SOARING EAGLE CASINO AND RESORT v. N.L.R.B.

Nos. 14-2405, 14-2558.

791 F.3d 648 (2015)

SOARING EAGLE CASINO AND RESORT, an Enterprise of the Saginaw Chippewa Indian Tribe of Michigan, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2015.


Attorney(s) appearing for the Case

ARGUED: William A. Szotkowski , Hogen Adams PLLC, St. Paul, Minnesota, for Petitioner/Cross-Respondent. Kira D. Vol , National Labor Relations Board, Washington, D.C., far" Respondent/Cross-Petitioner. ON BRIEF: William A. Szotkowski , Jessica Intermill , Hogen Adams PLLC, St. Paul, Minnesota, Sean Reed, Saginaw Chippewa Indian Tribe, Mt. Pleasant, Michigan, for Petitioner/Cross-Respondent. Kira D. Vol , Linda, Dreehen, National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner. Jennifer H. Weddle , Tory A. Eid , Maranda S. Compton , Greenberg Traurig, LLP, Denver, Colorado, Alan E. Schoenfeld , Wilmer Cutler Pickering Hale and Dora LLP, New York, New York, Sarah Krakoff , University Of Colorado Law School, Boulder, Colorado, Lloyd B. Miller , Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C., for Amici Curiae.

O'MALLEY, J., delivered the opinion of the court which DONALD, J., joined, and WHITE, J., joined in all but section III(B). WHITE, J. (pp. 675-77), delivered a separate opinion concurring in part and dissenting in part.


OPINION

This case involves the scope of the National Labor Relations Board's ("Board") jurisdiction over an Indian tribe's operation of a casino on reservation land. The Soaring Eagle Casino & Resort ("Casino"), owned and operated by the Saginaw Chippewa Indian Tribe of Michigan ("the Tribe"), discharged...

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