HERE filed an unfair labor practice charge with the Board, claiming the casino allowed CWA representatives access to the casino property while denying access to HERE representatives. The Communication Workers of America (CWA) and the Hotel Employees & Restaurant Employees International Union (HERE) both sought to organize the casino employees. The casino employed many non-Indians and catered primarily to non-Indians. In this case, the casino was owned and operated by the San Manuel Band of Serrano Mission Indians (the Tribe) on its reservation. In reaching this determination, the court held that the application of the NLRA to the San Manuel Casino would not significantly impair tribal sovereignty thus federal Indian law does not preclude the National Labor Relations Board (the Board) from applying the NLRA to a casino owned and operated by the tribe.
Circuit Court of Appeals has held that the National Labor Relations Act (NLRA) applies to employment at a casino operated by a Native American tribe on its reservation.
