U.S. Rep. Kristi Noem (R-SD) celebrated Tuesday’s passage of the bipartisan H.R. 511 – the Tribal Labor Sovereignty Act of 2015 – to protect tribal sovereignty on labor issues.
The legislation, long supported by many South Dakota Tribes, seeks to clarify that the National Labor Relations Board (NLRB) has no jurisdiction over tribally owned and operated businesses.
“Tribes work daily to overcome high rates of poverty and unemployment,” Noem said. ”They continually encourage economic development through self-determination. The last thing they need when trying to improve economic opportunities for their citizens is a federal bureaucracy meddling with their efforts. I’m hopeful today’s legislation will correct the record and reaffirm our commitment to tribal sovereignty.”
The legislation comes after a unilateral NLRB 2004 determination that the National Labor Relations Act could be applied to tribally owned businesses operating on tribal lands. Many tribes, however, warned that such a determination posed a threat to the foundation of Indian law and the principle of tribal sovereignty.
Under H.R. 511, tribally owned businesses on tribal lands would not be subject to the jurisdiction of the National Labor Relations Act, effectively stripping the NLRB of the powers of administration and enforcement on reservation land for tribally owned businesses.
Noem originally introduced the Tribal Labor Sovereignty Act in 2011, re-introducing it in 2013 and helping move the bill forward in the House as a cosponsor during the current Congress.