

First and foremost, the tribe has enacted numerous laws providing for the protection of our employees, and these laws can be accessed at www.mptnlaw.com.
As you can see, in reviewing these laws the tribe supports and protects employees' rights to unionize if they so vote. It specifically provides that a union can petition for recognition under tribal law and upon the same showing of interest through the signing of cards required under the National Labor Relations Act (NLRA), they are entitled to a secret ballot election to decide whether they would like to be represented by a union.
We have made clear to the United Auto Workers (UAW) and other labor organizations that they are fully entitled to seek union recognition under tribal law. Thus far, they have refused and the UAW has pursued this issue under federal law. Thus, the tribal nation is put in the unfortunate position of either disregarding its own laws or continuing to take whatever steps are necessary to preserve its right of self-government and have union issues addressed under the tribal laws as should be the case.
Tribal court decisions are public, and we have an unblemished 15-year history of recognizing the rights of our employees as to issues of employment law including, but not limited, to workers' compensation. A review of the tribe's case law would show, in our opinion, the fact that the tribal system has recognized employees' rights beyond those generally available to employees under state or federal law.
For Indian country, there is no more important principle than that of tribal self-government. Millions of American Indians before us have gone to battle and have given their lives to preserve tribal autonomy and self-government. All of Indian country is looking to this tribe now to preserve those rights of self-government; not to desert them, but do all that we can within the law to try to preserve these rights.
This is not only about a union organizing a drive at a casino. The union has an absolute right to pursue this drive if only they would do it under tribal law as opposed to insisting on pursuing it through the National Labor Relations Board, an agency which for over 30 years has agreed that the NLRA did not apply to Indian tribes. They have recently changed their minds and in one federal circuit the court upheld that decision. The board's decision itself was divided with one of the three members offering a scholarly, and we think correct opinion, as to why the act is inapplicable.
In light of what is at stake for all of Indian country, we must pursue this and it will require an appeal to the federal courts. In the meantime, the union is free at any time to file a petition under tribal law. We have filed what we believe to be a persuasive brief as to both the inapplicability of the act and the obligation of the administrative agency to defer to the tribal government where the federal objective of a free and fair election as to union representation is available.
Thus, we will continue to protect the rights of our employees, including their right to unionize under tribal law. By taking that approach, we believe that the rights of employees and the rights of tribal governments will be balanced and can coexist. This is the outcome that is most desirable and this is the outcome we will pursue as a tribal government.
This was an open letter sent by Michael J. Thomas, chairman of the Mashantucket Pequot Tribal Nation.
(theday.com)