Class "C" Resolution

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CO-73-90

Class "C" Resolution

No BIA Action Required.

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RESOLUTION OF THE

NAVAJO NATION COUNCIL

Amending the Navajo Preference in Employment Act,

Title 15, Chapter 7 of the Navajo Tribal Code

WHEREAS:

1. The Navajo Nation Council is the governing body of

the Navajo Nation, 2 N.T.C., Section 102; and

2. The ability of members of the Navajo Nation to secure

and retain employment within the territorial jurisdiction

implicates the health, safety and welfare of the Nation; and

3. Pursuant to an Executive Order, dated February 24,

1986, the Navajo Labor Investigative Task Force was created to

assess and investigate labor issues important to the Nation; and

4. By Executive Order dated November 17, 1989, the

Navajo Labor Investigative Task Force was reconstituted and its

authority to investigative labor matters pursuant to the 1986

Executive Order was reaffirmed; and

5. During the course of its investigation, the Navajo

Labor Investigative Task Force received comments in various forms

eoncerning labor matters as well as company and union officials.

The Task Force incorporated its findings into a document, entitled

Report to the Navajo Nation Council Regarding the Proposed

Amendments to the Navajo Preference in Employment Act. Based on

these findings and the comments received from the interested

public, the Task Force proposed that the Navajo Preference in

Employment Act (15 N.1T.C., Section 601, et. seq.) be amended; and

6. The Navajo Labor Investigative Task Force presented

its xeport, minutes of public meetings it conducted and proposed

amendments to the Navajo Preference Act to the Human Services

Committee of the Navajo Nation Council; and

7. Pursuant to its powers to recommend legislation on

labor matters (2 N.17.C., Section 604(b)(3)), the Human . Services

Committee of the Navajo Nation Council by Resolution HSC-0024-91

dated September 26, 1990, adopted the Report to the Navajo Nation

Council Regarding the Proposed Amendments to the Navajo Preference

in Employment Act and recommended that the Navajo Nation Council

enact into law, the Proposed Amendments to the Navajo Preference in

Employment Act. (Resolution attached hereto as Exhibit "A")

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NOW THEREFORE BE IT RESOLVED THAT:

The Navajo Nation Council hereby repeals in its entirety,

Title 15, Chapter 7 of the Navajo Tribal Code and enacts in its

place, the amendments to Title 15, Chapter 7 of the Navajo Tribal

Code, attached hereto as Exhibit "B", with the exception of Section

6 (B).

CERTIFICATION

I hereby certify that the foregoing resolution was duly

considered by the Navajo Nation Council at a duly called meeting at

Window Rock, Navajo Nation (Arizona), at which a quorum was present

and that same was passed by a vote of 63 in favor, 0 opposed and 9

abstained, this 25th day of October 1990.

woe

Spedker

Navajo Nation ceil

October 29, 1990

Date Signed

ACTION BY THE EXECUTIVE BRANCH

1. Pursuant to 2 N.T.C., Section 1005

(c)(1), I hereby sign into law the

foregoing legislation this 5th day

of yay iy

Leonard eric fe Interim President

Navajo Nation

* * * *

2. Pursuant to 2 N.T.C., Section 1005

foregoing legislation this

day of 1990 for the

reason(s) expressed in the attached

letter to the Speaker:

Leonard Haskie, Interim President

Navajo Nation

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#. -C-0024-91

RESOLUTION OF THE HUMAN SERVICES COMMITTEE

OF THE NAVAJO: NATION COUNCIL

Recommending the Enactment of the Proposed Amendments to the

Navajo Preference in Employment Act; Title 15, Chapter 7 of the

Navajo Tribal Code

WHEREAS :

