The other two circuit courts that have considered the issue have also upheld the NLRB jurisdiction. found that none of those exceptions were pertinent in this case. Under Coeur d’Alene, a federal law of general applicability, such as the NLRA, applies to tribes unless: (1) the law touches exclusive rights of self-governance in purely intramural matters (2) application of the law would abrogate rights guaranteed by Indian treaties or (3) there is proof by legislative history or some other means that Congress intended the law not to apply to Indians on their reservations. 1985) the NLRB had jurisdiction over the Casino owned by the federally recognized Pauma Tribe and located on Pauma reservation lands. Coeur d’Alene Tribal Farm 751 F.2d 1113 (9th Cir. decided on April 26, 2018, that under the test established in Donovan v. Indian tribes continue to challenge the NLRB's jurisdiction over casinos located on Indian lands and courts continue to side with the NLRB.
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