Chapter 2.15
TRIBAL EMPLOYMENT PREFERENCE AND RIGHTS
Sections:
2.15.010 Tribal employment preference.
2.15.020 Business Committee findings.
2.15.040 Registration of labor organizations.
2.15.050 Business agent licensing.
2.15.060 Freedom of choice guaranteed.
2.15.010 Tribal employment preference.
It is the policy of the Confederated Tribes of the Chehalis Reservation that, to the extent that the following types of individuals are qualified for the position, such individuals shall have a preference for employment on Tribally owned projects:
A. Members of the Chehalis Tribe;
B. Members of households in which a Chehalis Tribal member is a family member and the proceeds of employment are used to support that household;
C. Tribal members of other Federally recognized Indian tribes. [Res. 2011-020; Res. 2006-62. Prior code § 1.3.1.010.]
2.15.020 Business Committee findings.
The Business Committee finds that:
A. The Tribe possesses the inherent power to exclude non-Indians from its jurisdiction, which includes the lesser power to place conditions on entry, on continued presence, or on conduct, on lands within the Tribe’s jurisdiction;
B. Various labor organizations and their business agents have entered or may enter the Tribe’s jurisdiction without the authorization of the Tribe through their connection with employers who have lawfully entered the Tribe’s jurisdiction pursuant to leases, rights-of-way and other consensual relationships with the Tribe;
C. The unauthorized entry of various entities and persons in the Tribe’s jurisdiction threatens the political integrity, economic security, and the health, safety and welfare of the Tribe and its members;
D. The individual freedom of choice in the pursuit of employment in the Tribe’s jurisdiction should be encouraged as a matter of the public policy and law of the Tribe; and
E. The right to work should not be infringed or otherwise subject to undue restraint or coercion, based upon membership in, affiliation with, or financial support of a labor organization, or upon the refusal to join, affiliate with, or financially or otherwise support a labor organization.
F. Nothing in this chapter is intended nor shall be construed to violate the National Labor Relations Act to the extent that such Act is applicable to the Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-62. Prior code §§ 1.3.1.020, 1.3.1.050.]
2.15.030 Definitions.
For purposes of this chapter:
“Business agent” means any person who acts or attempts to act for or on behalf of any labor organization in:
1. The issuance of membership or authorization cards, work permits, or any other evidence of rights granted or claimed in, or by, a labor organization; or
2. Soliciting or receiving from any employer any right or privilege for employees.
“Employer” means any person, firm, association, corporation and other business entity lawfully operating on lands within the jurisdiction of the Chehalis Tribe.
“Labor organization” means any organization of employees organized for the purpose of dealing with an employer concerning hours of employment, rate of pay, working conditions, or grievances of any kind relating to employment and desiring to operate on any lands within the jurisdiction of the Chehalis Tribe.
“Tribal offense” means any action that violates the Chehalis Criminal Code. Such offenses include, but are not limited to: assault; battery; burglary; bribery; discharging of firearms; disorderly conduct; extortion; arson; vandalism; and trespass. [Res. 2016-17; Res. 2011-020; Res. 2006-62. Prior code § 1.3.2.010.]
2.15.040 Registration of labor organizations.
A. Every labor organization operating in the Tribe’s jurisdiction shall file a report with the Business Committee Chairman, on or before 60 days after this chapter is enacted by the Business Committee, or within 48 hours of any subsequent first entry in the Tribe’s jurisdiction, and thereafter on or before December 31st of each year. The report, which shall be filed by the president or the business agent of the labor organization, shall contain the following information:
1. The name and address of the labor organization.
2. The names and addresses of the president, secretary, treasurer, and business agent(s) of the labor organization.
3. The name and address of the national or international organization, if any, with which it is affiliated.
4. A copy of the collective bargaining agreement between the labor organization and an employer, if any.
5. A list of all members living within the State of Washington or the State of Oregon who would be available to enter the lands subject to this chapter for any purpose related to the terms of this chapter.
B. The president or the business agent of the labor organization shall file with the Business Committee Chairman a notice of any changes to the information required by subsection A of this section no more than 10 days after the changes are made, and provide any additional information requested by the Business Committee Chairman. Submission of a false or incomplete report shall constitute a violation of this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-62. Prior code § 1.3.3.010.]
