In what could have major legal impact on both the federal and state levels, a 3-judge panel of the U.S. Court of Appeals, Third Circuit (in Philadelphia) ruled Friday that U.S. labor laws apply to Indian tribes because the tribes are engaged in a "commercial enterprise," rather than a governmental function, at least where casino operations are concerned.
The case involved the San Manuel tribe in San Bernardino which argued that it was immune from interference by the National Labor Relations Board regarding collective bargaining issues.
While the specific issues were limited to federal labor law, the implications are significant as to just how far "sovereign immunity" claims will fly in future cases. In fact, the distinction discussed by the Court -- between "commercial enterprise" activities and "governmental action" -- could become fuel for all kinds of future legal fires involving the relationship between federal, state and local bodies and the tribes.
To read an Associated Press article describing the case:
click here.
To read the actual decision,
PLEASE CLICK HERE.*
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