Despite Sovereign Status Indian Tribe Must Follow NLRA
In a decision that could have ripple effects nationwide, the National Labor Relations Board (“NLRB”) has held that federal labor protections apply to an Indian tribe’s casino operations in Oklahoma.
Workers at the Winstar World Casino, in conjunction with the Teamsters, initiated the NLRB action because the Chickasaw Nation, a federally recognize tribe, refused to follow the National Labor Relations Act (the “NLRA”). The tribe argued that the NLRA should not apply because of the tribe’s sovereign status.
The board disagreed. In a case captioned Chickasaw Nation operating Winstar World Casino and International Brotherhood of Teamsters Local 886, affiliated with the international Brotherhood of Teamsters, the board held that the NLRA would not impermissibly interfere with the tribe’s treaty-protected rights of self governance.
This is hardly the first time an Indian tribe has attempted bypass the NLRA, and the board in 2004 developed a test for such cases: The NLRA will generally apply to Indian tribe casino operations unless
- the law “touche[d] exclusive rights of self government in purely intramural matters,”
- the application of the law would abrogate treaty rights, or
- there was proof in statutory language or legislative history that the law should not apply to tribes. San Manuel Indian Bingo & Casino, 341 NLRB 1055 (2004).
Applying these factors, the NLRB held that application of the NLRA would not violate the tribe’s sovereign rights. The casino, the board held, was primarily commercial, not governmental in nature.
"Construing these treaty rights to preclude the Board’s assertion of jurisdiction would mean that the enforcement of nearly all generally applicable federal laws would be nullified . . .” the board held. “That result is untenable.”
The board order requires the tribe to cease and desist from informing employees that they do not have protections under the NLRA.
Please contact the author if you have questions about this case.
Featured Insights

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

