CHAPTER 22-3
LABOR ORGANIZATIONS PROHIBITED
22-3-1 Labor Organizations Are Prohibited.
(A) General Prohibition of Labor Organizations. The Nation’s interest in maintaining its self-government and the stability of its tribal government and in controlling economic activity affecting its government, its enterprises and its members, requires that the Nation exercise its self-government authority, territorial management and independence by prohibiting the formation or operation of any labor organization, labor union or association applicable to employment with the Nation applicable to employment with the Nation’s tribal government or in any of the Nation’s enterprises, and requires that the Nation exercise its fundamental right to exclude from its Reservation those who would violate its laws that are designed to preserve and protect its right to self-government, including the provisions of this chapter.
(B) Actions Specifically Prohibited. For purposes of employment within the scope of subsection (A) of this section:
(1) No person shall be required to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment.
(2) No person, as a condition of employment or continuation of employment, shall be required to pay any dues, fees, or other charges of any kind to any labor union or labor organization or to pay to any charity or other third party, in lieu of such payments, any amount equivalent to or a pro rata portion of dues, fees, assessments or other charges regularly required of members of a labor organization.
(3) No person shall be required, as a condition of employment or continuation of employment to be recommended, approved, referred, or cleared by or through a labor organization.
(4) It shall be unlawful to deduct from the wages, earnings or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization.
(5) It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer or agent thereof, by any threatened or actual intimidation of an employee or prospective employee or his parents, spouse, children, grandchildren, or any other persons residing in the employee’s or prospective employee’s home, or by any damage or threatened damage to his property, to compel or attempt to compel such employee or prospective employee to join, affiliate with, or financially support a labor organization. It shall be unlawful to cause or attempt to cause such employee to be denied employment or discharged from employment because of nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employee.
(6) Any agreement, understanding or practice, written or oral, implied or expressed, between any labor organization and an employer which violates the provisions of this code is hereby declared to be against public policy, an illegal combination or conspiracy in restraint of trade, null and void and of no legal effect. Any strike, picketing, boycott, or other action by a labor organization for the sole purpose of inducing or attempting to induce an employer to enter into any agreement prohibited by this code is hereby declared to be for an illegal purpose and is a violation of this code.
(Amended by PBP TC No. 2016-422, December 15, 2016)
22-3-2 Additional Violations of This Code.
In addition to any violations already specified in this code, it shall be a violation of this code for any person to:
(A) Coerce or intimidate any employee in the enjoyment of his or her legal rights expressed by this code; coerce or intimidate any elected or appointed tribal official; or intimidate the family, picket the domicile, or injure the person or property of any employee or tribal official;
(B) Engage in picketing in any manner which constitutes a tribal offense, including picketing in a manner to prevent ingress to and egress from any premises.
(Amended by PBP TC No. 2016-422, December 15, 2016)