Absentee-Shawnee Tribe of Indians of Oklahoma
Right to Work Law
Section 1. Definitions
Section 2. Right to Work
Section 3. JurisdictionSection 4. Civil Remedies
AST RTW Code Section 1
Section 1. Definitions
a. “Employer” means any person, firm, association, corporation and other entity operating in or upon the Absentee Shawnee Tribe jurisdiction and directly or indirectly employing one or more employees to perform work. This Law does not apply to any such person, firm, association, corporation or other entity which has a principal place of business located outside the Absentee Shawnee Tribe jurisdiction and operates in or upon the Absentee Shawnee Tribe jurisdiction pursuant to an agreement with the Absentee Shawnee Tribe to perform construction-related activities or to deliver goods or services.
b. “Employee” means any person who has entered into or works under any contract of service or apprenticeship with or on behalf of an Employer.
c. “Labor organization” means any organization or agency or group of employees or employee committee or plan in which employees participate that is organized or exists for the purpose of dealing with an employer or employers concerning hours of employment, wages, rates of pay, working conditions or grievances of any kind relating to employment.
d. “Union dues” means dues, fees, assessments or other charges of any kind or amount or their equivalents paid or payable, directly or indirectly, to a labor organization or its agents and includes payments to any charity or other third party in lieu of such payments to a labor organization.
e. “Person” means any individual, labor organization, corporation, partnership, company, association or other legal entity, including the Absentee Shawnee Tribe of Oklahoma and the Absentee Shawnee Tribe's Thunderbird Entertainment Center, Inc.
f. “Absentee Shawnee Tribe of Oklahoma” (or “Tribe”) includes the governmental divisions or departments thereof, the Thunderbird Entertainment Center, Inc., but does not include any legal entity established and incorporated by the Tribe under the laws of any state.
h. “Absentee Shawnee Tribe jurisdiction” means the lands held in trust for the Absentee Shawnee Tribe of Oklahoma, and all other lands subject to the jurisdiction of the Absentee Shawnee Tribe of Oklahoma.
Absentee Shawnee Right to Work Code Section 1, AST RTW Code Section 1
AST RTW Code Section 2
Section 2. Right to Work
a. No Employee shall be required, as a condition of employment or continuation of employment on the Absentee Shawnee Tribe of Oklahoma tribal jurisdiction, to do any of the following:
(1) Resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;
(2) Become or remain a member of a labor organization; or
(3) Pay union dues as defined in this Law.
b. Any agreement between any labor organization and any Employer that requires Employees of such Employer to obtain or maintain membership in any labor organization or to pay union dues as defined in this Law or otherwise violates the rights of Employees defined by this Law, is against the public policy of the Absentee Shawnee Tribe of Oklahoma and of no legal effect. This policy does not bar any Employee from voluntarily obtaining or maintaining membership in any labor organization or from voluntarily paying union dues as defined in this Law.
Absentee Shawnee Right to Work Code Section 2, AST RTW Code Section 2
AST RTW Code Section 3
Section 3. Jurisdiction
The Absentee Shawnee Tribal Court shall have jurisdiction over all causes of action alleging violations of this Law. There shall be no cause of action in the Tribal Court against the Absentee Shawnee Tribe of Oklahoma, and nothing provided in this Law shall be deemed to be a waiver of the sovereign immunity of the Absentee Shawnee Tribe of Oklahoma from suit in the Tribal Court or any other forum or context.
Absentee Shawnee Right to Work Code Section 3, AST RTW Code Section 3
AST RTW Code Section 4
Section 4. Civil Remedies
Any person injured as a result of any violation or threatened violation of the provisions of this Law shall be entitled to petition the Absentee Shawnee Tribal Court for injunctive relief from or against any person who violates or threatens any violation of this Law, and may, in addition thereto, file a claim to recover any and all damages, including costs and reasonable attorney's fees, resulting from the violation or threatened violation. The remedy shall be independent of and in addition to any other penalties and remedies prescribed by applicable Law.
Absentee Shawnee Right to Work Code Section 4, AST RTW Code Section 4