Monday, April 9, 2012
The case is Soaring Eagle Casino & Resort and UAW. The complaint alleged that the Tribe violated Section 8(a)(1) of the NLRA by maintaining an unlawful no-solicitation policy in its handbook and prohibiting employees from talking about the Union in the employee hallway, and (2) Section 8(a)(3) and (1) of the Act by suspending and then discharging an employee for engaging in union solicitation and distribution activities in the employee hallway and public bathroom in the casino. The Tribe denied the allegations and argued that the NLRA does not apply to a tribal Government’s exercise of sovereign authority absent express congressional authorization. The ALJ disagreed and ordered compliance.