[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
(a) The authority for the establishment of Labor Standards is taken pursuant to the Tribe's sovereign status; the Tribal Constitution, adopted pursuant to the Indian Reorganization Act, Section 16 (48 Stat. 984); the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et. seq.; the Revenue Allocation Ordinance adopted by the GTB and approved by the Secretary of the Interior pursuant to the authority contained in the IGRA [18 G.T.B.C. Chapter
16]; and the compact between the Grand Traverse Band of Ottawa and Chippewa Indians and the State of Michigan [see Appendix to this title]; and
(b) The application of general federal statutes to Indian tribes and
tribal organizations covering labor relations is currently in dispute
with a conflict among the 7th, 8th, 9th and 10th Circuit Courts of
Appeal. The 6th Circuit Court of Appeals has not directly addressed
the issue; and
(c) The EDC recognizes the interests promoted by both the policy of tribal
sovereignty and the policy of labor standards adopted by the federal
government.
(d) The Tribe hereby creates and establishes the following Labor Standards
for all gaming operations of the EDC.
[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
The casino, restaurant, lodging and administration divisions
of the EDC shall pay 1 1/2 times the employee's regular
rate for hours worked in a work week beyond 40 hours.
[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
A work week consists of seven consecutive twenty-four-hour periods,
i.e., 168 consecutive hours, designated by the business needs of the
respective divisions of the EDC.
[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
All regular hourly employees in a non-supervisor position shall
be covered by § 1502.
[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
(a) All executive, administrative, and professional employees of EDC
gaming operations are exempt from overtime payment requirements.
(b) Executive employees have a primary management duty and regularly
direct the work of two or more employees or have the authority to
hire, fire, or promote employees.
(c) Administrative employees do office work or non-manual work directly
related to management operations.
(d) Professional employees do work that requires advanced training.
[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
(a) The EDC shall comply with the minimum and maximum wage set by the
Tribal Council.
(b) The current minimum wage [March 1996] is $6/hour for positions not
eligible for participation in the tip pool.
(c) For positions eligible for participation in the tip pool, the minimum
wage is $2/hour.
(d) The maximum wage is a multiple of 5.5 times the minimum wage of $6/hour.
[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
Division managers shall develop appropriate chain of command
policies for the authorization of overtime.
[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
For employees who participate in the tip pool, overtime compensation
rates shall be calculated from the employee's base rate prior
to adding in the tip pool.
[History: Gaming Code adopted by Tribal Council on October
1, 1993, as amended by Tribal Council on April 22, 1997, and as amended
by Tribal Act #98-16.635, enacted by Tribal Council in Special Session
on August 31, 1998.]
(a) The division managers shall comply with the procedures established
by the Accounting Department to comply with recordkeeping.
(b) Enforcement shall be the responsibility of the EDC which may delegate
this responsibility to a "labor specialist" familiar with the federal
and state policy on labor matters.
(c) This delegation shall not be construed to mean that federal or state
labor laws apply to the EDC. However, the labor specialist may use
such laws for analogical reasoning purposes.