Friday, October 10, 2008
Possible Settlement in UAW-Foxwoods Dispute?
As we've discussed previously, the UAW and Foxwoods Casino have been contesting whether the NLRB has jurisdiction over the tribal casino. We now learn, thanks to an e-mailed joint press release, that:
The UAW and the Mashantucket Pequot Gaming Enterprise agreed to enter into discussions for 30 days to determine if an agreement can be reached to bargain under tribal law without either party waiving any of their rights or legal positions under the National Labor Relations Act.
The parties further agreed that they will not discuss the status of negotiations during this 30-day period.
As Daniel Schwartz at the Connecticut Employment Law Blog notes, the big deal here is the attempt to apply tribal law, which is what the casino has been seeking. Like him, I think that both parties have potential gains here. The casino keeps avoiding the NLRA, while the union may get what it's really after: the ability to start representing the casino workers.
-JH
https://lawprofessors.typepad.com/laborprof_blog/2008/10/possible-settle.html