NAN A. S. HAYWORTH: “Mr. Chairman, in May of 2004, the National Labor Relations Board overturned 30 years of its own precedent and ruled that…”

“Mr. Chairman, in May of 2004, the National Labor Relations Board overturned 30 years of its own precedent and ruled that it has jurisdiction over tribal government enterprises located on tribes' own sovereign lands. Where tribal law has governed relations between tribes and their employees, the National Labor Relations Board seeks to replace that law with its regulatory authority in this area. This decision by the NLRB is a frontal assault on tribal sovereign rights. The National Labor Relations Act expressly exempts States, cities, and local governments from its coverage; and the NLRB has ruled that territorial governments, such as Puerto Rico and Guam, are also exempt from its jurisdiction. But the National Labor Relations Board incorrectly decided that it should exercise its own jurisdiction over tribal governments on their own lands. If this unfair decision stands, the only governments that will be subject to NLRB jurisdiction will be tribal governments. There is a basic misunderstanding here, Mr. Chairman. The NLRB misunderstands that tribal governments, like State governments, rely upon government-owned enterprises to generate revenue to support governmental purposes, such as reservation law enforcement and fire services, and programs for the health, education and welfare benefit of tribal members.”