1. The Human Services Committee of the Navajo Nation

Council is empowered to recommend legislation regarding

employment matters pursuant to 2 N.T.C. §604(b)(3); and

2. By Executive Order, dated September 30, 1983, the

Navajo Labor Investigative Task Force ("Task Force") was directed

to investigate a broad spectrum of labor concerns affecting

Navajo employment; and

3. By Executive Order, dated February 24, 1986, the

Task Force was reauthorized to assess and investigate labor

issues of concern to the Nation and to submit its findings in a

final report with recommendations as to how the labor issues and

concerns should be addressed thereupon for appropriate and

adequate rectification; and

4. By Executive Order, dated November 17, 1989, the

Task Force membership was reconstituted and its authority to

investigate labor matters pursuant to the 1986 Executive Order

was reaffirmed; and

5. During the course of its investigation the Task

Force received comments in various forms concerning labor matters

from Navajo workers and members of the Navajo public, as well as

company and union officials. The Task Force incorporated its

findings into a document entitled Report to the Navajo Nation

Council Regarding the Proposed ‘Amendments to the Navajo

Preference in Employment Act. These findings and the comments

received from the interested public are the basis for the Task

Force's proposed amendments to the NPEA incorporated into a

document entitled Proposed Amendments to the Navajo Preference in

Employment Act. These two documents along with the minutes of

Task Force public meetings have been submitted to the Human

Services Committee; and

6. The Human Services Committee reviewed the

documents submitted by the Task Force and the Committee is

satisfied that the proposed amendments are based on Navajo law,

institutions and cultural traditions that define and govern the

employment rights and remedies guaranteed Navajo job applicants

and workers.

apgewe CoEXHIBITA

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NOW THEREFORE BE IT RESOLVED THAT:

1. The Human Services Committee hereby approves and

adopts the Proposed Amendments to the Navajo Preference in

Employment Act, with the above referenced changes and additions,

Marked as' Exhibit "A" and Report to the Navajo Nation. Council

Regarding the Proposed Amendments to the Navajo Preference in

Employment Act of 1985, marked as Exhibit "B." ,

2. Wherefore, the Human Services Committee of the

Navajo Nation Council hereby recommends that Navajo Nation

Council repeal in its entirety the Navajo Preference in

Employment Act of 1985 and in its Place enact the Proposed

Amendments to the Navajo Preference in Employment Act attached

hereto as Exhibit "A" and to be cited at Title 15, Chapter 7 of

the Navajo Tribal Code.

CERTIFICATION

I hereby certify that the foregoing resolution was duly

considered by the Human Services Committee of the Navajo Nation

Council at a duly called meeting at Window Rock, Arizona with a

querum present the same was passed by a vote of 3 in favor

and 2 opposed, this 3rq_ day of october , 1990.

Yi Sule

Presfdiing Ehaixnhah’

Human Bervices Committee

of t Navajo Nation Council

LOOO97WY

10/03/90

OE at

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PROPOSED AMENDMENTS

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Exhibit B

LABOR INVESTIGATIVE TASK FORCE

Proposed Amendments to the

Navajo Preference in Employment Act

SEPTEMBER 1990

Deletions are overstriken.

Additions are underlined.

Section 1. TITLE

A. This Act shall be cited as the Navajo Preference in Employment Act and is hereby

codified as Title 15 Chapter 7 of the Navajo Tribal Code.

Section 2. PURPOSE

A. The purposes of the Navajo Preference in Employment Act are:

To provide employment opportunities for the Navajo work force;

2. To provide training for the Navajo people;

3. To promote the economic development of the Navajo Nation reservation;

To lessen the Navajo Nation’s dependence upon off reservation sources of

employment, income, goods and services;

5. To foster the economic self-sufficiency of Navajo families; and

6. To protect the health, safety, and welfare of Navajo workers; =

B. It is the intention of the Navajo Nation Tribat Council that the provisions of this Act

be construed and applied to accomplish the purposes set forth above.

Section 3. DEFINITIONS

1. The term "Commission" shail mean the Navajo Nation Labor Commission

Board! he—Board-of-Di the -Offi -—Navajo—Lat

Relations.

2. The term "employment" shall include, but is not limited to, the recruitment,

hiring, promotion, transfer, training, upgrading, reduction-in-force, retention,

and recail of employees.

