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Tuesday, February 22, 2011

Anti Governor Protests in Wisconsin Are an All-Too-Familiar Scenario

Anyone who's been keeping up with union-led protests of Wisconsin Gov. Scott Walker knows that the whole stalemate evolves around the governor's efforts to deny state employees the right to collectively bargain.
Wow. When the Eastern Band of Cherokee Indians passed a law to do the same thing for tribal employees through Ordinance 211 in 2002, not a single tribal employee stood up or voiced any opposition, aside from me through an editorial in the One Feather. Then Cherokee County/Snowbird Rep. Brenda Norville was the only council member to vote against it, citing employee rights.
The excuse tribal lawyers offered for passing this terrible legislation was that unions interfere with tribal sovereignty. That's crap. The issue was and still is fear of tribal member employees who may start demanding such silly things such as job security before and after elections, the right to recall elected officials, abandoning the sovereign immunity defense when tribal members sue the tribe and removal of the chief and vice chief from the hiring and firing process.
The prospect of workers are losing their rights should be frightening. It's happening at a much quicker pace for tribal employees.
I have mixed feelings about unions, but while some may have contempt for unions, the fact is those unions would be nothing without their members, each of whom has inherent civil rights. Union membership at any employer should be a personal choice of each employee. The problem is with Ordinance 211, as will be if Gov. Walker gets his way, is that choice is being taken away from them.
The First Amendment, which does apply on Indian reservations, provides for the right to peaceably assemble and to petition for redress of grievances. And laws such as Ordinance 211 and what Gov. Walker is proposing are a clear cut violation of this right. Our current leadership hasn't expressed any interest whatsoever in changing that.
No one gives up this right, nor any other rights upon accepting employment. Gov. Walker's proposal needs to fail, and the tribe's Ordinance 211 needs to be rescinded.

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