§ 3-207 Tribe and union right to free speech.
A. The Tribe’s and union’s expression of any view, argument or opinion or the dissemination thereof, whether in written, printed, graphic or visual form, shall not constitute or be evidence of interference, restraint, or coercion if such expression contains no threat of reprisal or force or promise of benefit.
B. The Tribe agrees that if a union first offers in writing that it and its local affiliates will comply with subsections (B)(1) and (B)(2) of this section, the Tribe shall comply with the provisions of subsections (C) and (D) of this section.
1. For a period of three hundred sixty-five (365) days following delivery of a notice of intent to organize (NOIO) to the Tribe:
a. Not engage in strikes, picketing, boycotts, attack websites, or other economic activity at or in relation to the tribal casino or related facility; and refrain from engaging in strike-related picketing on Indian lands as defined in 25 U.S.C. § 2703(4);
b. Not disparage the Tribe for purposes of organizing eligible employees;
c. Not attempt to influence the outcome of a Tribal Government election; and
d. During the three hundred sixty-five (365) days after the Tribe received the NOIO, the union must collect dated and signed authorization cards pursuant to Section 3-210 and complete the secret ballot election also in Section 3-210. Failure to complete the secret ballot election within the three hundred sixty-five (365) days after the Tribe received the NOIO shall mean that the union shall not be permitted to deliver another NOIO for a period of two (2) years (seven hundred thirty (730) days).
2. Resolve all issues, including collective bargaining impasses, through the binding dispute resolution mechanisms set forth in Section 3-213.
C. Upon receipt of a NOIO, the Tribe shall:
1. Within two (2) days provide to the union an election eligibility list containing the full first and last names of the eligible employees within the sought-after bargaining unit and the eligible employees’ last known addresses and telephone numbers and email addresses;
2. For a period of three hundred sixty-five (365) days thereafter, the Tribe will not do any action nor make any statement that directly or indirectly states or implies any opposition by the Tribe to the selection by such employees of a collective bargaining agent, or preference for or opposition to any particular union as a bargaining agent. This includes refraining from making derisive comments about unions; publishing or posting pamphlets, fliers, letters, posters or any other communication which could reasonably be interpreted as criticizing the union or advising eligible employees to vote “no” against the union. However, the Tribe shall be free at all times to fully inform eligible employees about the terms and conditions of employment it provides to employees and the advantages of working for the Tribe; and
3. Resolve all issues, including collective bargaining impasses, through the binding dispute resolution mechanisms set forth in Section 3-213.
D. The union’s offer in subsection (B) of this section shall be deemed an offer to accept the entirety of this chapter as a bilateral contract between the Tribe and the union, and the Tribe agrees to accept such offer. By entering into such bilateral contract, the union and Tribe mutually waive any right to file any form of action or proceeding with the National Labor Relations Board for the three hundred sixty-five (365) day period following the NOIO.
E. The Tribe shall mandate that any entity responsible for all or part of the operation of the casino and related facility shall assume the obligations of the Tribe under this chapter. If at the time of the management contract, the Tribe recognizes a labor organization as the representative of its employees, certified pursuant to this chapter, the labor organization will provide the contractor, upon request, the election officer’s certification which constitutes evidence that the labor organization has been determined to be the majority representative of the Tribe’s eligible employees. (Res. 2019-23)