Tribal Labor Sovereignty Act of 2015

Floor Speech

Date: Nov. 17, 2015
Location: Washington, DC

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Mr. Speaker, I want to also say to my friend from Tennessee (Mr. Roe), he and I are good friends and have done a lot of work together, but on this we disagree.

I want to say, Mr. Speaker, that if the National Labor Relations Act were at issue on this floor today, my belief is--I may be wrong--that many of the people who will vote for this bill would be for repealing the National Labor Relations Act. That is a fair place to be, I suppose, but that is essentially what we are talking about here.

I can't think of anyone in this House who does not believe strongly in the principle of protecting the sovereignty of American tribes and their governments. I know surely that is where I am. I presume all 434 of my colleagues are there. It is the least we can do, having treated the Native Americans so badly when we got here and thereafter.

We agree that when tribal governments are carrying out inherently government functions--that is the key. It is the key for the courts; it ought to be the key for us--their sovereignty is fully, and should be, secure under current law. But this bill goes a lot further than reinforcing that understanding.

Instead, this bill extends the current understanding of sovereignty not from what it is, but it is in an effort to undermine the rights for working men and women in this country, which is why, for all Americans, we cannot get a minimum wage bill on this floor, which is $7.25, which is now 7 years in being, and would be, if we paid the same in 1968 for the minimum wage, $10.68 today. It is the same principle, we can't get it on the floor. For all Americans--not just Indian Americans--for all Americans, Native Americans, it undermines their rights, rights that every Member of this House also ought to support.

Democrats are proud to stand shoulder to shoulder with Native American tribal communities across this country, and we are going to continue working with them to fight for more investment in education. Hear me. We need to put our money where our mouth is: Native American housing, health care, education, along with continuing to protect their sovereignty in governing themselves according to their cultures and traditions.

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Mr. Speaker, what we do not support is taking away protections from American workers, Native and non-Native alike, who work in commercial enterprises owned by tribes. All of our people deserve the chance to earn a decent living, be safe at work, and reach for a better life. This bill is not a step in the right direction.

Courts have ruled that tribes must also comply with other laws. I want to adopt the comments of the gentlewoman from Illinois.

Courts have ruled that tribes must also comply with the Fair Labor Standards Act and the Occupational Safety and Health Act and many criminal laws, among others. Should we repeal that and have unhealthy working conditions in commercial enterprises? Perhaps that is the next bill you will bring forward in the name of Native sovereignty.

Why is the NLRA being singled out from among these laws of general applicability by the proponents of this bill? I suggested why at the beginning of my comments: because that side does not support National Labor Relations Act rights.

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Mr. HOYER. Given that there is no logical distinction to explain why these other laws should apply to tribes but the NLRA should not, the only plausible explanation is that this legislation is a precursor of other legislation and says, once again, we do not support the rights of Americans to collectively bargain for pay, benefits, safety, and working conditions.

Mr. Speaker, I urge my colleagues to send a strong and unequivocal message--two messages: A, we support strongly the sovereignty of our tribes, but, secondly, we also support the decency and safety and pay of working Americans, tribes and non-tribes alike.

I urge my colleagues to vote ``no.''

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