About two years ago, we sent out an email blast entitled "The NLRB and Indian Gaming Three Ways" to summarize three cases presenting the issue of whether the NLRB applies to Indian nations. Believe it or not, the Courts of Appeals have yet to issue decisions in these cases.
In 2014, all three cases were in various stages of briefing and argument: those of the Little River Band of Ottawa Indians (LRBOI) and the Saginaw Chippewa Tribe (d/b/a Soaring Eagle Casino Resort) before the U.S. Court of Appeals for the Sixth Circuit, and that of the Chickasaw Nation (d/b/a Winstar World Casino) before the U.S. Court of Appeals for the Tenth Circuit.
On June 26, 2014, the Supreme Court held in NLRB v. Noel Canning, that when the NLRB decided each of the cases, it did not have a proper quorum because certain of President Obama's recess appointments to the National Labor Relations Board were unconstitutional. In light of the Supreme Court decision, all three cases were remanded back to the Board for reconsideration.
Last fall, the Board re-issued decisions in the LRBOI and Saginaw Chippewa Tribe cases, coming out exactly as it had before. Both are back in the Sixth Circuit.
Last year's briefs in all of the cases are available here.