In the first pact of its kind between a California Indian casino and organized labor, a San Diego County-based tribe announced Tuesday that it has reached agreement with the Communications Workers of America to allow a union organizing election.
The Viejas Band of Kumeyaay Indians, owner of the Viejas Casino and Turf Club in Alpine, said it reached a "voluntary election agreement" with the CWA that could bring collective bargaining to its operation.
Under the agreement, which covers food and beverage, housekeeping and maintenance workers, Viejas agreed to hold a secret ballot election if 30 percent of casino service employees sign union authorization cards.
Word of the agreement comes at a time when California tribes are battling to maintain their current casino operations.
Federal law requires tribes operating casinos to first reach agreements or "compacts" with their home states to allow state-sanctioned casino gambling on their reservations. But Gov. Pete Wilson has for seven years refused to negotiate with tribes that he maintains are running illegal casino games.
In March, Wilson reached agreement with the Pala Band of Mission Indians, a San Diego County tribe that currently does not have a casino.
Since then, 10 other tribes have agreed to accept the general terms of the controversial Pala agreement, the Viejas Band among them. The Viejas Band said it entered into the pact with Wilson only because of the threat of a casino shutdown by federal prosecutors.
A November ballot measure, Proposition 5, is aimed at overturning the Pala agreement, and the Viejas Band is supporting it.
The California Labor Federation, AFL-CIO, supports the Pala compact and opposes Proposition 5 because the compact requires tribes to allow some workers in Indian casinos to join labor groups. Proposition 5 has no such requirement, but Viejas' action appears designed to show that tribes can voluntarily reach agreements with labor unions.
"The (agreement) reached between the Viejas Band and CWA is similar to the National Labor Relations Act and is a prototype of how tribal governments and unions can work together in mutual trust and respect," said Viejas chairman Anthony R. Pico.
Said Micheal J. Hartigan, executive vice president of Local 9400 of the CWA: "We have agreed to have outside arbitration to resolve problems, and we understand, respect and embrace tribal sovereignty and look forward to working with casino service employees."
Hartigan said he would like to see a union election at the Viejas Casino within 30 days, and if it's successful, the CWA would represent from 400 to 500 workers there.
Waltona Manion, spokeswoman for the California Nations Indian Gaming Association, a major sponsor of Proposition 5, said Tuesday's announcement reflects how "Indian tribes and organized labor have a common experience."
But Jack Gribbon, political director for the Hotel Employees and Restaurant Employees International Union, and a member of the coalition to defeat Proposition 5, said "the CWA has it backwards."
"The CWA agreement would be illegal off reservation because employers are not allowed to choose who will represent their workers," he said.