Mashantucket Pequot Labor Relations Law
Overview
The Mashantucket Pequot Labor Relations Law (Labor Law), Title 32 M.P.T.L., generally protects the right of employees of the Mashantucket Pequot Tribe (Tribe) on the Mashantucket Pequot Reservation to freely choose to join or not to join a union, or to engage in other protected activities. Certain positions, including manager, supervisors, confidential employees, political appointees and elected officials, do not receive the protections of the law. The Labor Law also provides a framework for collective bargaining between a Tribal employer and a union when a union represents a group of Tribal employees. The MERO's responsibilities include (1) educating Tribal employers, unions, and employees about the requirements and benefits of the Labor law, (2) overseeing the processing of (a) petitions for union elections, (b) charges that may be brought against a union or Tribal employer relating to union organizing, collective bargaining or other issues covered by the law, and (c) collective bargaining cases where the parties are unable to reach agreement on a contract, and impasse resolution is requested, and (3) processing and determining union business agent license applications.
Case Processing
When An Individual is Not a Party to a Case:
Regardless of whether the case involves a petition for an election, a charge of a prohibited practice or a petition for impasse resolution, the processing of the case generally takes the same route, as depicted in the below diagram:
All cases start by being filed at the MERO. Within the first five (5) days that a case is pending, any party may elect to have the case decided by a panel designated for that particular case, called a MERO Board. If a party elects a MERO Board, each party selects a MERO Board member and the MERO Board members or the parties then select a MERO Board Presiding Officer. If a MERO Board is selected to decide a case, the costs of the MERO Board and the fees associated with the case are shared equally by the parties to the case. If no MERO Board is timely selected, the case is referred to the Tribal Court, which appoints a Special Master to decide the case. Any appealable decision by a MERO Board or Special Master may be appealed to the Tribal Court.
When An Individual is a Party to a Case:
When a Labor Law case is filed by an individual, case processing is modified. An individual may require the case to be heard by a Special Master rather than a MERO Board by submitting a request to the MERO prior to the appointment of a MERO Board Presiding Officer.
An individual party who prefers to have their case heard by a MERO Board, but may not be able to afford the proceedings, may apply for financial assistance through the MERO. For additional information about financial assistance, please see Information About Financial Assistance and the Financial Assistance Application form, or contact the MERO.
If an individual files a prohibited practice charge, the MERO Director may elect to investigate the charge and issue a decision, as depicted in the following chart:
If either side is not satisfied with the MERO Director decision, or the MERO Director elects not to investigate the matter, the case may proceed before a MERO Board or Special Master. As addressed above, the individual’s timely election of a MERO Board or a Special Master to the hear the case will control.
Union Registration
Pursuant to the Mashantucket Pequot Labor Relations Law, 32 M.P.T.L. ch. 1, Section 14, every labor organization operating within the territorial jurisdiction of the Tribe is required to register annually with the Office of Legal Counsel on or before December 31 of each year.
A link to the Labor Organization Registration Form appears below. Any changes to the information reported in the Registration Form must be communicated to the Office of Legal Counsel within 30 days after the changes are made. Any questions relating to this process should be directed to the Office of Legal Counsel at 860-396-6152.
Labor Organization Registration Form
Union Business Licensing
The granting of a MERO Business Agent License is a prerequisite to acting as a Business Agent for a Labor Organization within the territorial jurisdiction of the Mashantucket Pequot Tribal Nation.
Important Notice:
Some cases are required to be filed within certain specific time periods. Please review carefully the specifics of the law and case filing procedures that may be found on this website or contact the MERO for additional information.
