§ 3-202 Definition of eligible employees.
A. The provisions of this chapter shall apply to any person (hereinafter “eligible employee”) who is employed within a tribal casino in which Class III gaming is conducted pursuant to a tribal-state compact or other related facility, the only significant purpose of which is to facilitate patronage of the Class III gaming operations, except for any of the following:
1. Any employee who is a supervisor, defined as any individual having authority, in the interest of the Tribe and/or employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment;
2. Any employee of the Tribal Gaming Commission;
3. Any employee of the security or surveillance department, other than those who are responsible for the technical repair and maintenance of equipment;
4. Any cash operations employee who is a “cage” employee or money counter; or
5. Any dealer.
B. On July 1 of each year, the Tribal Gaming Commission shall certify the number of eligible employees employed by the Tribe to the administrator of the Tribal Labor Panel. (Res. 2019-23)