Chickasaw Nation Protected by Treaty from NLRB

June 8, 2015

The Chickasaw Nation, as operator of the WinStar Casino, is not subject to the National Labor Relations Board jurisdiction. The NLRB said it could not assert jurisdiction over the Nation because it would abrogate the Chickasaw treaty rights.

Applying the test established by the Board in San Manuel Indian Bingo & Casino, 341 NLRB 1055 (2004), enfd. 475 F.3d 1306 (D.C. Cir. 2007), the NLRB found that application of the Act would abrogate treaty rights, specific to the Nation, contained in the 1830 Treaty of Dancing Rabbit Creek. In that treaty, the Nation relinquished its land in Mississippi in exchange for land in Oklahoma and the promise that the Nation would be sovereign and not be subject to any laws except those passed by Congress.

A copy of the decision can be found on Turtle Talk. https://turtletalk.files.wordpress.com/2015/06/board-decision.pdf

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