Inspired by the holding in WinStar World Casino, this Note considers the potential for tribes to make treaty-based arguments when facing the threat of National Labor Relations Board jurisdiction. This Note presents the results of a survey of U.S. government treaties with Native Americans to identify those treaties with language similar to that interpreted by the Board in WinStar World Casino. The survey identified four treaties and four tribes that could make treaty-based arguments like those made in Winstar World Casino: the Confederated Tribes of the Umatilla Indian Reservation, the Muscogee (Creek) Nation, the Seminole Nation of Oklahoma, and the Menominee Indian Tribe of Wisconsin. As the applicability of WinStar World Casino is narrow, this Note also considers the possibility of a broader legislative option to clarify the law and ensure labor sovereignty for all tribes.
San Manuel's Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty,
Mich. J. Envtl. & Admin. L.
Available at: https://repository.law.umich.edu/mjeal/vol6/iss2/3