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N.L.R.B. v. PUEBLO OF SAN JUAN

Nos. 99-2011, 99-2030.

280 F.3d 1278 (2000)

NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellant, and Local Union No. 1385, Western Council of Industrial Workers, Intervenor-Appellant, v. PUEBLO OF SAN JUAN, Defendant-Appellee. National Right to Work Legal Defense Foundation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 26, 2000.

Attorney(s) appearing for the Case

Nancy E. Kessler Platt of National Labor Relations Board, Washington, D.C. (Frederick L. Feinstein, Linda Sher, Margery E. Lieber and Eric G. Moskowitz with her on the brief) for Plaintiff-Appellant.

Michael T. Garone of Jolles, Bernstein & Garone, Portland, Oregon (Morton S. Simon of Simon, Oppenheimer & Ortiz, Santa Fe, New Mexico, with him on the brief) for Intervenor-Appellant.

Lee Bergen (Wayne H. Bladh, Daniel I.S.J. Rey-Bear, Thomas J. Peckham, with him on the brief) of Nordhaus, Haltom, Taylor, Taradash & Frye, Albuquerque, New Mexico for Defendant-Appellee.

Mickey D. Barnett, Law Offices of Mickey D. Barnett, P.A., Albuquerque, New Mexico and John C. Scully, Springfield, Virginia, filed an amicus curiae brief for the National Right to Work Foundation.

Before MURPHY and HOLLOWAY, Circuit Judges, and COOK, District Judge.

COOK, District Judge.

In this case we are called upon to decide whether the Pueblo of San Juan ("Pueblo"), a federally recognized Indian tribal government, has the authority to enact and enforce a right-to-work tribal ordinance prohibiting union security agreements for companies engaged in commercial activity on tribal lands. The National Labor Relations Board ("NLRB") and Local Union No. 1385, Western Council of Industrial Workers ("Union") seek review of the order...

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