Divided Sixth Circuit Panel Upholds NLRB Jurisdiction To Enforce NLRA Against Tribes Even When The Act Conflicts With Tribal Employment Laws

On June 9, 2015, a divided panel of the Sixth Circuit Court of Appeals held that the National Labor Relations Board has jurisdiction to enforce the National Labor Relations Act (NLRA) against an Indian tribe even when the Act is in conflict with tribal employment laws or ordinances. NLRB v. Little River Band of Ottawa Indians Tribal Gov't., Case 14-2239 (6th Cir. June 9, 2015). Based on its legal ruling, the Court granted the NLRB's application for enforcement of a cease and desist order preventing the Little River Band of Ottawa Indians from enforcing provisions of the Band's duly enacted Fair Employment Practices Code that the NLRB determined were in conflict with the NLRA.

Background

In 2005, the Little River Band of Ottawa Indians' Tribal...