TRIBAL LABOR RELATIONS ORDINANCE (2021)

TRIBAL LABOR RELATIONS ORDINANCE

Of the Hoopa Valley Tribe

Hoopa, California

Title 61

ORDINANCE NO: 01-00

DATE APPROVED: July 20, 2000 and October 1, 2021

SUBECT: Tribal Labor Relations Ordinance for Compacted Gaming with the

State of California

WHEREAS: The Hoopa Valley Tribe (Tribe) adopted its Constitution and Bylaws on June 20, 1972,

approved by the Commissioner of Indian Affairs on August 18, 1972, confirmed and

ratified by the United States Congress in October 1988, in Public Law 100-580, the

Hoopa-Yurok Settlement Act, and thereafter amended on June 18, 1996;

WHEREAS: The Hoopa Valley Tribal Council is the governing body of the Hoopa Valley Tribe

pursuant to authority expressed in Article V Section 1 of the Constitution;

WHEREAS: The Hoopa Valley Tribal Council is authorized to promulgate and enforce ordinances

governing the conduct of members and nonmembers of the Hoopa Valley Tribe;

WHEREAS: The Hoopa Valley Tribe and the State of California (State) entered into a tribal-state

gaming compact pursuant to the Indian Gaming Regulatory Act of 1988 (25 U.S.C. §

2701 et seq.) in September, 1999;

WHEREAS: The voters of California approved Proposition 1A on March 7, 2000 thereby amending

the California Constitution to authorize the scope of gaming contained in the tribal-state

gaming compact;

WHEREAS: The Tribe and the State agreed to an amended Compact executed on September 10 and

October 19, 2018 (Compact);

WHEREAS: The Compact, at section 12.12, requires the Tribe to adopt and maintain an ordinance

identical to the Tribal Labor Relations Ordinance attached to the Compact as Appendix

C;

WHEREAS: This Ordinance shall have no force and effect until the threshold of employing 250 or

more persons in a tribal casino and related facility, not including enrolled members of

the Tribe, has been reached.

NOW, THEREFORE, BE IT RESOLVED THAT: the Tribal Council hereby repeals the Tribal Labor

Relations Ordinance enacted in 2000 and replaces it with this Tribal Labor Relations Ordinance in order

to comply with the requirements of the Compact to the extent the requirements of the Compact are

SHORT TITLE

This Ordinance shall be known and may be cited as the Tribal Labor Relations Ordinance or

Title 61.

1 THRESHOLD OF APPLICABILITY

(a) If the Tribe employs 250 or more persons in a tribal casino and related facility,

not including enrolled members of the Tribe, it shall adopt this Tribal Labor

Relations Ordinance (TLRO or Ordinance). For purposes of this Ordinance, a

“tribal casino” is one in which class III gaming is conducted pursuant to the

tribal-state compact. A “related facility” is one for which the only significant

purpose is to facilitate patronage of the class III gaming operations.

(b) Upon the request of a labor union or organization 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 conditions of work, the

Tribal Gaming Commission shall certify the number of employees, not including

enrolled members of the Tribe, in a tribal casino or other related facility as

defined in subsection (a) of this Section 1. Either party may dispute the

certification of the Tribal Gaming Commission to the Tribal Labor Panel, which

is defined in Section 13 herein.

2 ELIGIBLE EMPLOYEES

(a) The provisions of this ordinance shall apply to any person (hereinafter “Eligible

Employee”) who is employed within a tribal casino in which class III gaming is

conducted pursuant to a tribal-state compact or other related facility, the only

significant purpose of which is to facilitate patronage of the class III gaming

operations, except for any of the following:

(1) any employee who is a supervisor, defined as any individual having

authority, in the interest of the Tribe and/or employer, to hire, transfer,

suspend, lay off, recall, promote, discharge, assign, reward, or discipline

other employees, or responsibility to direct them or to adjust their

grievances, or effectively to recommend such action, if in connection

with the foregoing the exercise of such authority is not of a merely

routine or clerical nature, but requires the use of independent judgment;

(2) any employee of the Tribal Gaming Commission;

(3) any employee of the security or surveillance department, other than

those who are responsible for the technical repair and maintenance of

equipment;

(4) any cash operations employee who is a “cage” employee or money

counter; or

(5S) any dealer.

