Casino PAUMA, an Enterprise of the Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation, a federally recognized Indian Tribe, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent,
Unite Here International Union, Intervenor.
National Labor Relations Board, Petitioner,
v.
Casino Pauma, an Enterprise of the Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation, a federally recognized Indian Tribe, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 9, 2017, Pasadena, California.
Filed April 26, 2018.
Attorney(s) appearing for the Case
Cheryl Ann Williams (argued) and Kevin M. Cochrane, Williams & Cochrane LLP, Temecula, California, for Petitioner.
Heather Stacy Beard (argued), National Labor Relations Board, Washington, D.C.; Kristin L. Martin (argued) and Richard G. McCracken, McCracken Stemerman & Holsberry LLP, San Francisco, California; for Intervenor.
Linda Dreeben, Deputy Associate General Counsel; John H. Ferguson, Associate General Counsel; Jennifer Abruzzo, Deputy General Counsel; Richard F. Griffin Jr., General Counsel; Heather S. Beard, Attorney; Jill A. Griffin, Supervisory Attorney; National Labor Relations Board, Washington, D.C.; for Respondent.
Lloyd B. Miller and Rebecca A. Patterson, Sonosky Chambers Sachse Miller & Munson LLP, Anchorage, Alaska; Frank S. Holleman, Sonosky Chambers Sachse Endreson & Perry LLP, Washington, D.C.; for Amici Curiae Fort Peck Assiniboine and Sioux Tribes, Port Gamble S'Klallam Tribe, Puyallup Tribe, and Quinault Indian Nation.
Dorothy Alther and Mark Radoff, California Indian Legal Services, Escondido, California; Denise Turner Walsh, Attorney General, Rincon Band of Luiseño Indians, Valley Center, California; for Amici Curiae California Nations Indian Gaming Association, Southern California Tribal Chairmen's Association, California Association of Tribal Governments, and Rincon Band of Luiseño Indians.
Before: Richard Linn, Marsha S. Berzon, and Paul J. Watford, Circuit Judges.
OPINION
BERZON, Circuit Judge:
We consider whether the National Labor Relations Board ("NLRB" or "the Board") may regulate the relationship between employees working in commercial gaming establishments on tribal land and the tribal governments that own and manage those establishments. After addressing various preclusion questions, we uphold...
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