5.60.080 Access to eligible employees.
(a) Access shall be granted to the labor organization for the purposes of organizing eligible employees; provided, that such organizing activity shall not interfere with patronage of the Tribal casino or related facility or with the normal work routine of the eligible employees and shall be done on nonwork time in nonwork areas that are designated as employee break rooms or locker rooms that are not open to the public. The Tribe may require the labor organization and or union organizers to be subject to the same licensing rules applied to individuals or entities with similar levels of access to the Tribal casino or related facility; provided, that such licensing shall not be unreasonable, discriminatory, or designed to impede access.
(b) The Tribe, in its discretion, may also designate additional voluntary access to the labor organization in such areas as employee parking lots and noncasino facilities located on Tribal lands.
(c) In determining whether organizing activities potentially interfere with normal Tribal work routines, the labor organization’s activities shall not be permitted if the Tribal Labor Panel determines that they compromise the operation of the casino:
(1) Security and surveillance systems throughout the casino and Reservation;
(2) Access limitations designed to ensure security;
(3) Internal controls designed to ensure security;
(4) Other systems designed to protect the integrity of the Tribe’s gaming operations, Tribal property and/or safety of casino personnel, patrons, employees or Tribal members, residents, guests or invitees.
(d) The Tribe shall provide to the labor organization, upon a 30 percent showing of interest to the Tribal Labor Panel, an election eligibility list containing the full first and last name of the eligible employees within the sought-after bargaining unit and the eligible employees’ last known address within 10 working days. Nothing herein shall preclude a Tribe from voluntarily providing an election eligibility list at an earlier point of a union organizing campaign.
(e) The Tribe agrees to facilitate the dissemination of information from the labor organization to eligible employees at the Tribal casino by allowing posters, leaflets and other written materials to be posted in nonpublic employee break areas where the Tribe already posts announcements pertaining to eligible employees. Actual posting of such posters, notices, and other materials shall be by employees desiring to post such materials. [Ord. 41 § 8, adopted, 2/19/2015.]