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28-Jul-1998 Tuesday
Gov. Pete Wilson is threatening to reject a gambling compact with the
Viejas Indian band because the 132-page document that tribal members
narrowly approved deleted one paragraph they considered unacceptable.
If the governor does not sign the agreement -- and a top aide says he won't
-- Viejas could be forced to surrender its revenue-sustaining video slot
machines to the U.S. government.
The provision in dispute would require the tribe to remain "neutral" if
employees try to organize a labor union. Had the clause not been deleted,
tribal members said, the proposed compact would not have passed Saturday
night's close 41-36 vote.
"We swallowed everything else, but when we were asked to give up our right
to freedom of speech, it was just too much," Viejas Chairman Anthony Pico
told reporters yesterday on the Alpine-area reservation. "The tribe agreed
to the other union mandates the governor's office wrote into the compact,
including collective bargaining and binding arbitration.
"Our argument is not with unions," he added. "Our objection is with the
state telling the tribes we must do something it does not legislate for
itself, other governments or hotels and restaurants."
The union neutrality clause was part of the compact Wilson signed in March
with North County's Pala Indian band. Viejas was among 10 gaming tribes
that agreed in May to negotiate similar accords. The alternative was to
face forfeiture suits by U.S. attorneys to remove their gambling machines.
Seven tribes, including the Barona Indian band, have adopted versions of
the Pala compact since July 13.
According to an internal memorandum, Viejas negotiated 41 revisions in the
Pala accord, including raising the allowable number of gambling machines
from 975 to 1,132 -- the number Viejas is now operating.
The Viejas compact limits the state's jurisdiction solely to a 37-acre area
encompassing the casino. That excludes the tribe's new factory outlet
center, right across the street.
Despite the revisions, many tribal members opposed the proposed compact.
"I personally voted no, because I didn't think we negotiated. We were
handed something," said Marianita Sanchez, 44. "I believe very firmly we
are losing our right to govern ourselves."
The paragraph that was deleted was under a section of the Wilson-Pala pact
allowing service employees -- those not directly involved in gaming -- to
unionize. It states:
"The tribe shall advise service employees that it is neutral to their
selection of an exclusive representative, if any, and shall not directly or
indirectly state or imply opposition to the selection by service employees
of an exclusive representative, if any, or preference for or opposition to
any particular employee organization as an exclusive representative."
Wilson's legal counsel and chief negotiator, Dan Kolkey, said the governor
would reject the compact as submitted.
"He will not sign this," Kolkey said. "We're very disappointed at the
action taken by the tribe on Saturday. This unilateral change came
completely out of the blue."
Kolkey said tribal members "had no right to unilaterally change the
agreement" negotiated between the state and the tribal council.
"We think the tribe owes it to its members, as well as its employees, to
present the compact that was negotiated," he said. "They should either
approve it or disapprove it."
Rod Betts, a San Diego attorney specializing in labor law, said federal
statutes allow employers to campaign against unions.
"Here the state is asking the tribe to give up that right and remain
neutral," he said after examining the provision in question. "There's
nothing unlawful about what the state is trying to do, but it is pretty
heavy-handed."
Some of Viejas' 1,700 employees attended yesterday's news conference to
voice support for the tribe.
"I think they did what they felt was fair for everyone concerned," said
change clerk Leslie Jones, 21, of El Cajon.
The county's other gaming tribe, the Sycuan Indian band, is still trying to
get a compact with Wilson and avoid federal enforcement. John Tang, tribal
business manager, said a revised proposal was faxed to the governor Friday,
and tribal leaders had scheduled a meeting last night to update members on
what's happening.
But Kolkey said Sycuan is submitting proposals that are "unresponsive to
the state's position."
"We're still far apart," he said. "They aren't showing any willingness to
adhere to the agreement they said they would enter. They have a very large
number of subjects that they want to change."
The U.S. Attorney's Office in San Diego is expected to rely on Kolkey's
advice on whether to pursue forfeiture suits against any of the three
tribes.