NLRB upholds union election at Foxwoods
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#1 Jul 3, 2008
If Jackson King is telling the truth and as he stated, "The union could already have a contract by now if they had followed tribal law," now that the NLRB in Washington DC has certified the union election under Federal Law, have the tribe and Foxwoods management simply present the proposal that they would naturally already have drafted and sit down at the bargaining table, following Federal guidelines and Labor Laws to negotiate the terms for a fair and equitable contract in a timely and expeditious manner.
It should be clarified here once again however, that Company Unions are forbidden by Federal Law. Specifically, that it is illegal for any employer to organize or administer any union within their business.
And that, since the Mashantucket Pequot Tribe owns and operates Foxwoods Resort Casino, it would be a direct violation of Federal Law for Foxwoods management spokespersons and/or Mashantucket tribal spokespersons to attempt to organize any union under the authority, oversight or regulation of the Mashantucket Tribal Laws or court system which operate under the direct guidance and are employees of the Mashantucket Pequot Tribal Council and its members. The Mashantucket tribe and tribal council have sole discretion regarding the enactment of any tribal laws. As such, any bargaining unit attempting to organize under Tribal labor law, would by definition, be a "company union".
The Wagner Act protects workers’ rights to bargain collectively. It established a three-member National Labor Relations Board and prohibited employers from engaging in unfair labor practices such as setting up a company union or firing or otherwise discriminating against workers who organized or joined unions.
General Counsel King would appear to be mistaken in the assumption that this union could have even attempted to file under Mashantucket tribal law. Either that or someone may be encouraging employees to violate Federal Statutes. I believe that even the attempt to persuade a person to commit a Federal crime may be punishable as an inchoate offense (solicitation to commit a felony). Solicitation is the act of asking someone else to commit a crime.
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