(b) On March 1 of each year, the Tribal Gaming Commission shall certify the

number of Eligible Employees employed by the Tribe to the administrator of

the Tribal Labor Panel.

3 NON-INTERFERENCE WITH REGULATORY OR SECURITY ACTIVITIES

Operation of this Ordinance shall not interfere in any way with the duty of the Tribal

Gaming Commission to regulate the gaming operation in accordance with the Tribe’s National

Indian Gaming Commission- approved gaming ordinance. Furthermore, the exercise of rights

hereunder shall in no way interfere with the tribal casino’s surveillance/security systems, or any

other internal controls system designed to protect the integrity of the Tribe’s gaming operations.

The Tribal Gaming Commission is specifically excluded from the definition of Eligible

Employees.

4 ELIGIBLE EMPLOYEES FREE TO ENGAGE IN OR REFRAIN FROM

CONCERTED ACTIVITY

Eligible Employees shall have the right to self-organization, to form, to join, or assist

employee organizations, to bargain collectively through representatives of their own choosing, to

engage in other concerted activities for the purpose of collective bargaining or other mutual aid

or protection, and shall also have the right to refrain from any or all such activities.

5 UNFAIR LABOR PRACTICES FOR THE TRIBE

It shall be an unfair labor practice for the Tribe and/or employer or their agents:

(a) to interfere with, restrain or coerce Eligible Employees in the exercise of the

rights guaranteed herein;

(b) to dominate or interfere with the formation or administration of any labor

organization or contribute financial or other support to it, but this does not

restrict the Tribe and/or employer and a certified union from agreeing to union

security or dues check off;

(c) to discharge or otherwise discriminate against an Eligible Employee because

s/he has filed charges or given testimony under this Ordinance; or

(d) after certification of the labor organization pursuant to Section 10, to refuse to

bargain collectively with the representatives of Eligible Employees.

6 UNFAIR LABOR PRACTICES FOR THE UNION

It shall be an unfair labor practice for a labor organization or its agents:

(a) to interfere, restrain or coerce Eligible Employees in the exercise of the rights

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guaranteed herein;

(b) to engage in, or to induce or encourage any individual employed by any person

engaged in commerce or in an industry affecting commerce to engage in, a strike

or a primary or secondary boycott or a refusal in the course of his employment

to use, manufacture, process, transport or otherwise handle or work on any

goods, articles, materials, or commodities or to perform any services; or to

threaten, coerce, or restrain any person engaged in commerce or in an industry

affecting commerce or other terms and conditions of employment. This section

does not apply to Section 11;

(c) to force or require the Tribe and/or employer to recognize or bargain with a

particular labor organization as the representative of Eligible employees if

another labor organization has been certified as the representative of such

Eligible Employees under the provisions of this TLRO;

(d) to refuse to bargain collectively with the Tribe and/or employer, provided it is

the representative of Eligible Employees subject to the provisions herein; or

(e) to attempt to influence the outcome of a tribal governmental election, provided,

however, that this section does not apply to tribal members.

7 TRIBE AND UNION RIGHT TO FREE SPEECH

(a) The Tribe’s and union’s expression of any view, argument or opinion or the

dissemination thereof, whether in written, printed, graphic or visual form, shall

not constitute or be evidence of interference with, restraint, or coercion if such

expression contains no threat of reprisal or force or promise of benefit.

(b) The Tribe agrees that if a union first offers in writing that it and its local

affiliates will comply with (b)(1) and (b)(2), the Tribe shall comply with the

provisions of (c) and (d).

(1) For a period of three hundred sixty-five (365) days following delivery of

a Notice of Intent to Organize (NOIO) to the Tribe:

(A) not engage in strikes, picketing, boycotts, attack websites, or

other economic activity at or in relation to the tribal casino or

related facility; and refrain from engaging in strike-related

picketing on Indian lands as defined in 25 U.S.C. § 2703(4);

(B) not disparage the Tribe for purposes of organizing

Eligible Employees;

(C) not attempt to influence the outcome of a tribal

government election; and

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(c)

(d)

(e)

(D) during the three hundred sixty-five (365) days after the Tribe

received the NOIO, the Union must collect dated and signed

authorization cards pursuant to Section 10 herein and complete

the secret ballot election also in Section 10 herein. Failure to

complete the secret ballot election within the three hundred sixty

five (365) days after the Tribe received the NOIO shall mean that

the union shall not be permitted to deliver another NOIO for a

period of two years (730 days).

