On the recordNovember 17, 2015
I thank the gentleman from Virginia (Mr. Scott) for yielding and for his leadership in support of working men and women. Mr. Speaker, like my colleagues, I am a strong supporter of tribal sovereignty and believe that we must recognize the rights of tribal governments. But I am also a strong supporter of labor rights, the ability of hardworking men and women to join together in collective bargaining to improve their workplace and the lives of their families. Union membership has many advantages: higher wages, better benefits, and safer working conditions. It is no coincidence that we have seen the middle class shrink dramatically at the same time that union membership has declined. That is why we need to act to expand labor rights and why we should be concerned about the bill before us. I believe that the 2004 National Labor Relations Board decision in San Manuel Indian Bingo & Casino struck the appropriate balance between respecting tribal sovereignty and upholding labor rights. In its decision, the NLRB stated the National Labor Relations Act does not apply if it would undermine the ``exclusive rights of self-governance in purely intramural matters'' or ``abrogate Indian treaty rights.'' However, the NLRB clarified that labor law would apply if an entity is a purely commercial enterprise and employs or caters to individuals who are not tribal members.…
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