Showdown Looms In 6th Circ. Over NLRB's Tribal Authority
Law360, New York (July 2, 2015, 6:33 PM EDT) -- A recent Sixth Circuit opinion enforcing a National Labor Relations Board decision that struck down anti-union rules at a Michigan tribal casino laid bare the discord among the court's judges on the board's authority over tribal businesses and sets the stage for more fireworks, experts say.
A 2-1 split panel on Wednesday begrudgingly backed a 2012 NLRB decision to eliminate those rules from the Soaring Eagle Casino and Resort's employee handbook and force the Saginaw Chippewa Indian Tribe, which owns the casino, to rehire a housekeeper who was terminated for soliciting her fellow employees to join a union.
While the majority said...
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