(2) Resolve all issues, including collective bargaining impasses, through the

binding dispute resolution mechanisms set forth in Section 13 herein.

Upon receipt of a NOIO, the Tribe shall:

(1) within two (2) days provide to the union an election eligibility list

containing the full first and last names of the Eligible Employees within

the sought-after bargaining unit and the Eligible Employees’ last known

addresses and telephone numbers and email addresses;

(2) for period of three hundred sixty-five (365) days thereafter, Tribe will not

do any action nor make any statement that directly or indirectly states or

implies any opposition by the Tribe to the selection by such employees of

a collective bargaining agent, or preference for or opposition to any

particular union as a bargaining agent. This includes refraining from

making derisive comments about unions; publishing or posting

pamphlets, fliers, letters, posters or any other communication which

could reasonably be interpreted as criticizing the union or advising

Eligible Employees to vote “no” against the union. However, the Tribe

shall be free at all times to fully inform Eligible Employees about the

terms and conditions of employment it provides to employees and the

advantages of working for the Tribe; and

(3) _ resolve all issues, including collective bargaining impasses, through the

binding dispute resolution mechanisms set forth in Section 13 herein.

The union’s offer in subsection (b) of this Section 7 shall be deemed an offer to

accept the entirety of this Ordinance as a bilateral contract between the Tribe and

the union, and the Tribe agrees to accept such offer. By entering into such

bilateral contract, the union and Tribe mutually waive any right to file any form

of action or proceeding with the National Labor Relations Board for the three

hundred sixty-five (365)-day period following the NOIO.

The Tribe shall mandate that any entity responsible for all or part of the operation

of the casino and related facility shall assume the obligations of the Tribe under

this Ordinance. If at the time of the management contract, the Tribe recognizes a

labor organization as the representative of its employees, certified pursuant to

this Ordinance, the labor organization will provide the contractor, upon request,

the election officer’s certification which constitutes evidence that the labor

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organization has been determined to be the majority representative of the Tribe’s

Eligible Employees.

ACCESS TO ELIGIBLE EMPLOYEES

(a)

(b)

(c)

(d)

Access shall be granted to the union for the purposes of organizing Eligible

Employees, provided that such organizing activity shall not interfere with

patronage of the casino or related facility or with the normal work routine of the

Eligible Employees and shall be done on non-work time in non-work areas that

are designated as employee break rooms or locker rooms that are not open to the

public. The Tribe may require the union and or union organizers to be subject to

the same licensing rules applied to individuals or entities with similar levels of

access to the casino or related facility, provided that such licensing shall not be

unreasonable, discriminatory, or designed to impede access.

The Tribe, in its discretion, may also designate additional voluntary access to

the Union in such areas as employee parking lots and non- casino facilities

located on tribal lands.

In determining whether organizing activities potentially interfere with normal

tribal work routines, the union’s activities shall not be permitted if the Tribal

Labor Panel determines that they compromise the operation of the casino:

(1) _ security and surveillance systems throughout the casino, and

reservation;

(2) access limitations designed to ensure security;

(3) internal controls designed to ensure security; or

(4) — other systems designed to protect the integrity of the Tribe’s gaming

operations, tribal property and/or safety of casino personnel, patrons,

employees or tribal members, residents, guests or invitees.

The Tribe agrees to facilitate the dissemination of information from the union to

Eligible Employees at the tribal casino by allowing posters, leaflets and other

written materials to be posted in non-public employee break areas where the

Tribe already posts announcements pertaining to Eligible Employees. Actual

posting of such posters, notices, and other materials shall be by employees

desiring to post such materials. .

INDIAN PREFERENCE EXPLICITLY PERMITTED

Nothing herein shall preclude the Tribe from giving Indian preference in employment,

promotion, seniority, lay-offs or retention to members of any federally recognized Indian

tribe or shall in any way affect the Tribe’s right to follow tribal law, ordinances, personnel

policies or the Tribe’s customs or traditions regarding Indian preference in employment,

promotion, seniority, lay- offs or retention. Moreover, in the event of a conflict between tribal

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law, tribal ordinance or the Tribe’s customs and traditions regarding Indian preference and

this Ordinance, the tribal law, tribal ordinance, or the Tribe’s customs and traditions shall

govern.

