Mr. Speaker, I rise to oppose the bill before us that takes away National Labor Relations Act protections for hundreds of thousands of workers. I support Tribal sovereignty. In my home State of Wisconsin, I am proud the Ho-Chunk Nation is…
Mr. Speaker, I rise to oppose the bill before us that takes away National Labor Relations Act protections for hundreds of thousands of workers.
I support Tribal sovereignty. In my home State of Wisconsin, I am proud the Ho-Chunk Nation is in my district. Potawatomi, Oneida, Menominee, St. Croix, Stockbridge-Munsee, Lac du Flambeau, Lac Corte Oreilles, Red Cliff, Bad River, and other Tribes all reside in my home State, and I am glad to support the autonomy of those Tribal nations. But this bill isn't about Tribal sovereignty. It is about going after workers' rights.
Look at the track record of the majority in this Congress. The Republicans have continued to go after workers' rights, as they have so far. They have repealed the rule that required companies seeking large Federal contracts to disclose violations of labor law. They made it harder for people whose jobs are shipped overseas to get unemployment insurance. They have made it harder for workers whose employers don't offer retirement plans to save for retirement. They have repealed an OSHA rule requiring employers to maintain accurate records of serious workplace injuries for 5 years, while the administration drastically reduces the number of OSHA inspectors.
This bill isn't about meaningful sovereignty. It is about selective sovereignty, because it only goes after labor rights.
If this were a bill about sovereignty, it would include a number of other areas that Tribes are compelled to follow in addition to the National Labor Relations Act: the Occupational Safety and Health Act; the Employee Retirement Income Security Act, ERISA; the Family and Medical Leave Act; and the public accommodations of Americans with Disabilities Act, just to start.
If this bill was about sovereignty, it would exempt OSHA and ERISA and the FMLA and the ADA, for starters. But it doesn't do that. This bill only exempts labor protections for hundreds of thousands of workers, Tribal members and nonmembers, because the majority in this Congress isn't really worried about sovereignty. It is concerned
about taking away the rights of workers, and that is what this bill is really about.
Mr. Speaker, if this body wants to help Tribes, I am here to help. Bring a bill to the floor that covers all exempted areas, and that is a bill that I could support. But that is not what is in front of us today.
Mr. Speaker, I include in the Record letters of opposition from the International Union of Operating Engineers, the United Auto Workers, United Food and Commercial Workers, and Unite Here.
International Union of
Operating Engineers,
Washington, DC, January 8, 2018.
Hon. Paul D. Ryan,
Washington, DC.
Hon. Nancy Pelosi,
Washington, DC.
Dear Speaker Ryan and Leader Pelosi: The International
Union of Operating Engineers opposes the Tribal Labor
Sovereignty Act, legislation contained in S. 140 (115-54)
that would eliminate the labor protections currently
guaranteed to hundreds of thousands of American workers.
Indeed, if enacted into law, this bill would constitute the
biggest rollback in labor law since the passage of the Taft-
Hartley Act in 1947.
The International Union of Operating Engineers (IUOE)
represents nearly 400,000 men and women across North America.
Members of the International Union of Operating Engineers
maintain and operate Native American and non-Native American
gaming facilities around the United States, from Connecticut
to California, and this legislation would have a dramatic
effect on their lives and livelihoods. The IUOE is the
second-biggest union in the hospitality sector. But this
legislation extends beyond casinos and gaming. IUOE members
work in mining and energy facilities on Native American lands
in a number of locations, and those workers eventually could
lose their rights as a result of this legislation.
In a few short words, this bill changes current law by
exempting the National Labor Relations Act from tribal
enterprises on tribal lands. Today, the National Labor
Relations Board (Board) implements a case-by-case review of
whether labor law applies to tribal enterprises.
The precedent-setting case that comes from the San Manuel
Band of Mission Indians is instructive. The Tribe operated a
92,000-sq.ft. casino (over two acres), with 1,400 employees.
Only five of the workers were Native American. The Board
determined that this large commercial establishment should
not receive the exemption from labor law provided to states
and local government because its operations were
fundamentally different than a government. The San Manuels
were not providing a public good to members of the tribe.
They were not behaving like a government. Instead, the Board
determined that when the tribal operation in question is
commercial in nature, employs significant numbers of non-
Indians, and caters to a non-Native American clientele, ``the
special attributes of sovereignty are not implicated.'' The
Board determined that private labor law applies to the San
Manuel casino, just as it would with any other commercial
operation. Federal courts have supported this interpretation.
Sovereignty does, however, apply to governmental functions of
the tribe, just as they would with any state government.
If passed, the exemption from labor law would unfairly
advantage commercial tribal operations at the expense of non-
Native American private-sector companies. Competitors with
Native American commercial operations must comply with labor
law; Native American operations will not. As mentioned above,
the bill's reach extends well beyond the gaming industry.
Tribes are engaged in a variety of commercial enterprises,
from mining and energy development, to manufacturing and
construction. Over time, it is reasonable to expect that
tribal enterprises will expand and compete more aggressively
with non-Native companies in a wide variety of commercial
sectors, without any concern for the rights of workers.
Tribal labor law is woefully inadequate--virtually non-
existent in most tribes around the country. It is no
replacement for the nation's basic legal framework that
protects workers' rights. Eliminating the NLRA for tribal
enterprises will strip away freedoms guaranteed to Americans
today, including hundreds of thousands of workers at tribal
casinos who are not Native American. S. 140 (115-54) would
immediately eliminate the rights of thousands of Operating
Engineers in workplaces all over the United States.
The International Union of Operating Engineers opposes S.
140 (115-54), which eliminates nearly one-million workers'
individual right to take collective action to improve their
working conditions, and respectfully urges you to oppose it
when it comes to the floor of the House of Representatives on
Wednesday.
Thank you for your consideration.
Sincerely,
James T. Callahan,
General President.