Chapter 9.20
RIGHT TO WORK
Sections:
9.20.030 Right to Work or Employment Without Membership in Labor Organization.
9.20.050 Civil Liability of Person Violating Article.
9.20.060 Injunctive Relief from Injury Resulting from Violation of Article.
9.20.010 Preamble.
The Tulalip Tribes is committed to preserving the resources of the Tribes, its members and the Tribal community, through encouraging employment, providing for a wide range of public services, and maintaining peace and good order within the sovereign jurisdiction of the Tribes. Pursuant to the inherent sovereign powers of the Tribes and the powers expressly delegated to the Board of Directors by the Constitution and Bylaws of the Tribes, the Tribes recognizes the need for creating this chapter which protects and guarantees the rights of employees to have full employment opportunity on the Reservation. [Ord. 131 § 1, 7-12-2007 (Res. 2007-185)].
9.20.020 Definitions.
In this chapter, unless the context otherwise requires:
(1) “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
(2) “Person” includes one or more individuals, a corporation, association, company, firm or labor organization. [Ord. 131 § 2, 7-12-2007 (Res. 2007-185)].
9.20.030 Right to Work or Employment Without Membership in Labor Organization.
(1) No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the Tribes or any governmental subdivision thereof, or any corporation, individual, or association existing or by license or otherwise operating on the Tulalip Indian Reservation, enter into an agreement, written or oral, which excludes a person from employment or continuation of employment on the Tulalip Indian Reservation because of nonmembership in a labor organization.
(2) No person shall be required, as a condition of employment or continuation of employment on the Tulalip Indian Reservation, to: (a) resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization; (b) become or remain a member of a labor organization; (c) pay dues, fees, assessments or other charges of any kind or amount to a labor organization; (d) pay to any charity or other third party, in lieu of such payments, any amount equivalent to dues, fees, assessments or other charges regularly required of members of a labor organization; or (e) be recommended, approved, referred or cleared through a labor organization. [Ord. 131 § 3, 7-12-2007 (Res. 2007-185)].
9.20.040 Illegality of Acts or Agreements Violating Article – Strike or Picketing for Illegal Purpose.
(1) Any act or provision in an agreement which is in violation of this chapter is illegal and void.
(2) Any strike or picketing to force or induce an employer to make an agreement orally or in writing in violation of this chapter is for an illegal purpose.
(3) Any act by any person, employee, labor organization, or officer, agent or member thereof, of threatened or actual interference with a person, his immediate family or his property, to compel or attempt to compel such person to join a labor organization, to strike against his will or to leave his employment is unlawful and prohibited by this chapter. [Ord. 131 § 4, 7-12-2007 (Res. 2007-185)].
9.20.050 Civil Liability of Person Violating Article.
A person who violates any provision of this chapter, or who enters into an agreement containing a provision declared illegal by this chapter, or who brings about the discharge of or denial of employment to any person because of nonmembership in a labor organization shall be liable to the person injured as the result of such act or provision and may be sued therefor in Tulalip Tribal Court, and in such action any labor organization, subdivision or local thereof shall be bound by the acts of its duly authorized agents acting within the scope of their authority, and may sue or be sued in its common name. [Ord. 131 § 5, 7-12-2007 (Res. 2007-185)].
9.20.060 Injunctive Relief from Injury Resulting from Violation of Article.
A person injured or threatened with injury by an act declared illegal by this chapter shall, notwithstanding any other provision of law to the contrary, be entitled to injunctive relief therefrom. [Ord. 131 § 6, 7-12-2007 (Res. 2007-185)].