Indian sovereign governmental authority in Indian Country.
The NIGA has proven to be beneficial for both the gaming industry and the government’s interest in the gaming industry.
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