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Show Salt Lake Tribune inday, May 93 1999 A2l Unions Casino Effort Tests Tribe Sovereignty Workers caughtin ‘legal no-man’s land’ BY MICH! THE LLE DeARMOND SOCIATED PRI ANGELES — In a move reminiscent of the labor cam paigns that empowered auto, steel and farm workers decades ago, unions aretrying to organize employeesat increasinglyvisible ca- ‘T’ve had workers call me andsay, ‘Why do I pay taxes to the state of Connecticut if I lose my rights when I step onto the reservation.”” sinos on Indian reservations, a campaign that could test the limits of tribal sovereignty. Edith Prague Connecticut s Indian casinos have witnessed striking growth over the past 10 rs, pulling many tribes out of poverty and creating jobs for an estimated 80,000 Indians and others. Unlike other employees, though, workers on reservations are not protected by US. labor law, including the right to organize, since reservations are nomi- nally independent. ° senator Negotiations are under way be tween that unionandother tribes, including the Manuel Band of MissionIndians The San Manuel casino was the site of a scuffle in February between tribal security and organiz. The outcomeof the organizing mayhelp define a muddled con- ers of the hotel and restaurant cept that has plagued courts and speak with workers and have filed lawmakers since tribal treaties were first inked centuries ago Whatrights comewithIndiansovereignty? ‘These workersexist in this leno-man’s land,” said John Wilhelm, national president of the Hotel Employees and Restaurant Employees Union. Efforts are under wayto orga- nize workers in California, Con- necticut and Wisconsin, although unions have only now begun to maketheir presence felt at some of the nation’s 310 Indian casinos. Across the country, tribal gambling is the nation’s fastest-growing gaming sector. Organizers saythat if they cannot reach agreements with the tribes to organize, they maypursue federal legislation that would bring labor law — such as minimum wage — to the reservations. Manytribes would see such a move asa violation of their independence. Wilhelm, whose union is the most active, comparedtheeffort to the ground-breaking campaigns in the 1930s to organize autoand steel workers — creating the modern labor movement — andin the 1960s to organize farm workers that led to Cesar Cha vez's United Farm Workers Likethose eras, the movement is trying to form unions where noneexist. So far, the tribes have shown somewillingness to at least negotiate with unions, although not with the hotel and restaurant workers union. Part of the resent- ment stems from history. Wilhelm’s union waged acostly battle with a coalition of California tribes last year overaballot ini tiative designed to resolve con flicts over the types of gambling tribes wereallowedto offer The union opposed the mea sure, in part, becauseit failed to mention labor unions and their role in casinos. The union has a lawsuit pending in state court hallenging the measure’s consti ionality Tribal leaders insist they are not opposedto unions, but simply want to negotiate with them on their own terms The Viejas Band of Kumeyaay lians, for instance, agreedto let union. Theorganizers claim they were beaten when they tried to a civil lawsuit against the tribal security officers San Manuel Vice Chairman Ken Ramirez describedthelawsuit as frivolous. San Manuel provides employees with excellent bene- fits, “one of the most generous of any employer” in the region, he said The issue at hand has never with beenlabor but only with [the union] as they attempt to force our employees to submission by using strong-arm and scare tac- tics,” he said. Ramirez’s remarks mirror those madebyothertribal lead- ers. Theyinsist their employees are well taken care of and they resent efforts by the hotel and restaurant union to make the quired between tribes. the state and right to organize a componentof the gambling agreements re- Disgruntled employees disagree, however. Theyecho labor leaders’ concerns that an impar- tial body should look out for workers and handle complaints Currently, the employer and the tribe are one andthe same. Others complain of a lack of sick leave. high costs for health insurance and forced overtime. ‘The union canhelp youto stop the discrimination at work,” said Isidro Ramirez, a 33-year-old dishwasher and cook at the Pe: changacasino in Temeculah, be tween Los Angeles andSan Diego I want the company to respect us and to let us w in a free envi ronment. The same rights that they should have. we also should have Ramirez makes $7.35 an hour E Winning Debut Album at the casino and speaks no Eng lish. He said workers have been told not to speak Spanishor talk to union organizers, and he fears getting fired without recourse Mark Macar chairman, did nc changa tribal ed phonecalls from ‘TheAssociat ed Press. Connecticut state Sen. Edith Prague has heard similar com plaints from workers in that state where the hotel and restaurant union is working to organize the Foxwoods Resort Casino, the country’s largest Indian casino workers call me and io | pay taxes to the Communication Workers of erica organize at its casino rtheast of San Diego, and the ority of the food, beverage usekeeping and maintenance nployees voted for a union earli this year necticut if I lose my I step onto the reser 1 said Prague, a Demo. I'm not opposed to sover y as long as it is usedas a a weapon Toss And Turn 80%Less Featuring LOVE SAVED THE DAY Duet with Award-winning Countryartist Billy Dean FAITH IN YOUR HEART YOU ARE SO BEAUTIFUL 4862 So. Highland Dr. 278-4567 = eres bem the MAY |