Mr. Speaker, the land of opportunity is right here. It is called the United States of America. But, unfortunately, there is not always a level playing field when it comes to that land of opportunity. This year is the 83rd anniversary of…
Mr. Speaker, the land of opportunity is right here. It is called the United States of America. But, unfortunately, there is not always a level playing field when it comes to that land of opportunity. This year is the 83rd anniversary of the National Labor Relations Act, the act that gave workers a voice, a voice in the workplace. It gave them the ability to bargain--along with their employers--a living wage, pensions, the ability to retire with dignity.
But today, we are really debating how to hurt workers--that somehow you get treated outside of the reservations in a humane way, where casinos are operating in a very profitable way, but you cross that line, and you are being treated differently. You are being treated less than and doing it all under the guise of Native American sovereignty.
The vast majority of casinos on their properties are treated with respect by employees. But they were able to get to some folks to introduce this piece that somehow let them try to do it differently on that line. When we cross it, you are less than. We can take advantage of you, and we see that happen time after time.
I have been before the NLRB many times, had cases. I won many, but I also lost them. But I always felt as if I was treated fairly. And that is what we should be doing here, treating employees, no matter where you are in this great country, fairly. It has been a decade since we raised the minimum wage. And somehow, we are just looking for no reason to hurt employees.
Mr. Speaker, we want to respect the sovereign nations, but we can't pick and choose the way we treat them. Certainly, everybody who works in this great country deserves an opportunity to be treated fairly.
Mr. Speaker, I include in the Record a letter from the Transport Workers Union of America that talks about being fairly treated.
Transport Workders Union of America, AFL-CIO,
January 10, 2018.
Vote Alert: Vote NO on the Tribal Labor Sovereignty Act (S. 140)
Dear Representative: On behalf of the Transport Workers
Union of America (TWU), AFL-CIO, we write urging you to
oppose the
Tribal Labor Sovereignty Act. This bill (introduced as H.R.
986) has been paired with unrelated bills and packaged as
part of S. 140, which the House is expected to vote on today.
We urge you to oppose the Tribal Labor Sovereignty Act by
voting NO on S. 140.
The Tribal Labor Sovereignty Act would exempt from the
protections of the National Labor Relations Act (NLRA)
workers employed by tribal-owned and -operated commercial
enterprises located on tribal lands. Under this bill, the
NLRA rights and protections would be denied to more than
600,000 tribal casino workers, the vast majority of whom are
not Native American.
This bill would overturn a 2004 decision by the Bush
Administration's National Labor Relations Board (Board), in
which the Board applied the NLRA to a tribal casino (San
Manuel Indian Bingo and Casino, 341 NLRB No. 138 (2004)). In
reaching this decision, the Board applied a test: the NLRA
will not apply if its application would ``touch exclusive
rights of self-governance in purely intramural matters.''
And, the NLRA will not apply if it would ``abrogate Indian
treaty rights.'' The Board also considered other factors,
including that the casino in question was a typical
commercial enterprise that catered to non-Native American
customers and employed non-Native Americans. While the Board
asserted NLRA protections in the San Manuel decision, it
ruled the opposite way, denying its jurisdiction in a
companion case (Yukon Kuskokwim Health Corporation, 341 NLRB
No. 139 (2004)).
We understand the importance of tribal sovereignty and
support the principle in true self-governance matters. But
the fundamental human rights of employees are not the
exclusive concern of tribal enterprises or tribal
governments. While proponents of the bill falsely compare
tribal governments to state governments, they miss a glaring
truth: while state governments are exempt from NLRA
protections, their workers are eligible to vote for those who
set their labor laws. But the vast majority of the 600,000
casino workers who would be impacted by the Tribal Labor
Sovereignty Act are not Native Americans, and therefore have
no voice in the selection of those setting tribal policy nor
the ability to petition the tribal government to protect
their rights.
We object to a sweeping exemption of all tribal enterprises
from the NLRA, and believe the test used by the Board to
determine whether the NLRA is applicable should remain.
Unfortunately, the Tribal Labor Sovereignty Act has been
packaged with unrelated bills in an attempt to pressure
support for this particular bill. While TWU has no position
on the other bills contained in S. 140, we urge you vote NO
in opposition to the Tribal Labor Sovereignty Act.
Mr. Speaker, I ask Members to really look inside yourself. Is this the best way to treat employees? Is this how we help lift up all of those workers? I think not, and I urge Members to reject this attempt to hurt workers and not protect sovereignty.