The purpose of this law is to (a) protect the inherent and treaty-protected sovereignty of the Port Gamble S’Klallam Tribe over the use and enjoyment of its lands, including economic activity therein, (b) promote harmonious and cooperative relationships between the Tribe and its employees and between any Tribal Entity and its employees by permitting such employees, if they freely choose, to organize and bargain collectively with regard to the terms and conditions of their employment, (c) protect the health, welfare, and integrity of the Tribe by prohibiting and preventing all strikes by employees against the Tribe or any Tribal Entity and to likewise prohibit lock outs by the Tribe or any Tribal Entity, (d) protect the health, welfare and integrity of the Tribe by licensing any labor organization doing business within Tribal Territory, (e) protect the freedom of employees working for the Tribe or any Tribal Entity to decide whether or not to join a union, (f) ensure that the activities of any labor organization doing business within Tribal Territory comply with the laws of the Tribe, and (g) regulate the activities of labor organizations within Tribal Territory to ensure proper respect for the sovereignty of the Tribe and the health and welfare of its people.
(Res. 11-A-015, 3/8/2011)
Words in this Title shall have the meaning given to them in this section unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Community Court shall construe the meaning of the word in harmony with the purpose of this Title.
(a) 
“Bargaining Unit”
means a unit of employees within a public employer identified as an appropriate unit for representation pursuant to regulations promulgated by the Commission;
(b) 
“Election Official”
means the Election Official appointed by the Tribal Council for the purpose of carrying out the duties of overseeing elections and such other duties enumerated in this law or amendments hereto.
(c) 
“Exclusive Bargaining Representative”
means a labor organization that is lawfully elected to be the exclusive bargaining representative of a bargaining unit within a public employer;
(d) 
“Gaming Commission”
means the Gaming Commission of the Port Gamble S’Klallam Tribe.
(e) 
“Labor Organization” or “Union”
means any organization of employees organized for the purpose of bargaining over hours of employment, rates of pay, working conditions, grievances, or other terms or conditions of employment;
(f) 
“Laws of the Tribe”
means any law of the Port Gamble S’Klallam Tribe or any regulation of any of its commissions;
(g) 
“Lock Out”
means any action by a public employer that prevents employees from going to work for the purpose of coercing employees to accept terms or conditions sought by a public employer in a negotiation with an exclusive bargaining representative;
(h) 
“Management”
means individuals holding supervisory and managerial positions within a public employer, who, because of their supervisory and managerial positions, do not qualify to be within a bargaining unit, and, when context so indicates, such individuals who have been delegated authority by a public employer to negotiate with an exclusive bargaining representative;
(i) 
“Person”
means any individual, labor organization, corporation, partnership or other entity;
(j) 
“Public Employee”
means non-supervisory regular full-time and part-time (working a minimum of four hours per week) employee of a public employer, defined under this Title, excluding all supervisory, managerial, confidential, temporary, seasonal, on call and casual employees;
(k) 
“Public Employer”
means the Tribe or a Tribal Entity;
(l) 
“Strike”
means an employee’s refusal, in concerted action with other employees, to report for duty or to be willfully absent, in whole or in part, from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment. Notwithstanding the provisions of any other law, an employee of a public employer who, by concerted action with others and without the lawful approval of his or her supervisor, willfully absents himself or herself from his or her position, or abstains in whole or in part from the full, faithful and proper performance of his or her duties for the purpose of inducing, influencing or coercing a change in employment conditions, compensation, or the rights, privileges, or obligations of employment shall be considered to be on strike. “Strike” shall also mean any form of picketing or boycotting of a Public Employer within Tribal Territory and any form of a secondary boycott against a Public Employer.
(m) 
“Tribe”
means the Port Gamble S’Klallam Tribe;
(n) 
“Tribal Entity”
means the any governmental entity or instrumentality established by the Tribe and operating in or upon Tribal Territory for the benefit of the Tribe and its members;
(o) 
“Tribal Territory”
means all lands held in Trust for the Tribe and any other land now owned or hereafter acquired by the Tribe in restricted fee status and subject to the protections of the Treaty of Point No Point of 1855 and Section 177 of Title 25 of the United States Code;
(p) 
“Union” or “Labor Organization”
means any organization of employees organized for the purpose of bargaining over hours of employment, rates of pay, working conditions, grievances, or other terms or conditions of employment.
(Res. 11-A-015, 3/8/2011)
Strikes, work stoppages, or slowdowns against public employers are contrary to the health, safety and welfare of the Tribe and its people, and are therefore prohibited. No public employee or labor organization shall cause, instigate, encourage, support or engage in a strike, work stoppage or slowdown with respect to a public employer. No labor organization shall cause, instigate, encourage or support an employee strike against a public employer.
(Res. 11-A-015, 3/8/2011)
(a) 
Findings and Purpose. Labor organizations doing business within Tribal Territory have the potential to affect the distribution of resources generated by the Tribe for its members. Given the unique influence that labor organizations may have upon the economic resources of the Tribe, they have significant potential to affect the health, welfare and political integrity of the Port Gamble S’Klallam tribal community. The purpose of this section is to set forth licensing requirements for labor organizations doing business within Tribal territory to ensure that persons acting on behalf of such labor organizations are devoid of corrupt influences and are of high moral character.
(b) 
Licensing requirements.
(i) 
No labor organization shall engage in organizing employees working for any public employer without a license issued by the Gaming Commission, which shall provide as follows:
(A) 
The conduct of business within Tribal Territory is a privilege, subject to the consent and regulatory authority of the Tribe;
(B) 
The consent of the Tribe to allow such labor organization to conduct business within Tribal Territory is conditioned upon such labor organization’s agreement to be subject to the laws of the Tribe and its regulatory authority, including this Law;
(C) 
In consideration of the Tribe’s consent to such labor organization’s conduct of business within Tribal Territory, such labor organization agrees to (A) comply with all laws of the Tribe,
(D) 
Submit to the jurisdiction of the Tribe, including its Gaming Commission and Community Court, and (C) pay an annual business license fee in the amount of $500.00;
(E) 
Such labor organization agrees that a license issued by the Tribe for conducting business within Tribal Territory may be revoked by the Gaming Commission at any time for any failure to comply with the laws of the Tribe; and
(F) 
Such other requirements as the Gaming Commission may require by regulation.
(ii) 
Subject to the requirements of subsection (a), the Gaming Commission is hereby authorized to promulgate such regulations as it sees fit to investigate and license any labor organization, or any of its representatives or officers, seeking to conduct business within Tribal Territory.
(iii) 
Any person who intentionally makes a false statement to the Gaming Commission shall be deemed to be in violation of this Law and subject to license revocation.
(c) 
Strikes and License Revocation. The license of any labor organization, or that of any of officer or representative of a labor organization, may be revoked by the Gaming Commission, upon notice and opportunity to be heard, if such labor organization, or any of its officers or representatives, engages in a strike.
(Res. 11-A-015, 3/8/2011)