Judge Gibbons, writing for the majority (along with Judge Merritt), began by noting that the NLRA is a statute of general applicability, is silent as to Indian Tribes, and that Chevron was inapposite because the NLRB’s jurisdiction was “predicated on its analysis of federal Indian law and policy,” not upon a statutory interpretation. The Sixth Circuit granted enforcement of the order. 2550 (2014), and sought enforcement of its cease and desist order in the Sixth Circuit.

The NLRB found it had jurisdiction, even after reconsideration in light of NLRB v.

The Band’s sole objection the NLRB’s order was that the NLRB lacked jurisdiction over the Tribe in this matter. Thereafter, the NLRB sought to prohibit enforcement of some parts of the amended FEPC on the grounds that they violated the NLRA. Little River Band of Ottawa Indians Tribal Government began when the Little River Ottawa Band’s Tribal Council amended the Tribe’s Fair Employment Practices Code to allow the Band to set the terms and conditions of collective bargaining, and “prohibits strikes, work stoppage, or slowdown by the Band’s employees.

In a recent split decision, the Sixth Circuit held that the National Labor Relations Board (NLRB) possessed jurisdiction to enforce provisions of the National Labor Relations Act (NLRA) against the Little River Band of Ottawa Indians-a Michigan Indian tribe-to prevent the Tribe from enforcing its new labor regulations against a casino on its land. By Squire Patton Boggs on JPosted in Recent Cases

Little river casino tribe