International Operating Engineer - Summer 2015

Politics & Legislation
Legislation Would Eliminate Workers’ Rights on Tribal Lands
LEGISLATION IS MOVING in
Congress that would strip hundreds of
thousands of American workers of their
fundamental workplace rights in tribalowned
businesses on Native American
lands. The legislation is focused on the
tribal gaming industry – a $28 billion
enterprise in the United States – but
would extend to every other operation
of the tribe, too. Operating Engineers
are employed at many of these facilities
at locations all over the United States,
from Connecticut to California.
The bill changes current law
by exempting the National Labor
Relations Act (NLRA) from tribal
enterprises on tribal lands. Tribal
enterprises include mining operations,
ski resorts, commercial farms, golf
courses, sawmills, construction firms,
restaurant and entertainment facilities
and other businesses. There is currently
no definition of “tribal enterprise”
anywhere else in law.
In a letter to Congress, IUOE Local
953 Business Agent and enrolled
member of the Navajo Nation Clayton
Benally stated that, “Employees of
tribal operations should not have
their right to form unions and bargain
collectively taken away.”
“I find it unacceptable,” Benally
continued, “that our elected leaders
in Washington would attempt to take
away our rights to bargain collectively
for the betterment of ourselves and our
families as Americans, even our rights
as Native Americans on our own Tribal
lands.”
This bill is a poorly disguised
attack on workers’ rights. Passage
of this bill would strip employees of
tribal enterprises of their right to form
unions and bargain collectively. Close
to 700,000 people work at Indian
gaming facilities across the country.
About 600,000 of them are not Native
American.
The Tribes say that they want to
be treated like state governments and
[photo] Slot Technicians and other Operating Engineer jobs at tribal gaming facilities
nationwide are under threat of losing their federal labor protections.
that it is a matter of sovereignty. But
states don’t operate a $28 billion dollar
gaming industry with 700,000 workers.
At a June congressional hearing,
Richard Guest, the staff attorney for the
Native American Rights Fund, publicly
stated that the reason his organization
supports this bill is because it will keep
unions off of reservations. Another
tribal witness said that they want to
deny workers the right to strike.
Make no mistake, this legislation is
a business proposition for the Tribes.
They are wielding their political
power in an attempt to squash the
fundamental rights of their employees.
According to the National Indian
Gaming Commission, Indian gaming
generated $28 billion in revenue in fiscal
year 2013 and operated 449 gaming
facilities. Indian gaming enterprises
also collectively paid 250 lobbyists over
$24 million to lobby Congress in 2014
and they contributed over $14 million
in the 2014 election cycle to federal
candidates and committees, according
to the Center for Responsive Politics.
Native American Tribes should not
get to pick and choose what federal laws
and regulations they will obey when
they engage in commercial activity with
people and business organizations
from outside their reservations. This is
not an issue of tribal sovereignty; it’s an
issue of workers’ rights.
The legislation has already passed
through the Senate Indian Affairs
Committee, with some Democratic
support. It is currently being considered
in the House committee.
Saving the Highway Fund and Jobs Comes Down to the Wire
THE CURRENT HIGHWAY BILL was
due to expire at the end of July. As
this magazine went to press, separate
and competing bills in the House
and Senate were being considered to
extend the program. The question is
over how long to extend it.
Over the past several years, Congress
has been passing short-term extension
after short-term extension. Their
failure to pass a long-term bill has cost
thousands of Operating Engineers jobs.
The IUOE supports a long-term, fully
funded program. Congress must come
up with about $15 billion every year for
the program. Unfortunately, neither
Democrats nor Republicans have had
the will to fund this critical program.
Without a fully funded, long-term
highway bill, the United States will
never be able to repair and rebuild our
crumbling infrastructure.
According to the 2013 report by the
American Society of Civil Engineers
(ASCE):
• 32% of America’s major roads are
in poor or mediocre condition
• 42% of America’s major urban
highways are congested
• 1 in 9 of the nation’s bridges are
rated as structurally deficient
• 45% of Americans lack access to
public transit
• The U.S is ranked 16th in the
world in terms of our overall
infrastructure quality
The Operating Engineers are not alone
in advocating for a fully funded, longterm
highway bill. Many organizations
and industry groups that span the
political spectrum have been pleading
with Congress for years to work
together and get this done.
Stay up-to-date on how Congress
decides to address this critical issue by
visiting: www.iuoe.org
EnginEErs Action rEsponsE nEtwork
Because elections matter
Make your voice heard • Register for EARN today
www.iuoe.org
10
INTERNATIONAL OPERATING ENGINEER
SUMMER 2015 11