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Occurrences in the Congressional Record

Entry Title Date
Unanimous Consent Request—S. 248 December 17, 2015
Jerry Moran, R-KS
"Mr. President, I wish to address my colleagues on the National Labor Relations Act. It was enacted in 1935, and that legislation exempted Federal, State, and local governments but did not explicitly mention Native American governments from the provisions of the act. As a matter of sovereignty, Indian tribes—tribes across the country—should be excluded from the provisions of the NLRB. For 70 years, the NLRB honored the sovereign status, and it accorded them the rights they are entitled to under the Constitution of the United States."
Tribal Labor Sovereignty Act Of 2015 November 17, 2015
Gwen Moore, D-WI
"Nowhere in the NLRA are Indian tribes mentioned. For nearly 60 years, the NLRB treated tribes as local units of government and the Board declined to apply the NLRA over tribal activities in Indian Country. However, in 2004, the NLRB abruptly reversed course with the San Manuel ruling, asserting that the NLRA does apply to tribal enterprises. The ruling meant that tribes would no longer be treated as local units of government."
Providing For Consideration Of H.R. 1737, Reforming Cfpb Indirect Auto Financing Guidance Act; Providing For Consideration Of H.R. 511, Tribal Labor Sovereignty Act Of 2015; And For Other Purposes November 17, 2015
Tom Cole, R-OK
"In addition, and more importantly to me, Mr. Speaker, the rule provides for consideration of H.R. 511, the Tribal Labor Sovereignty Act of 2015. When Congress passed the National Labor Relations Act in 1935, it specifically recognized all governments were excluded. Subsequent regulations and case law further recognized this exemption applies to territories, possessions, the District of Columbia, and State-operated port authorities. From the 1970s until 2004, the NLRB recognized that tribal governments are exempt from the NLRA as sovereign governments. Unfortunately, in 2004, the NLRB decided to reverse 69 years of prior precedent and strip tribes of their ability of self-government."
Joint Employer Decision October 8, 2015
Lamar Alexander, R-TN
"Mr. President, I ask unanimous consent to have printed in the Record a copy of my remarks to the Committee on Health, Education, Labor, and Pensions at the hearing titled, “Stealing the Dream of Business Ownership: The NLRB‘s Joint Employer decision.”"
Energy And Water Development And Related Agencies Appropriations Act, 2016—Motion To Proceed October 7, 2015
Lamar Alexander, R-TN
"But despite that, I want you to know what this body has accomplished. In the last 7 months or 8 months we passed the Keystone Pipeline. The President vetoed it. We overruled the ambush elections rule from the NLRB, and the President vetoed it."

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