(a) 
Strikes: Civil Actions, Penalties, Decertification and Exclusion. Any public employee or labor organization, and any employee or agent of any labor organization, that violates, or seeks to violate, the prohibition against strikes set forth in section 27.01.03 shall be subject to a complaint by the affected public employer for declaratory and injunctive relief before the Community Court. Upon a finding of any such violation by a labor organization or any person acting on behalf of a labor organization, the Community Court may impose a civil fine against the labor organization, not to exceed $5,000 for each violation. Upon a finding of any such violation by a public employee, the Community Court may impose a civil fine against the employee not to exceed $1,000 for each violation, and the employer of such public employee shall have the right to suspend or terminate the employment of such public employee. Any labor organization found by the Community Court to be in violation of the prohibition against strikes shall be deemed decertified from representing any public employees and shall further be deemed not legally entitled to be present within Tribal Territory and subject to exclusion on a temporary or permanent basis.
(b) 
Lock Outs: Civil Actions. A public employee or labor organization shall have the right to seek declaratory and injunctive relief before the Community Court against public employers to enforce the prohibition against lock outs set forth in section 27.01.04 Upon a finding by the Community Court that a public employer has violated section 27.01.04, the Community Court may award such employee or labor organization attorney fees and costs.
(c) 
Licenses: Civil Actions, Penalties, Exclusions. Any labor organization that (1) engages in activities that require a license under this Law without such a license or (2) violates the terms of a license issued by the Gaming Commission in accordance with this Law or the Commission’s regulations shall be subject to a complaint before the Community Court by the Tribe, through its General Counsel, for declaratory and injunctive relief. Any labor organization found by the Community Court to have violated the licensing requirements of this Law, the terms of a license, or the regulations of the Gaming Commission governing such licensure shall be subject to a civil penalty, not to exceed $5,000. Any labor organization found by the Community Court to be in violation the licensing requirements of this Law, the terms of a license issued by the Gaming Commission, or the regulations of the Gaming Commission governing such licensure shall be deemed not legally entitled to be present within Tribal Territory and subject to exclusion on a temporary or permanent basis.
(d) 
Community Court Declaratory Authority.
(i) 
Unresolved disputes between management and an exclusive bargaining representative over the duty to bargain in good faith, involving a controversy over whether a subject conflicts with the laws of the Tribe, may be brought by either party to the Community Court for resolution by declaratory judgment.
(ii) 
Unresolved disputes regarding an alleged conflict between a provision of a collective bargaining agreement and the laws of Tribe may brought by a party with standing (including the affected public employer or labor organization, an affected public employee) to the Community Court for resolution by declaratory judgment.
(iii) 
Should the Community Court find that a party’s request for declaratory judgment under subsection d(i) or d(ii) of this section 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 appeal.
(Res. 11-A-015, 3/8/2011)