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Mashantucket Pequot: NLRB has no jurisdiction here

17 October 2007

HARTFORD, Connecticut -- As reported by the Connecticut Day: "The Mashantucket Pequot tribe is so sure the National Labor Relations Board has no jurisdiction over its employees at Foxwoods Resort Casino that it refused to "commit" Monday to holding an election if the NLRB's regional director sides with the union.

"The NLRB held the second day of its hearing Monday on whether the federal agency has jurisdiction to hold an election that could result in the representation of about 3,000 casino dealers by the United Auto Workers union. Both sides, however, have already agreed to the classes of dealers that could be included in a union, should one be approved by Regional NLRB Director Peter Hoffman.

"During the testimony, though, Hearing Officer Dina Emirzian asked tribal attorneys Thomas Gibbons and Michael Soltis of Jackson Lewis LLP of Hartford whether they would cooperate with the posting of notices for an election and other steps if Peter Hoffman decides this case in favor of the U.A.W. and calls for a vote.

"Gibbons and Soltis said they 'couldn't commit' to that and reiterated their stance that there is 'absolutely no basis' for Hoffman to direct an election.

"The tribe has the right to appeal Hoffman's decision to the NLRB in Washington, D.C.

"...The bulk of the hearing involved a tribal court judge testifying that the Mashantucket Pequots have a system of laws regulating employment, as the tribe continued to build its case that the NLRB has no jurisdiction on the reservation..."

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