A Look at 6th Circ. Application of NLRA to Tribal Casino

A recent ruling by a panel of the U.S. Court of Appeals for the Sixth Circuit stipulates that, despite tribal sovereignty, Indian tribes’ casinos must abide by federal labor laws. In Law360, three Faegre Baker Daniels attorneys— Partners Rick Duncan and Tom Posey and Associate Toni Everton—evaluated the details of the case, Soaring Eagle Casino and Resort v. National Labor Relations Board. In the article, they identified discrepancies between the Sixth Circuit decision and other appellate rulings on similar matters, concluding that, most likely, we have not heard the last of this case.

“There is split among the circuit courts (and within the Sixth Circuit) about the proper analytical framework for determining whether a federal statute of general applicability encroaches on an Indian tribe’s inherent sovereignty,” the article said. “…Hence, this issue appears ripe for Supreme Court review for the first time since the 1985 Montana decision.”