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Wednesday, May 9, 2012

Taunton: Getting held up by Mashpee Wampanogs





Failing to ask the right questions or question this "Something for Nothing Scheme," Taunton residents are about to get screwed!

Thank you, Governor Slot Barns!

From: Cin An
Some supporters of the Taunton casino have been characterized as being from "labor unions" who want jobs - that's worthwhile and merits discussion. Unfortunately dealing with sovereign Indian tribes comes with challenges when it comes to labor disputes and holding the tribe to labor specific commitments that rank and files union job seekers should understand before lending their support. Let's help educate them.

In addition to this good summary of the current state of labor law and Indian tribes, I'll post some other articles below that may be good references when discussing these issues with union members supporting the casino.

http://www.michbar.org/journal/article.cfm?articleID=715&volumeID=56
See More
Tribal SovereigntyState Labor and Employment Laws Do Not Apply to American Indian

 
 
 
Indian casinos are exempt from complying with the Family & Medical Leave Act.

http://www.nativeamericanlawfocus.com/blog.aspx?entry=126
 
Cin An
 
"Teamsters and AFT pension funds are among the largest investors in Indian Gaming operations. The Building & Construction Trades have a “sweetheart agreement” with the Indian Gaming Association to hire union labor for construction projects; however the workers do not enjoy the protection of a union contract or Project Management Agreement."

http://leftlaborreporter.wordpress.com/2012/01/01/workers-struggle-for-justice-in-minnesota-indian-gaming-industry/
 
Cin An ‎"Neither state or federal building, health and safety inspectors are permitted onto the job sites and Affirmative Action is not enforced. Aside from low wages and the lack of on the job democracy, casino workers are subjected to high exposure of smoke from patrons smoking cigars, cigarettes and pipes. The former head of Indian Health Services under President Bush described casino operations “the modern-day equivalent to small pox laden blankets!” - Midwest Casino Workers Organizing Council
 
Overtime pay guaranteed? Check again, the Fair Labor Standards Act does not apply to Indian Tribes.

http://erickregalado.wordpress.com/2011/12/12/the-flsa-does-not-apply-to-indian-casino-employees/
erickregalado.wordpress.com
In a fairly new Indian law case from the Northern District of California, Larime...r v. Konocti Vista Casino Resort, Marina & RV Park, we learn that the Fair Labor Standards Act does not apply to ...
 
Cin An Discrimination and sexual harassment rights of non-Indian workers at an Indian casino are waived and not enforceable via State or Federal remedies.

http://www.law.fsu.edu/journals/lawreviewdownloads/253/danahy.pdf
 
Cin An Employment discrimination based on age, disability, race, etc... is not protected at Indian casinos. Tribes are specifically exempt and immune from suites filed under federal Title VII, The Americans with Disabilities Act, the Age Discrimination in Employment Act and all state employment discrimination laws.

http://www.myazbar.org/AZAttorney/PDF_Articles/0103IndianLawp24.pdf
 
Cin An Indian casinos are exempt from complying with the Family & Medical Leave Act.

http://www.nativeamericanlawfocus.com/blog.aspx?entry=126
www.nativeamericanlawfocus.com
A federal trial judge in southern California has held that tribally owned and op...erated casinos on tribal land are exempt from the Family Medical Leave Act ("FMLA") because Congress did not specifically state that the law should apply to Indian tribes. Congress did not address the issue of Indian tri...
 
 

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