Connecticut Attorney General Files Brief Supporting UAW Petition For Foxwoods Unionization Vote
October 22, 2007 -- Connecticut Attorney General Richard Blumenthal will file a brief today in support of the United Auto Workers' (UAW) petition asking the National Labor Relations Board (NLRB) to schedule a unionization vote for Foxwoods Resort Casino dealers.
Blumenthal has intervened on the UAW's side in the NLRB proceeding. His brief says that the NLRB has clear authority to order the vote under its San Manuel Indian Bingo and Casino vs. NRLB decision. That ruling -- upheld by a federal appeals court -- found that federal labor laws, including those governing unionization, apply to Indian casinos and other tribal commercial enterprises.
"In San Manuel, the board established the precedent of broad applicability over tribal commercial enterprises, including the casino in question there, operating in interstate commerce," Blumenthal said. "The board, noting the rise in tribal commercial enterprises and their expansive effects on interstate commerce, held such enterprises classically within the board's jurisdiction as commercial activities massively affecting interstate commerce.
"There is no question that the tribal casino located within the state of Connecticut in the present proceeding constitutes a tribal commercial enterprise overwhelmingly affecting interstate commerce within the meaning of San Manuel.
"The regional director has properly and rightly conducted the present representation proceedings in the most expeditious fashion. He should now proceed to hold summarily and without further delay that the board has jurisdiction over the employer's tribal casino for purposes of ordering an election forthwith to certify the petitioner as exclusive bargaining representative of the casino's employees in the unit sought"
The UAW says a majority of the casino's approximately 3,000 dealers signed cards asking for a unionization vote. Federal law allows for a vote when at least 30 percent of employees sign cards seeking an election.
Source: Connecticut Attorney General
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