San Manuel Indian Bingo And Casino

admin 3/23/2022 23/03/22

On Petition for Review and Cross-Application of Enforcement of an Order of the National Labor Relations Board.

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Jerome L. Levine argued the cause for petitioners. With him on the briefs were Lynn E. Calkins, Frank R. Lawrence, and Todd D. Steenson.

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In the mid-1980s, the San Manuel Band of Mission Indians invested in a high-stakes bingo operation, San Manuel Indian Bingo, near Highland, Calif. The bingo operation was enormously successful and in 1994 expanded to include a 100,000 square foot casino including a card room and slot machines. The Casino was established by the San Manuel tribal government as a 'tribal governmental economic development project,' id. At 1055, and it operates pursuant to the Indian Gaming Regulatory Act of 1988 ('IGRA'), which authorized gaming on tribal lands expressly 'as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments,' 25 U.S.C.

John H. Dossett, Charles A. Hobbs, Seth P. Waxman, Edward C. DuMont, Richard A. Guest, George Forman, Dale T. White, Kaighn Smith, Jr., and C. Bryant Rogers were on the brief for amici Indian Tribes and Tribal Organizations in support of petitioner and reversal of the NLRB's judgment.

David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Meredith L. Jason, Attorney.

Richard G. McCracken argued the cause and filed the brief for intervenor Unite Here! International Union.

Richard Blumenthal, Attorney General, Attorney General's Office for the State of Connecticut, and Richard T. Sponzo, Assistant Attorney General, were on the brief for intervenor State of Connecticut.

Before: GARLAND and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

On Petition for Review and Cross-Application of Enforcement of an Order of the National Labor Relations Board.

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Jerome L. Levine argued the cause for petitioners. With him on the briefs were Lynn E. Calkins, Frank R. Lawrence, and Todd D. Steenson.