Indian Gaming Today

Monday, August 07, 2006

Should Tribal Casinos Be Exempt from the National Labor Relations Act?

Thread: Current Events

Reiterating an unpopular position, U.S. Rep. J.D. Hayworth, R-Ariz., said that tribal casinos, as government-operated businesses, should be exempt from the National Labor Relations Act (see "Congressman: Tribes Should Be Exempted From Labor Act").

But he's right -- in terms of private versus public status, tribal casinos plainly are more akin to state lotteries than to commercial casinos.

A former colleague of ours, Prof. Wenona Singel, has written a thorough and very useful analysis of the NLRB opinion criticized by Hayworth: "Labor Relations and Tribal Self-Governance," North Dakota Law Review vol. 80, pp. 691-730 (2004).

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