2004- Labor Relations and Tribal Self-Governance

This article argues that the San Manuel decision and the Tuscarora- Coeur d’Alene line of cases adopt the wrong approach to determine whether federal statutes of general applicability that are silent as to tribes effectively divest tribes of their sovereign powers. Part I describes the Board’s decision in the San Manuel Indian Bingo and Casino matter. Part II discusses how the Board’s analysis departs from the foundational principles of federal Indian law, the Indian canon of construction, and even the Supreme Court’s developing implicit divestiture doctrine, leading the Board to apply an overly-restrictive, subjective test that minimizes sovereignty and ignores congressional policy. Part III describes the NLRA and argues that Congress did not intend for it to divest tribes of their sovereign powers. Part IV proposes strategies that tribes can adopt to continue to assert tribal sovereignty in labor relations.

Agenda

Thursday, August 4

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Agenda

Wednesday, August 3

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Agenda

Tuesday, August 2

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7:30 am
Registration (Location: Sequoia)

9:00 am
Posting of Colors (Location: Grand Peninsula Ballroom)

9:05 am
Welcome & Opening Prayer

9:10 am
Time of Reflection

9:25 am
Welcome & Opening Message from SGCETC Board of Directors 

9:30 am
Welcome from Tribal Nations within California and Discussion of Hot  Topics

10:15 am
Discussion with Assistant Secretary – Indian Affairs Bryan Newland

10:30 am
Break

10:45 am
Establishing the Bay Area American Indian Cultural District

11:00 am
COVID Update and Indian Health Service Initiatives to Improve Health and Wellbeing

11:30 am
International Decade (2022 – 2032) of Indigenous Language Preservation

11:45 am
Lunch Break

1:00 pm – 2:00 pm
Breakout Sessions

 2:00 pm – 2:15 pm
Networking Break

2:15 pm – 3:30 pm
Breakout Sessions

3:30 pm- 3:45 pm
Break

3:45 pm
Threats to Tribal Sovereignty: Protecting the Indian Child Welfare Act

(Location: Grand Peninsula Ballroom)

4:05 pm
Self-Governance Updates from DOI, IHS, and DOT

4:45 pm
Tiwahe Initiative – Federal Updates

 

Additional Meetings and Activities

11:30 am – 5:00 pm
DOI SGDB Training Room (Sand Pebble D)

11:30 am – 5:00 pm
Individual Meetings with OSG Staff- Open (Board Rooms 3 & 4)

6:00 pm – 7:00 pm
Tribal Caucus for the Food Distribution Program for Indian Reservations Consultation Meeting (Cypress A)