House Education and Labor Committee advances bill clarifying NLRA coverage for tribal enterprises

The House Committee on Education and Labor voted to report HR 1723, the Tribal Labor Sovereignty Act, sending the bill to the full House with an amendment after debate and a recorded vote.

The bill, described in committee as intended to “make clear that the National Labor Relations Act does not apply to Indian tribes or any enterprise or institution owned and operated by an Indian tribe on tribal land,” was offered with an amendment in the nature of a substitute and agreed to in committee. Proponents said the measure restores a pre-2004 standard and clarifies that tribal governments have autonomy to set labor relations for enterprises on tribal lands.

Representative Messmer (explaining an amendment in the nature of a substitute) said the National Labor Relations Board’s 2004 reversal of earlier precedent had produced uncertainty and “jeopardiz[ed] the revenues and jobs that tribal owned enterprises generate.” Representative Messmer urged colleagues to adopt the substitute amendment to restore what he described as respect for tribal sovereignty.

Opponents, including Representative Adams, spoke in strong opposition. Representative Adams said the bill “claims to support the rights of indigenous people, but in reality, it's just another ... giveaway to wealthy bosses at the expense of workers,” and warned the measure would strip many employees of rights under the NLRA.

Representative Scott, the committee's ranking member, also opposed the bill. He said the National Labor Relations Board’s San Manuel standard provided an “even-handed approach to balance tribal sovereignty while ensuring workers’ rights to organize,” and he warned HR 1723 would strip “hundreds of thousands of workers employed at any enterprise owned and operated by an Indian tribe and located on tribal lands” of NLRA protections.

After debate the committee chair moved to report HR 1723 as amended to the House. A recorded vote was held; the clerk announced the tally as 19 yeas and 16 nays and the committee’s motion to report the bill passed.

The committee’s action transmits the bill and accompanying material to the House. The committee record shows debate focused on balancing tribal sovereignty and the statutory rights of employees; members on both sides urged that tribal autonomy and worker protections be weighed in any final House action.

The committee entered a short recess after the markup and later reconvened to record votes on multiple bills.