10 SECRET BALLOT ELECTIONS

(a)

(b)

(c)

The election officer shall be chosen within three (3) business days of notification

by the labor organization to the Tribe of its intention to present authorization

cards, and the same election officer shall preside thereafter for all proceedings

under the request for recognition; provided, however, that if the election officer

resigns, dies, or is incapacitated for any other reason from performing the

functions of this office, a substitute election officer shall be selected in

accordance with the dispute resolution provisions herein. Dated and signed

authorized cards from thirty percent (30%) or more of the Eligible Employees

within the bargaining unit verified by the elections officer will result in a secret

ballot election. The election officer shall make a determination as to whether the

required thirty percent (30%) showing has been made within one (1) working day

after the submission of authorization cards. If the election officer determines the

required thirty percent (30%) showing of interest has been made, the election

officer shall issue a notice of election. The election shall be concluded within

thirty (30) calendar days of the issuance of the notice of election.

Upon the showing of interest to the election officer pursuant to subsection (a),

within two (2) working days the Tribe shall provide to the union an election

eligibility list containing the full first and last names of the Eligible Employees

within the sought after bargaining unit and the Eligible Employees’ last known

addresses and telephone numbers and email addresses. Nothing herein shall

preclude a Tribe from voluntarily providing an election eligibility list at an earlier

point of a union organizing campaign with or without an election. The

election shall be conducted by the election officer by secret ballot pursuant to

procedures set forth in a consent election agreement in substantially the same

form as Attachment 1. In the event either that a party refuses to enter into the

consent election agreement or that the parties do not agree on the terms, the

election officer shall issue an order that conforms to the terms of the form consent

election agreement and shall have authority to decide any terms upon which the

parties have not agreed, after giving the parties the opportunity to present their

views in writing or in a telephonic conference call. The election officer shall be a

member of the Tribal Labor Panel chosen in the same manner as a single

arbitrator pursuant to the dispute resolution provisions herein at Section 13(b)(2).

All questions concerning representation of the Tribe and/or Eligible Employees

by a labor organization shall be resolved by the election officer.

The election officer shall certify the labor organization as the exclusive collective

bargaining representative of a unit of employees if the labor organization has

received the support of a majority of the Eligible Employees in a secret ballot

election that the election officer determines to have been conducted fairly. The

numerical threshold for certification is fifty percent (50%) of the Eligible

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(d)

(e)

Employees plus one. If the election officer determines that the election was

conducted unfairly due to misconduct by the Tribe and/or employer or union, the

election officer may order a re-run election. If the election officer determines that

there was the commission of serious Unfair Labor Practices by the Tribe, or in

the event the union made the offer provided for in Section 7(b) that the Tribe

violated its obligations under Section 7(c), that interferes with the election

process and precludes the holding of a fair election, and the labor organization is

able to demonstrate that it had the support of a majority of the employees in the

unit at any time before or during the course of the Tribe’s misconduct, the

election officer shall certify the labor organization as the exclusive bargaining

representative.

The Tribe or the union may appeal within five (5) days any decision rendered

after the date of the election by the election officer to a three

(3) member panel of the Tribal Labor Panel mutually chosen by both parties,

provided that the Tribal Labor Panel must issue a decision within thirty (30)

days after receiving the appeal.

A union which loses an election and has exhausted all dispute remedies related

to the election may not invoke any provisions of this ordinance at that particular

casino or related facility until one (1) year after the election was lost.

11. COLLECTIVE BARGAINING IMPASSE

(a)

(b)

(c)

Upon recognition, the Tribe and the union will negotiate in good faith for a

collective bargaining agreement covering bargaining unit employees represented

by the union.

Except where the union has made the written offer set forth in Section 7(b), if

collective bargaining negotiations result in impasse, the union shall have the right

to strike. Strike-related picketing shall not be conducted on Indian lands as

defined in 25 U.S.C. § 2703(4).

Where the union makes the offer set forth in Section 7(b), if collective bargaining

negotiations result in impasse, the matter shall be resolved as set forth in Section

13(c).

