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1 S. 226, Tribal Labor Sovereignty Act of 2019 1 (February 8, 2019)

handle is hein.congrec/cbotlsv0001 and id is 1 raw text is: Congressional Budget Office Cost Estimate February 8, 2019 S. 226 would add Indian 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 tribes, even if they are located on a tribal reservation. However, the NLRB does not assert the jurisdiction over tribal enterprises that carry out traditional tribal or governmental functions. CBO estimates that implementing S. 226 would not significantly affect the workload of the NLRB and thus would have no effect on the federal budget. S. 226 would impose a private-sector mandate as defined in the Unfunded Mandates Reform Act (UMRA) on employees of certain tribal enterprises. By excluding those 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. By eliminating that right 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 a total of about 20,000 to 30,000 claims each year from employees, unions, or employers alleging unfair labor practices. Successful claims may result in remedies such as reinstatement of discharged employees and back pay for the period of unemployment, See also CBO's Cost Estimates Explained, www.cbo.govi/publication/54437; How CBO Prepares Cost Estimates, www.cbo.gov/publication/53519; and Glossary, www.cbo.gov/publication/42904.

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