2.15.050 Business agent licensing.
A. Any person desiring to act as a business agent on lands subject to this chapter or required to be disclosed pursuant to CTC 2.15.040(A)(5) shall first obtain a license from the Tribe by:
1. Filing an application under oath with the Business Committee;
2. Paying a license fee of $200.00;
3. Submitting a full set of fingerprints of the applicant, which shall be taken by the Chehalis Tribal Law Enforcement Department or other law enforcement agency authorized by the Business Committee to do so; and
4. Submitting a statement signed by the president and the secretary of the labor organization showing his or her authority to act as a business agent for the labor organization.
B. No person shall be granted a license to act as a business agent in the Tribe’s jurisdiction if that person:
1. Has been convicted of a felony and has not had his/her civil rights restored; or
2. Is a threat to the health, safety, or welfare of the Tribe. All licenses shall be nontransferable and nonassignable.
C. The Business Committee, in its discretion, may conduct or cause to be conducted an independent background investigation of the applicant to determine the applicant’s eligibility for a license.
D. Upon compliance with subsection A of this section, the Business Committee shall issue the license. If at any time after the issuance of the license, the Business Committee receives reliable information based on the background investigation or other source that the licensee is ineligible to hold a license hereunder, then the Business Committee may suspend or revoke the license, in which case the licensee may within 30 days appeal the suspension or revocation to the Tribal Court. The license shall run for the calendar year for which it is issued unless sooner surrendered, suspended, or revoked.
E. All licenses shall expire at midnight on December 31st of each year, but may be renewed by the Business Committee on a form prescribed by the Business Committee for that purpose and upon the payment of an annual renewal fee of $200.00; however, if any license has been surrendered, suspended or revoked during the year, then the applicant must go through the requirements set forth in subsection A of this section as a new applicant.
F. Grounds for denial, suspension, or revocation of licenses shall include, but not be limited to, false application. [Res. 2016-17; Res. 2011-020; Res. 2006-62. Prior code § 1.3.3.020.]
2.15.060 Freedom of choice guaranteed.
A. No person shall be required, as a condition of employment or continuation of employment in the Tribe’s jurisdiction, to:
1. Resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;
2. Become or remain a member of a labor organization;
3. Pay dues, fees, assessments or other charges of any kind or amount to a labor organization; or
4. Pay to any charity or other third party, in lieu of such payments, any amount equivalent to or a pro rata portion of dues, fees, assessments or other charges regularly required of members of a labor organization.
B. Any actual agreement between any labor organization and an employer that violates the rights of employees guaranteed by the provisions of this chapter is hereby declared to be against the public policy of the Tribe and of no legal effect.
C. No person, including any labor organization, employer, or employee, shall commit any Tribal offense. [Res. 2016-17; Res. 2011-020; Res. 2006-62. Prior code § 1.3.4.010.]
2.15.070 Violations.
It shall be a violation of this chapter for any person in the Tribe’s jurisdiction:
A. To act as a business agent without having obtained a valid license.
B. To solicit membership for or to act as a business agent of any labor organization without authority of the labor organization to do so.
C. To make any false statement in an application for license.
D. To unlawfully seize or occupy any property during the existence of a labor dispute.
E. To coerce or intimidate any employee in the enjoyment of his or her legal rights; to coerce or intimidate any elected or appointed Tribal official; or to intimidate the family, picket the domicile, or injure the person or property of any employee or Tribal official.
F. To engage in picketing in any manner which constitutes a Tribal offense, including picketing in a manner to prevent ingress to and egress from any premises, and picketing other than in a reasonable and peaceful manner.
G. To violate any other provision of Tribal law. [Res. 2016-17; Res. 2011-020; Res. 2006-62. Prior code § 1.3.5.010.]
2.15.080 Penalties.
Any person who, directly or indirectly, violates any provision of this chapter shall be subject to a fine not exceeding $1,000 for each violation, and/or exclusion from Tribal lands. [Res. 2016-17; Res. 2011-020; Res. 2006-62. Prior code § 1.3.5.020.]
2.15.090 Civil remedies.
Any person injured as a result of any violation or threatened violation of the provisions of this chapter shall be entitled to injunctive relief from the Tribal Court against any person committing or threatening any violation, and may, in addition thereto, recover any and all damages, including costs and reasonable attorney fees, resulting from the violation or threatened violation, except that nothing in this chapter shall be construed as a waiver of the sovereign immunity of the Tribe, or of its enterprises, agents, employees or officials. The remedy shall be independent of and in addition to any other penalties and remedies prescribed by applicable law. [Res. 2016-17; Res. 2011-020; Res. 2006-62. Prior code § 1.3.5.030.]