12} DECERTIFICATION OF BARGAINING AGENT

(a)

The filing of a petition signed by thirty percent (30%) or more of the Eligible

Employees in a bargaining unit seeking the decertification of a certified union,

will result in a secret ballot election. The election officer shall make a

determination as to whether the required thirty percent (30%) showing has been

made within one (1) working day after the submission of authorization cards. If

the election officer determines the required thirty percent (30%) showing of

interest has been made, the election officer shall issue a notice of election. The

election shall be concluded within thirty (30) calendar days of the issuance of

the notice of election.

(b)

(c)

(d)

(e)

The election shall be conducted by an election officer by secret ballot pursuant to

procedures set forth in a consent election agreement in substantially the same

form as Attachment 1. The election officer shall be a member of the Tribal Labor

Panel chosen in the same manner as a single arbitrator pursuant to the dispute

resolution provisions herein at Section 13(b)(2). All questions concerning the

decertification of the union shall be resolved by an election officer. The election

officer shall be chosen upon notification to the Tribe and the union of the intent

of the Eligible Employees to present a decertification petition, and the same

election officer shall preside thereafter for all proceedings under the request for

decertification; provided however that if the election officer resigns, dies or is

incapacitated for any other reason from performing the functions of this office, a

substitute election officer shall be selected in accordance with the dispute

resolution provisions herein.

The election officer shall order the labor organization decertified as the exclusive

collective bargaining representative if a majority of the Eligible Employees

support decertification of the labor organization in a secret ballot election that the

election officer determines to have been conducted fairly. The numerical

threshold for decertification is fifty percent (50%) of the Eligible Employees plus

one (1). If the election officer determines that the election was conducted unfairly

due to misconduct by the Tribe and/or employer or the union the election

officer may order a re-run election or dismiss the decertification petition.

A decertification proceeding may not begin until one (1) year after the

certification of a labor union if there is no collective bargaining agreement.

Where there is a collective bargaining agreement, a decertification petition may

only be filed no more than ninety (90) days and no less than sixty (60) days prior

to the expiration of a collective bargaining agreement. A decertification petition

may be filed any time after the expiration of a collective bargaining agreement.

The Tribe or the union may appeal within five (5) days any decision rendered

after the date of the election by the election officer to athree

(3) member panel of the Tribal Labor Panel chosen in accordance with Section

13(c), provided that the Tribal Labor Panel must issue a decision within thirty

(30) days after receiving the appeal.

13. BINDING DISPUTE RESOLUTION MECHANISM

(a)

(b)

All issues shall be resolved exclusively through the binding dispute resolution

mechanisms herein.

The method of binding dispute resolution shall be a resolution by the Tribal

Labor Panel, consisting of ten (10) arbitrators appointed by mutual selection of

the parties which panel shall serve all tribes that have adopted this ordinance.

The Tribal Labor Panel shall have authority to hire staff and take other actions

necessary to conduct elections, determine units, determine scope of

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negotiations, hold hearings, subpoena witnesses, take testimony, and conduct all

other activities needed to fulfill its obligations under this Ordinance.

(1)

(2)

(1)

(2)

(3)

Each member of the Tribal Labor Panel shall have relevant experience in

federal labor law and/or federal Indian law with preference given to those

with experience in both. Names of individuals may be provided by such

sources as, but not limited to, Indian Dispute Services, Federal Mediation

and Conciliation Service, and the American Academy of Arbitrators.

Unless either party objects, one (1) arbitrator from the Tribal Labor Panel

will render a binding decision on the dispute under the Ordinance. If

either party objects, the dispute will be decided by a three (3)-member

panel, unless arbitrator scheduling conflicts prevent the arbitration from

occurring within thirty (30) days of selection of the arbitrators, in which

case a single arbitrator shall render a decision. If one (1) arbitrator will be

rendering a decision, five (5) Tribal Labor Panel names shall be submitted

to the parties and each party may strike no more than two (2) names. If

the dispute will be decided by a three (3)-member panel, seven (7) Tribal

Labor Panel names will be submitted and each party can strike no more

than two (2) names. A coin toss shall determine which party may strike

the first name. The arbitrator will generally follow the American

Arbitration Association's procedural rules relating to labor dispute

resolution. The arbitrator must render a written, binding decision that

complies in all respects with the provisions of this Ordinance within thirty

(30) days after a hearing.

