National Labor Relations Act (NLRA) and its
Application to Tribes and Tribal Enterprises

This class can be counted toward the maintenance of your Indian Country Human Resource Certification. Click here or
call 1-800-992-4489 for details.

Controversial National Labor Relations Board (NLRB) rulings have made unions and labor laws very hot-button topics in Indian Country. In February 2007, the Court of Appeals for the District of Columbia issued a ruling that tribes are subject to the National Labor Relations Act (NLRA), giving workers the right to organized and bargain with employers. Attend this information-packed class and find out what this means for your tribal organization.

A firm understanding of NLRA implications and which labor practices are permitted and prohibited will help you create a productive and sound environment for your tribal organization. Whether a union is firmly established, just starting or not yet at your organization, knowledge is the best defense against unfair labor practices.

Find out about unfair labor practices and labor unions in your casino and other tribal businesses. It is important that every manager knows NLRA protections and procedures, restrictions on employer conduct during union organizing and ways to work with both union and non-union employees. Learn the pros and cons of union activity from both the employer and the employee perspectives.

This class will help you understand all the basics of labor laws and how they impact Indian Country. You'll gain knowledge on how unions work. You'll learn what you can do to avoid unfair labor practices at every stage of union organizing and strategize ways to develop a sound tribal ordinance to protect your business. Don't miss this important opportunity to learn more about this important issue.

T O P I C S   I N C L U D E
What are Labor Laws?
  • People that are generally affected
  • Bargaining power
  • Equalizing power
  • Employer vs. union
  • Labor terms
Application of Labor Laws to Tribal Employers
  • Title VII and the Americans with Disabilities Act (ADA)
  • Applicability of statutes of general operation:
    • Occupational Safety and Health Act (OSHA)
    • Age discrimination
    • Employment Retirement Income Security Act (ERISA)
    • Fair Labor Standards Act (FLSA)
    • Family Medical Leave Act (FMLA)
    • Labor Management Relations Act (LMRA)
  • How unions are organized
  • Economic imperatives that drive union organizing
  • Union goals in organizing a drive
  • Organizing tactics and issues
  • Signs of union activity
  • What governs unions?
  • Union dues
  • Union profiles
National Labor Relations Act (NLRA)
  • History
  • Overview of relevant sections
  • Interpreting each section
  • Protections and procedures for union organizing
  • Changes to the white-collar exemption regulations
  • Salary basis test
  • Compliance and enforcement
National Labor Relations Board (NLRB)
  • History
  • Organization of the board
  • NLRB responsibilities and functions
  • Board procedures
  • Investigatory and remedial powers of the board
Implications of NLRB Rulings
  • San Manuel Indian Bingo and Casino and Hotel Employees and Restaurant Employee International Union
  • Yukon Kuskokwim Health Corporation and International Brotherhood of Teamsters
  • Southern Indian Health Council
  • Application to Indian tribes
Unfair Labor Practices
  • Refusing to bargain in good faith
  • Promising a raise if they join
  • Union security agreements
  • Secondary boycotts
Developing a Tribal Labor Ordinance
  • Getting started
  • Purpose and objectives
  • What to include
  • Sample ordinance
Union Organizing: Dos and Don'ts for Management
  • Legal compliance during a union organizing campaign
  • Union authorization cards
  • Using positive management practices
  • Securing operations during disputes
Negotiating a Union Contract
  • Pre-negotiation strategies
  • Recognition
  • Non-discrimination
  • Union security
  • Wages and hours
  • Job bidding
  • Grievance and arbitration procedures
  • Health care
  • Dress code
  • Picket lines
  • No strikes-no lockouts
  • Discipline and discharge
Employee Relations
  • Handling grievances
  • The role of the attorney
  • Creating and updating employee handbooks
  • Use of tribal ordinances
  • FLSA and minimum wage and overtime compensation
  • Benefits of a good compensation program
  • Employee benefit plans
  • Standardizing performance reviews/evaluations
  • Holding managers accountable to review deadlines
Public Relations
  • Building a positive image among members and within the community
  • Handling negative press surrounding union activity
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