SAN MANUEL INDIAN BINGO AND CASINO v. N.L.R.B.

No. 05-1392.

475 F.3d 1306 (2007)

SAN MANUEL INDIAN BINGO AND CASINO and San Manuel Band of Serrano Mission Indians, Petitioners v. NATIONAL LABOR RELATIONS BOARD, Respondent Unite Here! and State of Connecticut, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 2007.


Attorney(s) appearing for the Case

Jerome L. Levine argued the cause for petitioners. With him on the briefs were Lynn E. Calkins, Frank R. Lawrence, and Todd D. Steenson.

John H. Dossett, Charles A. Hobbs, Seth P. Waxman, Edward C. DuMont, Richard A. Guest, George Forman, Dale T. White, Kaighn Smith, Jr., and C. Bryant Rogers were on the brief for amici Indian Tribes and Tribal Organizations in support of petitioner and reversal of the NLRB's judgment.

David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Meredith L. Jason, Attorney.

Richard G. McCracken argued the cause and filed the brief for intervenor Unite Here! International Union.

Richard Blumenthal, Attorney General, Attorney General's Office for the State of Connecticut, and Richard T. Sponzo, Assistant Attorney General, were on the brief for intervenor State of Connecticut.

Before: GARLAND and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

In this case, we consider whether the National Labor Relations Board (the "Board") may apply the National Labor Relations Act, 29 U.S.C. §§ 151 et seq. (the "NLRA"), to employment at a casino the San Manuel Band of Serrano Mission Indians ("San Manuel" or the "Tribe") operates on its reservation. The casino employs many non...

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