Upon certification of a union in accordance with Section 10 of this

Ordinance, the Tribe and union shall negotiate for a period of ninety (90)

days after certification. If, at the conclusion of the ninety (90)-day period,

no collective bargaining agreement is reached and either the union and/or

the Tribe believes negotiations are at an impasse, at the request of either

party, the matter shall be submitted to mediation with the Federal

Mediation and Conciliation Service. The costs of mediation and

conciliation shall be borne equally by the parties.

Upon appointment, the mediator shall immediately schedule meetings at a

time and location reasonably accessible to the parties. Mediation shall

proceed for a period of thirty (30) days. Upon expiration of the thirty

(30)-day period, if the parties do not resolve the issues to their mutual

satisfaction, the mediator shall certify that the mediation process has been

exhausted. Upon mutual agreement of the parties, the mediator may

extend the mediation period.

Within twenty-one (21) days after the conclusion of mediation, the

mediator shall file a report that resolves all of the issues between the

parties and establishes the final terms of a collective bargaining

agreement, including all issues subject to mediation and all issues

resolved by the parties prior to the certification of the exhaustion of the

mediation process. With respect to any issues in dispute between the

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(d)

(e)

parties, the report shall include the basis for the mediator’s

determination. The mediator’s determination shall be supported by the

record.

In resolving the issues in dispute, the mediator may consider those factors

commonly considered in similar proceedings.

Either party may seek a motion to compel arbitration or a motion to confirm or

vacate an arbitration award, under this Section 13, in the appropriate state

superior court, unless a bilateral contract has been created in accordance with

Section 7, in which case either party may proceed in federal court. The Tribe

agrees to a limited waiver of its sovereign immunity for the sole purpose of

compelling arbitration or confirming or vacating an arbitration award issued

pursuant to the Ordinance in the appropriate state superior court or in federal

court. The parties are free to put at issue whether or not the arbitration award

exceeds the authority of the Tribal Labor Panel.

1]

CERTIFICATION

I, the undersigned, as Chairman of the Hoopa Valley Tribal Council, do hereby certify that the Hoopa Valley

Tribal Council is composed of eight (8) members, of which seven (7) were poll voted, constituting a quorum

and held this 29" day of September 2021 and approved this 1* day of October 2021 thereof; and was

reaffirmed at a Regular Meeting held October 7, 2021; and this Ordinance was duly adopted under the

Emergency LPA process, Title 6 of the Hoopa Valley Tribe. The Hoopa Valley Tribe composed of eight (8)

members, of which seven (7) were present, constituting a quorum at a Regular Meeting thereof, duly and

regularly called, noticed, convened and held this 4"" day of November 2021; and final approval occurred and

this Ordinance was duly adopted by a vote of six (6) in favor with zero (0) opposed and zero(0) abstaining,

and that said Ordinance has not been rescinded or amended in any way.

Dated this fourth day of November 2021.

Dwo

Jot Davis, Chairman

Hoopa Valley Tribal Council

Attest;

Amber Turner, Executive Secretary

Hoopa Valley Tribal Council

Attachment 1

CONSENT ELECTION AGREEMENT PROCEDURES

Pursuant to the Tribal Labor Relations Ordinance adopted pursuant to section 12.10

of the compact, the undersigned parties hereby agree as follows:

1, Jurisdiction. Tribe is a federally recognized Indian tribal government subject to

the Ordinance; and each employee organization named on the ballot is an employee organization

within the meaning of the Ordinance; and the employees described in the voting unit are Eligible

Employees within the meaning of the Ordinance.

2. Election. An election by secret ballot shall be held under the supervision of

the elections officer among the Eligible Employees as defined in Section 2 of the Ordinance of

the Tribe named above, and in the manner described below, to determine which employee

organization, if any, shall be certified to represent such employees pursuant to the Ordinance.

3, Voter Eligibility. Unless otherwise indicated below, the eligible voters shall

be all Eligible Employees who were employed on the eligibility cutoff date indicated below,

and who are still employed on the date they cast their ballots in the election, i.e., the date the

voted ballot is received by the elections officer. Eligible Employees who are ill, on vacation, on

leave of absence or sabbatical, temporarily laid off, and employees who are in the military

service of the United States shall be eligible to vote.

