Unite Here v. Wilton Rancheria
2:23-cv-02767
| E.D. Cal. | Dec 9, 2024Background
- UNITE HERE (the Union), representing casino employees, sued Wilton Rancheria (the Tribe), a federally recognized Indian Tribe, to enforce a 2017 Memorandum of Agreement (MOA) regarding union organizing rights.
- The 2017 MOA provided for a card check neutrality process for union recognition; the Tribe later adopted a Tribal Labor Relations Ordinance (TLRO), mandating a secret ballot election after a card check.
- Disputes arose over whether the MOA or the TLRO governed the recognition process; the Union sought to compel enforcement of the MOA, while the Tribe sought to prioritize the TLRO.
- The dispute was arbitrated; the arbitrator ruled in favor of the Union, interpreting the MOA as binding and enforceable over the TLRO on this issue.
- The Tribe moved to vacate the arbitration award, arguing the arbitrator exceeded his authority and failed to respect the Tribe’s sovereignty.
- The District Court was asked to resolve the Tribe’s motion to vacate the award under the Federal Arbitration Act (FAA).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal court has jurisdiction | Court has jurisdiction under LMRA §301 | Jurisdiction under the TLRO & FAA | Court has supplemental jurisdiction; FAA governs motion |
| Whether the arbitrator exceeded authority | Arbitrator operated within authority | Arbitrator lacked authority to disregard TLRO | Arbitrator acted within authority; award stands |
| Whether arbitrator improperly disregarded sovereignty | Arbitrator properly weighed the evidence | Arbitrator disregarded Tribe's sovereignty | Arbitrator plausibly concluded TLRO was enacted pursuant to compact, not as act of sovereignty |
| Applicable law for reviewing award | LMRA/federal common law applies | FAA or California Arbitration Act applies | FAA provides appropriate standard for review |
Key Cases Cited
- Badgerow v. Walters, 596 U.S. 1 (2022) (FAA does not itself confer jurisdiction; federal courts need an independent jurisdictional basis)
- Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987 (9th Cir. 2003) (standards for vacating arbitration awards; highly deferential, only if award is completely irrational or in manifest disregard of law)
- Sycuan Band of the Kumeyaay Nation, 35 F.4th 695 (9th Cir. 2022) (court jurisdiction over actions to compel arbitration under labor agreements with tribes)