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The term "employer" as-used-inr this Chapter shall include all persons, firms,

associations, corporations, and the Navajo Nation Fribe and all of its agencies

and instrumentalities, who engage the services of any person for

compensation, whether as employee, agent, or servant;—-or—imdependent

contractor.

The term "Navajo" means any enrolled member of the Navajo Nation Fribe.

The term "ONLR" means the Office of Navajo Labor Relations.

The term "probable cause" shall mean a reasonable ground for belief in the

existence of facts warranting the proceedings complained of.

The term

“territorial jurisdiction" means the territorial jurisdiction of the Navajo Nation

as defined in [pursuant to] 7 NTC hol EA sai Nita

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1. mm "Act" Navajo Pr in Empi

Section 4. NAVAJO EMPLOYMENT PREFERENCE

A. All employers doing business within the territorial jurisdiction [or near the

boundaries] of the Navajo Nation, or engaged in any contract with the Navajo Nation

shall:

1. Give preference in employment to Navajos enrotied-members-of the Navajo

Fribe. Preference in employment shall include specific Navajo affirmative

action plans and timetables for all phases of employment to achieve the tribal

goal of employing Navajos in all job classifications including supervisory; and

management positions.

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B. Specific Requirements for Navajo Preference

1. All employers shall include and specify a Navajo Indian employment

preference policy statement in all job announcements and advertisements and

employer policies covered by this Act Chapter.

2. All employers shall post in a conspicuous place on its premises for its

employees and applicants a Navajo preference policy notice prepared by

3. Any seniority system of an employer shall be subject to this Act Ctrapter and

all other labor laws of the Navajo Nation. Such a seniority system shali not

operate to defeat nor prevent the application of the Act Navajo-Preference

Laws. ided, | | hing in this Act shall be i

4. The Navajo Nation when contracting with the federal or state government or

one of its entities shall include provisions for Navajo preference in all phases

of employment as provided herein. When contracting with any federal agency,

the term Indian preference may be substituted for Navajo preference for

federal purposes,

CO 38 af)

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All employers shall utilize Navajo Nation Fribat employment sources and job

services for employee recruitment and referrals;_provided, however, that

i he fi : bligati in tt Navajo i

All employers shall advertise and announce all job vacancies in at least one

newspaper and radio station serving the Navajo Nation reservation; provided,

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All employers shall use non-discriminatory job qualifications and selection

criteria in employment.

All employers shall not penalize, discipline, discharge nor take any adverse

action against any Navajo employee without just cause. A written notification

to the employee citing such cause for any of the above actions is required in

all cases.

All employers shall maintain a safe and clean working environment and

provide employment conditions which are free of prejudice, intimidation and

harassment.

Training shall be an integral part of the specific affirmative action plans or

activities for Navajo preference in employment.

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SECTION 5. REPORTS

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All employers doing business or engaged in any project or enterprise within ornear

the Navajo Nation or pursuant to a contract with the

Nation shail submit employment information and reports as required to ONLR the

Office-of Navajo-Labor-Reiations. Such reports, in a form acceptable to ONLR the

Office—of-Navajo-Labor-Reiations, shall include all information necessary and

appropriate to determine compliance with the provisions of this Act Chapter. All

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SECTION 6. UNION AND EMPLOYMENT AGENCY ACTIVITIES/RIGHTS OF

NAVAJO WORKERS

Fits of Navajo workers to organize, verpein collectively, strike, and peaceable

picket to secure their legal rights under the taws of the United States and the Navajo

Nation, shall Dot be abridged in ‘any way by any_person the "Navajo" Natiow, its

Navajo Nation. The right to strike and picket Hoes not apply to employecs of the

Navajo Nation tribat-government, its agencies, or enterprises.

(eF-Ef yh Or- Cr etree OF Cetera yen

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SECTION 9. CONTRACT PROVISIONS REQUIRING COMPLIANCE WIFHEABOR