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H.R. 511, Tribal Labor Sovereignty Act of 2015 1 (August 24, 2015)

handle is hein.congrec/cbo2482 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                                  August 24, 2015


                                   H.R.   511
                    Tribal  Labor  Sovereignty   Act  of 2015

     As ordered reported by the House Committee on Education and the Workforce
                                 on July 22, 2015


H.R. 511 would add tribes to the list of entities that are excluded from the definition of
employer for purposes of the National Labor Relations Act. Through the National Labor
Relations Board (NLRB), the National Labor Relations Act protects the rights of most
private-sector employees to form a union and to bargain collectively. Adding tribes to the
list of excluded employers would treat them similarly to state and local governments.
Currently, the NLRB generally asserts jurisdiction over the commercial enterprises owned
and operated by Indian tribes, even if they are located on a tribal reservation. However, the
NLRB   does not assert jurisdiction over tribal enterprises that carry out traditional tribal or
governmental functions.

Enacting H.R. 511 would not significantly affect the workload of the NLRB, so it would
have no effect on the federal budget. The bill would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.

H.R. 511 contains no intergovernmental mandates as defined in the Unfunded Mandates
Reform  Act (UMRA).

By excluding tribal enterprises located on tribal land from the definition of employer for
purposes of the National Labor Relations Act, the bill would eliminate the right of
employees of such enterprises to file a claim, individually or through a union, regarding
certain labor practices. Currently, employees may file a claim against tribal employers over
which the NLRB  asserts jurisdiction alleging unfair labor practices under the act that
prohibit or interfere with collective activities to improve wages and working conditions.
By eliminating the right of employees to file such claims with the NLRB, the bill would
impose a private-sector mandate.

The direct cost of the mandate would be the value of forgone monetary awards resulting
from claims that would have been filed with the NLRB in the absence of the bill.
According to the NLRB, it currently receives about 20,000 to 30,000 claims in total each
year from employees, unions, or employers alleging unfair labor practices and more than
half of all claims are withdrawn or dismissed. Other claims may be settled by the parties or

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