Cramer - House Passes H.R. 511 - Tribal Labor Sovereignty Act

Press Release

Congressman Kevin Cramer announced the U.S. House of Representatives passed H.R. 511, the Tribal Labor Sovereignty Act today. The legislation excludes tribal governments and any enterprises operated by a tribe on tribal land from regulation under the National Labor Relations Act. Cramer is a co-sponsor of the bill.

Traditionally, Indian tribal governments were recognized as excluded from the definition of employer under the Act. This was confirmed in the National Labor Relations Board (NLRB) ruling in Fort Apache Timber Company. In 2004 the NLRB adopted a new interpretation of its authority in its decision on San Manuel Indian Bingo and Casino. The NRLB now claimed it had jurisdiction over all tribal activities.

Since this ruling, the NLRB has relied on a Ninth U.S. Circuit Court doctrine, which stipulates federal law should apply to tribal activities whenever the activity is not traditionally governmental in nature or purely intramural. As a result, tribal governments have faced uncertainty as to when the NLRB will assert jurisdiction and fear they have lost parity with federal, state, and local government entities.

"Self-reliance and self-governance need to be more than liberal buzz words if we're going to make a difference for tribal governance," said Cramer. "I find comments from the opposition to this legislation to be quite rich in contradiction. Unfortunately, they are similar to the comments that President Obama had this morning when he announced his opposition to this bill. He could not support the bill unless tribal governments adopted his view. In other words they have to be identical to his views in order to have sovereignty. This isn't sovereignty at all. The President often likes to say that he honors and respect Tribal sovereignty. In fact, I heard him say he respects it as much as any President while standing on the Pow Wow grounds in Cannon Ball last summer. Yet when presented with this opportunity to support tribal sovereignty he objects."

Cramer added this is not the first time Congress has presented the President opportunities to support tribal sovereignty. "The Native American Energy Act and pipeline gas gathering bills have done the same thing as HR 511, give sovereignty where sovereignty is to be given," he said. "The fact is sovereignty is not something given to our tribal governments, it is already possessed by them. I call on Congress and President Obama to respect the rights of tribes and pass this legislation into law."

Source