# Class "C" Resolution > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Anavajo_nation%3A9c2a55b2ba6433fb ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text CO-73-90 Class "C" Resolution No BIA Action Required. Executive Branch Action Necessary 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") COPY BEST AVAILABLE COPY 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 (c) (10), I hereby veto the foregoing legislation this day of 1990 for the reason(s) expressed in the attached letter to the Speaker: Leonard Haskie, Interim President Navajo Nation BEST AVAILABLE COPY #. -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 BEST AVAILABLE COPY 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 BEST AVAILABLE COPY PROPOSED AMENDMENTS LA ee ne ee ——APEHWE COPY 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; 4 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. pest AVAiLAsL ECOPY 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 BEST AVAILABLE COPY 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. BEST AVAILABLE COPY 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) BEST AVAILABLE Copy 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, CVE m C 4 nave us OTe voy OOUdPatlol in pe €veo Nowe 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. BEST AVAILABLE COPY SECTION 5. REPORTS ram 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 BEST AVAILABLE Copy 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 BEST AVAILABLE COPY a APCHIME COPY BEST AVAILABLE COPY Habel BEST AVAILA B E COPY LE COPY > BEST AVAILABLE COPY 11 AP AWE COPY BEST AVAILABLE COPY BEST AVAILABLE Copy 13 BEST AVAILABLE COPY SECTION 9. CONTRACT PROVISIONS REQUIRING COMPLIANCE WIFHEABOR 14 ARCHIVE BEST AVAILABLE COPY ARCHIE rt BEST AVAILABLE COPY BEST AVAILABLE COPY > 18 o% fai) E COPY MATE f L a BEST AVAILABL UE eee hVaiLaaLe Cory 21 BEST AVA SLE COPY BEST AVAILABLE eroy 23 BEST AVAIL ARLE copy PaaHe BEST AVAILABLE COPY BEST AVAILABLE COPY [OCR skipped on page(s) 31-40] [Read from a scan; the first 30 pages.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Anavajo_nation%3A9c2a55b2ba6433fb. Public record. Not legal advice.