(a) 
Except as otherwise provided by this Law, if a labor organization is lawfully elected to be the exclusive bargaining representative of a bargaining unit of public employees,
(i) 
The exclusive bargaining representative shall represent all the public employees within the unit without regard to membership in the organization, provided that any public employee may present his/her grievance to the public employer and have such grievance adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect and if the bargaining agent’s representative has been given reasonable opportunity to be present at any meeting of the parties called for the resolution of such grievance;
(ii) 
Management and the exclusive bargaining representative shall bargain in good faith on wages, hours and other terms and conditions of employment, provided that (A) neither management nor the exclusive representative shall be required to agree to a proposal or to make a concession and (B) management decisions to hire, to layoff, to recall, or to reorganize duties shall not constitute “other terms and conditions of employment” under this subsection; and
(iii) 
Management and the exclusive bargaining representative shall enter into written collective bargaining agreements.
(b) 
Bargaining over matters that would conflict with the Laws of the Tribe is prohibited, and in the event of a conflict between the provisions of an agreement entered into by a public employer and the exclusive representative in collective bargaining and the Laws of the Tribe, the Laws of the Tribe shall prevail.
(Res. 11-A-015, 3/8/2011)
Public employees have the right to organize for the purposes of collective bargaining and representation. This right shall be deemed analogous to the rights afforded public sector employees under public sector labor relations laws governing states, unless such laws conflict with the Laws of the Tribe.
(Res. 11-A-015, 3/8/2011)
No person shall be required, as a condition of employment within a public employer to: (i) resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization; (ii) become or remain a member of a labor organization; (iii) pay dues, fees, assessments or other charges of any kind or amount to a labor organization; (iv) pay to any charity or other third party, in lieu of such payments any amount equivalent to or a pro-rata portion of dues, fees, assessments or other charges regularly required of members of a labor organization; or (v) be recommended, approved, referred or cleared through a labor organization.
Any such agreement shall be void and unenforceable.
(a) 
Declaration and Findings. The abuse of alcohol and both legal and illegal drugs within the public employers harms the health, safety and welfare of the Tribe and its members. The Tribe’s regulation of the abuse of alcohol and both legal and illegal drugs within public employers is critical to the health, safety, and welfare of the Tribe and its members.
(b) 
Prohibition of Collective Bargaining Affecting Alcohol and Drug Testing Policies. Public employers shall have the right to address the terms and conditions for testing public employees for alcohol and drug use, consistent with the laws of the Tribe, and such policies shall not be subject to bargaining with any labor organization.
(Res. 11-A-015, 3/8/2011)
(a) 
A public employer is prohibited from:
(i) 
Interfering with, restraining, or coercing public employees in the exercise of their rights guaranteed under section 27.03.02.
(ii) 
Encouraging or discouraging membership in any labor organization by discrimination in regard to hiring, tenure, or other conditions of employment.
(iii) 
Refusing to bargain collectively, failing to bargain collectively in good faith or refusing to sign a final agreement agreed with an exclusive bargaining representative.
(iv) 
Discharging or discriminating against a public employee because he or she has exercised rights guaranteed under section 10 or signed or filed an affidavit, petition, or complaint or given any information or testimony in any proceeding provided by this Law or by regulation of the Commission.
(v) 
Dominating, interfering with, or assisting in the formation, existence, or administration of, any labor organization or contributing financial support to such an organization.
(vi) 
Refusing to discuss grievances in good faith pursuant to the terms of the collective bargaining agreement with either the exclusive bargaining representative or the employee involved.
(b) 
A labor organization, its officers, representatives, agents, or members are prohibited from:
(i) 
Interfering with, restraining, or coercing public employees in the exercise of the rights provided by section 27.03.02.
(ii) 
Causing or attempting to cause a public employer to discriminate against a public employee because of the employee’s membership or non-membership in a labor organization or attempting to cause a public employer to violate the rights of public employees provided by section 27.03.02.
(iii) 
Refusing to bargain collectively or failing to bargain collectively in good faith with management or refusal to sign a final agreement with management
(iv) 
Discriminating against a public employee because he or she has exercised rights guaranteed under section 27.03.02 or signed or filed an affidavit, petition, or complaint or given any information or testimony in any proceeding provided for in this Law or by regulation of the Commission.
(v) 
Participating in a strike against a public employer or instigating or supporting, in any positive manner, a strike. Any violation of this paragraph shall subject the violator to the civil penalties provided by this Law.
(c) 
Notwithstanding the provisions of subsections (a) and (b), persons shall have the right to voice their views consistent with the protections afforded by the Tribe’s laws, and the expression of any arguments or opinions shall not constitute, or be evidence of, an unfair labor practice or of any other violation of this Law, provided that such expression contains no promise of benefits or threat of reprisal or force.
(Res. 11-A-015, 3/8/2011)
(a) 
Charges Involving Management or an Exclusive Representative.
(i) 
Charges, Notice, Good Faith Effort to Reach Early Resolution.
