Labor unions flex muscle as national commission studies American Indian gambling

Both sides gave the National Gambling Impact Study Commission an earful during testimony Wednesday.

"We are concerned about the laws and regulations that control the lives of workers in casinos," said Maria Elena Durazo, president of Hotel Employees & Restaurant Employees Union, Local 11, AFL-CIO.

"We believe that the best way to address that is through the negotiation process. Proposition 5 does not include that, it excludes any enforceable rights. We have no choice but to oppose Proposition 5."

"As far the unionization goes, we'll cross that bridge when we get there. It's not a big ... breaker deal for us," said Clifford Lachappa, chairman of the Barona tribe in Lakeside. "If we can come together and sit down and talk, that's what we'll do."

Tribal leaders, who have been battling to legalize their operations in California, pressed the benefits of Proposition 5, a ballot initiative that the majority of the state's tribes would like voters to approve in November. It would give them the right to operate forms of gambling deemed illegal by Gov. Pete Wilson.

In a rare opportunity to make their case before the commission and to campaign against the initiative, more than 400 union members, clad in yellow T-shirts, packed the Del Mar Hilton ballroom.

While Nevada casinos have been portrayed as the initiative's primary opponents, the labor unions made it clear they will be a vocal opponent of the initiative for its failure to allow for organized labor.

The unions support Indian sovereignty, which exempts reservations from federal labor laws, but they consider the proposition "two steps back" for labor unions, Durazo said.

An estimated 90 percent of tribal casino employees are non-Indian.

The commission, which is studying the social and economic effects of gambling in the United States, heard testimony on American Indian gambling and horse racing.

The panel moved to Tempe, Ariz., today for testimony from Arizona tribal leaders before concluding this latest round of hearings.

Congress created the commission in 1996 in the wake of massive gaming proliferation nationwide and charged the nine-member panel with reporting its findings to the President by June 20, 1999.

On Wednesday, tribal leaders sought to placate the unions by assuring them of the Indians' willingness to negotiate, although they offered no specifics.

In a deviation from his written remarks, Anthony Pico, chairman of the Viejas Band of Kumeyaay Indians, decried the split between the predominantly Hispanic labor contingent and the Indians.

"I think that (the conflict between) the unions and the tribes is an example of the wedge politics of that's going on in this state," Pico said. "We see that here today when we see union people, good union people, (coming out) against the tribes,"

The Viejas voted just days ago to sign a compact with Wilson that is similar to a deal reached with the Pala Band of Mission Indians. However, the Viejas vetoed a paragraph requiring them to remain neutral if employees try to organize.

Wilson said the agreement was invalid because the tribe eliminated the labor union provision.

Pico said the Viejas only signed the deal because they believed Wilson "had a gun to our heads." The tribe, he said, feared action by the U.S. Department of Justice if it didn't negotiate with the state as required under the 1988 federal Indian Gaming Regulatory Act.

The Pala compact is opposed by many of the tribes, who consider it too restrictive. The unions support the Pala compact because it requires the tribe to allow unions at any casino it opens.

The Barona Band of Mission Indians, which operates one of the state's most profitable Indian casinos, negotiated a deal with the state last week.

Durazo said that while she was encouraged by the tribal leaders' response to the union presence, she will continue to oppose Proposition 5 because it makes no provision for union organization.

The initiative's authors previously refused to address the issue, she said.

"On the one hand, I'm very glad to hear there's a recognition that they (tribal casino workers) should have the rights that all workers should have," Durazo said. "Obviously our concern is that it's an enforceable right."

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