December 17, 2015 05:51 PM

Brown objects to Moran consent request, S.248

Senator Moran asked unanimous consent that the Senate take up and pass Calendar #220, S.248, Tribal Labor Sovereignty Act.

Senator Brown objected to the request.

Unofficial Transcript:

BROWN: MR. PRESIDENT, I RESERVE THE RIGHT TO OBJECT.

THE PRESIDING OFFICER: THE SENATOR FROM OHIO.

BROWN: THANK YOU. I WILL BRIEFLY EXPLAIN THE REASONS THAT I

AM RESERVING THE RIGHT TO OBJECT. I, FIRST OF ALL, THANK YOU,

SENATOR MORAN. I WANT TO SAY AS A FELLOW MEMBER OF THE BANKING

COMMITTEE, WHILE I DISAGREE WITH HIM ON THIS ISSUE, I HAVE --

WE HAVE FOUND MANY THINGS TO WORK WITH TOGETHER ON, AND I'M

VERY APPRECIATIVE OF THAT. AS SENATOR MORAN, I STRONGLY SUPPORT

TRIBAL SOVEREIGNTY AS I KNOW PROBABLY VIRTUALLY EVERYBODY IN

THIS BODY DOES, BUT THIS BILL FRANKLY ISN'T ABOUT TRIBAL

SOVEREIGNTY. IT'S ABOUT UNDERMINING LABOR LAW THAT PROTECTS THE

RIGHTS OF WORKERS TO ORGANIZE AND COLLECTIVELY BARGAIN. WE HAVE

A MIDDLE CLASS IN THIS COUNTRY IN LARGE PART BECAUSE SINCE THE

1930'S SINCE HUGO BLACK SAT AT THIS DESK AND SENATOR WAGNER SAT

AT ANOTHER DESK IN THIS CHAMBER AND WROTE

CTIVE BARGAINING LAWS WE KNOW WHAT THAT'S DONE TO RAISE WEALTH

MOTT JUST -- NOT JUST FOR UNION WEALTH BUT OTHERS ALSO. THIS

BILL SEEKS TO OVERTURN THE DECISION. THE BOARD METHODICALLY

EVALUATED WHEN THEY DO AND DON'T HAVE JURISDICTION ON TRIBAL

LANDS BY USING A VERY CAREFULLY CRAFTED TEST TO ENSURE THAT THE

BOARD'S JURISDICTION WOULD NOT VIOLATE TRIBAL RIGHTS AND WOULD

NOT INTERFERE AN EXCLUSIVE RIGHT TO SELF-GOVERNANCE. WE SUPPORT

THAT. IN THE JUNE 2015 DECISION, THE NLRB EMPLOYED THE TEST.

THEY DID NOT ASSERT JURISDICTION IN A LABOR DISPUTE ON TRIBAL

LANDS. INSTEAD THIS BILL IS PART OF AN AGENDA TO UNDERMINE THE

RIGHTS OF AMERICAN WORKERS, INCLUDING 600,000 -- 600,000

EMPLOYEES OF TRIBAL CASINOS, 75% OF THOSE EMPLOYEES ARE

NONINDIANS. COURTS HAVE UPHELD THE APPLICATION OF THE TRIBES OF

FEDERAL EMPLOYMENT LAWS INCLUDING THE FAIR LABOR STANDARDS ACT,

THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE EMPLOYMENT

RETIREMENT ACT AND INCOME SECURITY ACT, THAT'S OSHA AND ERISA

AND TITLE 3 OF THE AMERICANS WITH DISABILITIES ACT, ALL VERY

IMPORTANT TO PROTECT PEOPLE, PROTECT WORKERS AND CITIZENS. IN

ADDITION TO HARMING THE THOUSANDS OF ORGANIZED WORKERS IN

COMMERCIAL CASINOS, THIS BILL WOULD ESTABLISH A DANGEROUS

PRECEDENT TO WEAKEN STANDARDS ON TRIBAL LANDS. FOR THESE

REASONS, MR. PRESIDENT, I OBJECT.