(A) 
Prior to the commencement of any unfair labor practice charge by management or an exclusive bargaining representative, the complaining party shall notify the other party, in writing of the alleged factual basis for the charge and the requested remedy. The recipient party shall respond in writing within 10 days of receipt of such written allegations. Management and the exclusive bargaining representative shall then make a good faith effort to resolve the alleged violation. This good faith effort shall include each party providing the other with voluntary information, provided that information that a party claims is confidential need not be disclosed so long as the party claiming confidentiality states that it is withholding certain information under a claim of confidentiality subject to disclosure only pursuant to subsection (d).
(B) 
If such good faith efforts do not result in resolution of the charge, the objecting party may proceed to arbitration .
(ii) 
Arbitration.
(A) 
If a claim is not resolved under subsection (a)(i), charges of violations of unfair labor practices, including the duty to bargain in good faith, provided by this Title shall be brought before an arbitrator, mutually agreed to and paid for by the exclusive bargaining representative and the public employer, within 15 days of the receipt by either party of a written demand for arbitration or such later time as the arbitrator may promptly schedule a hearing. If the parties are unable to agree upon an arbitrator, they shall use the American Arbitration Association (AAA) labor arbitrator selection procedure, provided that any arbitrator selected through the AAA labor arbitrator selection procedure shall be a member of the National Academy of Arbitrators.
(B) 
The selected arbitrator shall apply the law of the Tribe to resolve the charge, but in the absence of such law, the arbitrator shall apply persuasive authority governing public sector labor relations.
(C) 
The arbitrator’s decision shall be in writing and mailed to the parties, return receipt requested within 30 days of the completion of arbitration. Except as provided by subsection (a)(iii), the arbitrator’s decision shall be final and binding upon the parties.
(D) 
Unless otherwise agreed to in writing by the public employer and the exclusive bargaining representative, if the arbitrator’s decision is in favor of the public employer on every issue, the exclusive bargaining representative shall pay the fee of the arbitrator (and the arbitrator’s decision shall so provide) and if the arbitrator’s decision is in favor of the exclusive bargaining representative on every issue, the public employer shall pay the fee of the arbitrator (and the arbitrator’s decision shall so provide). Otherwise, the arbitrator shall allocate the cost of the arbitrator’s services between the parties in accordance with the issues on which they have prevailed or not prevailed, and they shall pay their respective share of the arbitrator’s fee in accordance with the arbitrator’s decision.
(iii) 
Judicial Review.
(A) 
A party who claims that the arbitrator’s decision is in violation of, or conflicts with, the laws of the Tribe or is procured by corruption, fraud or other undue or illegal means, may, within 10 days of receipt of the arbitrator’s decision, bring a petition for review of the arbitrator’s decision to the Community Court for resolution by that member or the Court who is licensed to practice law.
(B) 
In any such review, the Court shall be to limited to review for errors of law and the issuance of an order affirming the arbitrator’s decision or correcting it for legal error as is necessary to render it in compliance with the law of the Tribe.
(C) 
Should the Court find that a party’s petition for review is frivolous or imposed solely for delay, it may impose sanctions upon such party, which may include paying for the attorney fees and costs incurred by the other party as a result of the petition.
(D) 
The decision of the Community Court shall be final and there shall be no right of appeal to the Court of Appeals.
(iv) 
Time Limits. No unfair labor practice charge shall proceed to arbitration or judicial review under subsections (a)(ii) or (a)(iii) unless a demand is made under subsection (a)(ii)(A) no later than 180 days after the alleged action constituting the alleged unfair labor practice.
(b) 
Charges of Discrimination by Public Employees. A public employee who believes he or she has been subjected to unlawful discrimination in violation of section 27.03.07(a)(iv) or section 27.03.07(b)(iv) shall have the right to adjudicate such a claim as an unfair labor practice before an arbitrator in accordance with the procedures and time limitations set forth in subsections (a)(ii)-(iv). Upon a finding by the arbitrator that a public employee has been subjected to such unlawful discrimination, the arbitrator may award such remedies as will make the employee whole, including an award of attorney fees; provided, however, that the arbitrator shall have no power to reinstate a public employee who is terminated for cause or to award damages.
The arbitrator’s decision may be subject to judicial review in accordance with subsection (a)(iii).
(c) 
Claims for Breach of Duty of Fair Representation. A public employee within a bargaining unit, who claims that an exclusive bargaining representative has breached its duty of fair representation shall have the right to adjudicate such a claim as an unfair labor practice before an arbitrator in accordance with the procedures and time limitations set forth in section subsection (a)(i)-(iv).
Upon a finding by the arbitrator that a public employee has been subjected to such a breach, the arbitrator may award such remedies as will make the employee whole, including an award of attorney fees; provided, however, that the arbitrator shall have no power to reinstate a public employee who is terminated for cause or to award damages.
The arbitrator’s decision may be subject to judicial review in accordance with section (a)(iii).
(d) 
Privileged Information. In submitting to the procedures under this section, no public employer shall be required to disclose information that it deems confidential without a protective order issued by the Community Court or a confidentiality agreement entered into by the parties.
(Res. 11-A-015, 3/8/2011)