The National Labor Relations Board has agreed to decide whether unions can organize the 2,400 workers at the Indian-owned Seneca Niagara Casino.
Because of old treaties, it is uncertain whether the casino, which is owned by the Seneca Nation of Indians, is subject to the National Labor Relations Act.
If the casino is unhappy with the decision, it can challenge the Board’s jurisdiction in court.
In August, Teamsters Local 375 had filed an unfair labor practice charge, accusing the casino of preventing the union from organizing the casino’s workers. Following the accusation, a union activist was fired from a job at the casino.
In a reversal of a previous policy, the NLRB declared, in 2004, that it had jurisdiction over the San Manuel Indian casino in California. Prior to that, it had been NLRB policy that the labor relations act did not cover Indian-owned enterprises.
While many have inferred that the California ruling will apply to the Seneca’s casino, it may not. The NLRB will have to examine treaties to learn if they have jurisdiction over the casino.
