A Look At 6th Circ. Application Of NLRA To Tribal Casino

Law360, New York (July 9, 2015, 10:20 AM EDT) -- Weighing in on a hotly contested issue, a panel of the Sixth Circuit has found that federal labor law applies to Indian tribes' casinos, notwithstanding the tribes' inherent sovereignty. However, the panel only did so because it was bound by an earlier decision from a panel of the same court — showing how closely divided the courts are on this subject. The ruling sets up an opportunity for en banc review at the Sixth Circuit on the specific issue of the applicability of federal labor law to tribal employees, or a petition for certiorari to the U.S. Supreme Court to clarify differing circuit approaches to the general applicability of federal statutes to Indian tribes. The case is Soaring Eagle Casino and Resort v. National Labor Relations Board, Nos. 14-2405/2558 (6th Cir. Jul. 1, 2015)(Opinion on Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board)....

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