4, Voter Lists. | The Tribe shall electronically file with the elections officer a list

of eligible voters within two (2) business days after receipt of a Notice of Election.

5, Notice of Election. The elections officer shall serve Notices of Election on

the Tribe and on each party to the election. The Notice shall contain a sample ballot, a

description of the voting unit and information regarding the balloting process. Upon receipt, the

Tribe shall post such Notice of Election conspicuously on all employee bulletin boards in each

facility of the employer in which members of the voting unit are employed.

6. Once a Notice of Election is posted, where the union has made the written offer

set forth in Section 7(b) of the Tribal Labor Relations Ordinance, the Tribe shall continue to

refrain from publishing or posting pamphlets, fliers, letters, posters or any other communication

which should be interpreted as criticism of the union or advises employees to vote “no” against

the union. The Tribe shall be free at all times to fully inform employees about the terms and

conditions of employment it provides to employees and the advantages of working for the Tribe.

7. Challenges. The elections officer or an authorized agent of any party to the

election may challenge, for good cause, the eligibility of a voter. Any challenges shall be made

prior to the tally of the ballots.

8. Tally of Ballots. At the time and place indicated below, ballots shall be co-

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mingled and tabulated by the elections officer. Each party shall be allowed to station an

authorized agent at the ballot count to verify the tally of ballots. At the conclusion of the

counting, the elections officer shall serve a Tally of Ballots on each party.

9, Objections and Post-election Procedures. Objections to the conduct of

the election may be filed with the elections officer within five (5) calendar days following the

service of the Tally of Ballots. Service and proof of service is required.

10. Runoff Election. In the event a runoff election is necessary, it shall be

conducted at the direction of the elections officer.

11. Wording on Ballot. The choices on the ballot shall appear in the

wording and order enumerated below.

FIRST: peer]

SECOND: _ [*#*#*]

THIRD: [***]

12. Cutoff Date for Voter Eligibility: [***]

13. Description of the Balloting Process. A secret ballot election will take place

within thirty (30) days after delivery of the voter list referenced in paragraph 4. The employer

will determine the location or locations of the polling places for the election. There must be at

least one (1) neutral location (such as a high school, senior center, or similar facility) which is

not within the gaming facility and employees must also be afforded the option of voting by

mail through procedures established by the elections officer. Such procedures must

include provisions that provide meaningful protection for each employce’s ability to make an

informed and voluntary individual choice on the issue of whether to accept or reject a union.

14. Such procedures must also ensure that neither employer nor union

representatives shall observe employees personally marking, signing, and placing their ballot

in the envelope. Only voters, designated observers and

the election officer or supporting staff can be present in the polling area. Neither employer nor

union representatives may campaign in or near the polling area. If the election officer or

supporting staff questions an employee’s eligibility to vote in the election, the ballot will be

placed in a sealed envelope until eligibility is determined. The box will be opened under the

supervision of the election officer when voting is finished. Ballots submitted by mail must be

received by the elections officer no later than the day of the election in order to be counted in

the official tally of ballots.

15. Voter List Format and Filing Deadline: Not later than two (2) business days

after receipt of the Notice of Election, the Tribe shall file with the elections officer, at

[**address**], an alphabetical list of all eligible voters including their job titles, work

locations and home addresses.

Copies of the list shall be served concurrently on the designated representative for the [***];

proof of service must be concurrently filed with elections officer.

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In addition, the Tribe shall submit to the elections officer on or before [***], by electronic mail,

a copy of the voter list in an Excel spreadsheet format, with columns labeled as follows: First

Name, Last Name, Street Address, City, State, and Zip Code. Work locations and job titles need

not be included in the electronic file. The file shall be sent to [***].

16. Notices of Election: Shall be posted by the Tribe no later than [***].

17. Date, Time and Location of Counting of Ballots: Beginning at

[**time**] on [**date**], at the [**address**].

18. Each signatory to this Agreement hereby declares under penalty of perjury that

s/he is a duly authorized agent empowered to enter into this Consent Election Agreement.

(Name of Party) (Name of Party)

By By

(Title) (Title)

(Date) (Date)

(Name of Party) (Name of Party)

By By ,

(Title) (Title)

(Date) (Date)

Date approved:

[**Author** ]

Elections Officer

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