UAW Agrees To Bargain Under Tribal Law

In an interesting development in the Foxwoods Resort Casino case, the UAW has agreed to begin collective bargaining under tribal law, although neither party has waived their right to appeal to federal labor law. The casino is located on the Mashantucket Pequot reservation, and last November the employees elected to allow the UAW to represent them. However, the tribe challenged the election on the grounds that the National Labor Relations Act does not apply to a casino on tribal land. The NLRB ruled against the tribe, and both sides finally came to an agreement to stay further legal actions and bargain under tribal sovereignty, including submitting to arbitration under the tribal system after five months of bargaining.

"The concepts of tribal sovereignty and self-government are very important to all Native American tribes," said Jackson King, general counsel of the Mashantucket Pequot Tribal Nation. "We are very pleased to have come to an understanding that both acknowledges employees’ rights to join unions and respects the rights of Native American governments."