at 1055, and it operates pursuant to the Indian Gaming Regulatory Act of 1988 ('IGRA'), which authorized gaming on tribal lands expressly 'as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments,' 25 U.S.C. The Casino was established by the San Manuel tribal government as a 'tribal governmental economic development project,' id. Nevertheless, given the Casino's size, the Tribe must employ a significant number of non-members to ensure effective operation. The Tribe does not contract with an independent management company to operate the Casino, and therefore many Tribe members hold key positions at the Casino. HERE's evidence further suggests the Tribe actively directs its marketing efforts to non-Indians, and the Board found that 'many, and perhaps the great majority, of the casino's patrons are nonmembers who come from outside the reservation.' San Manuel Indian Bingo & Casino, 341 N.L.R.B. It includes a 2300-seat bingo hall and over a thousand slot machines. According to HERE's evidence, the Casino is about an hour's drive from Los Angeles. This proceeding arose out of a competition between the Communication Workers of America ('CWA') and the Hotel Employees & Restaurant Employees International Union ('HERE'), each seeking to organize the Casino's employees. * San Manuel owns and operates the San Manuel Indian Bingo and Casino (the 'Casino') on its reservation in San Bernardino County, California. Opinion for the Court filed by Circuit Judge BROWN. Sponzo, Assistant Attorney General, were on the brief for intervenor State of Connecticut.īefore: GARLAND and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge. Richard Blumenthal, Attorney General, Attorney General's Office for the State of Connecticut, and Richard T. McCracken argued the cause and filed the brief for intervenor Unite Here! International Union.

Armstrong, Deputy Associate General Counsel, and Meredith L. Ferguson, Associate General Counsel, Aileen A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent. Bryant Rogers were on the brief for amici Indian Tribes and Tribal Organizations in support of petitioner and reversal of the NLRB's judgment.ĭavid A.

On Petition for Review and Cross-Application of Enforcement of an Order of the National Labor Relations Board.

San manuel indian bingo and casino