.-,', '; NIXON, NEVADA

Transcription

1 ~"' Pyramid Lake Paiute Tribe Post Office Box 256 Nixon, Nevada 89424, Telephone: (775) 5!4.;JOOO/ ~> - fax ((75) 574-!008 RESOEl:rrrONNO.: PL 77-08?... - ~ '_. ::'~:'~;_'~::'> '-'::~_ ',<:"'0' 7-~~, 't:~. ~~.. ->' RESOUVFION O}'-l'lIE TRmr\l-- corxcn; 'OF THEPyIDunD'L~ PAIUTE tribe.-,', '; NIXON, NEVADA WHEREAS, WHEREAS, 'if, ' the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section 16 ofthe Indian Reorganization Act (25 V.S.C. 476) and is federally recognized by the United States Government-through the Secretary of the Interior and the :. Bureau of IndianAffairs; and., '...,.. thepyramidlake l'ribalcoun ij:; the,gov~rning bodj' " 'Fribec.realizes itsduty and obligation to preseweatj pegplt1.as specified.in the Constitution andby-laws'o 'T:rib~riliid" '. ;. -,~... WHEREAS, the Pyramid Lake.Paiute Tribe has an established Employment Rights Ordinance to govern employment rights on the Pyramid Lake Reservation to.increase, einmo)'i}1ent of its members; and. '.',, '" " ''' '". c\s l. ~~r-.~, '%,0<.;&, ",~~""<- ~ WHEREAS,~'~lhe Pyramid Lake P~iutefrib~ wishes to amend Section '()'-and Section of the said Employment Rights Ordinance as follows: An employment rights fee to raise the revenue for the operation of the TERO and to provide job training to qualified workers is hereby imposed as stated in the following subsections. 8, Every covered construction contractor with a contract of $50,000 or more shall pay a one time TERO fee of two percent (2%) and a training fee of one-half of one percent (0.5%) of the total contract amount. The fee may be paid in installments over the length of the contract. NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby approves the amendment to the Employment Rights Ordinance and that said amendment is effective immediately. CERTIFICATION It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing body of the Pyramid Lake Paiute Tribe, composed often members, of whom -.ll constituting a quorum were present at a meeting duly held on the 21 st day of NOVEMBER, 2008 was adopted by the affirmative vote of_9 _ FOR and _0_ AGAINST, with _0_ ABSTENTIONS; pursuant to the authority contained in the Constitution and By-laws of the Pyramid Lake Paiute Tribe. G Wadsworth, Tnbal Secretary Pyramid Lake Tribal Council

2 ORDINANCE NO. XXVIII AN ORDINANCE Reservation. Governing employment rights on the Pyramid Lake Indian PYRAMID LAKE TRIBAL CODE TITLE 8 EMPLOYMENT RIGHTS CODE CHAPTER 8.01 GENERAL PROVISIONS Title. This Ordinance shall be known as the Pyramid Lake Indian Reservation Employment Rights Ordinance Authority. This Ordinance is adopted by the Pyramid Lake Paiute Tribal Council pursuant to the provisions of Article VI, Section l(f) and (m) of the Constitution of the Pyramid Lake Paiute Tribe Policies Like land, water, and minerals, jobs in private employment on or near the Pyramid Lake Indian Reservation are an important resource for Indian people and Indians must use their rights to obtain their rightful share of such jobs as they become available Indians have unique and special employment rights and the Pyramid Lake Tribal government has the inherent sovereign power to pass laws to implement and enforce those special rights on behalf of the Indians. -1-

3 .~ Indians are also entitled to the protection of the laws that the Federal Government has adopted to combat employment discrimination, and tribal governments can and should playa role in the enforcement of those laws The Pyramid Lake Tribe believes it is important to establish an employment rights program and office in order to use the aforementioned laws and powers to increase employment of Indians and to eradicate discrimination against Indians. CHAPTER 8.02 EMPLOYMENT RIGHTS OFFICE The Pyramid Lake Paiute Tribe does hereby establish the Pyramid Lake Tribal Employment Rights Office, (hereinafter called "TERO") as an independent office of the,~ Tribe, reporting directly to the Tribal Chairman. The Director shall have the authority to expend funds appropriated by the Tribal Council, and to obtain and expend funding from Federal, state or other sources to carry out the purposes of the office. The Office shall have the authority to issue rules, regulations, and guidelines to implement the employment rights requirements imposed by this ordinance to hold hearings, to subpoena witnesses and documents, to require employers to submit reports and to take such other actions as are necessary for the fair and vigorous implementation of this ordinance. CHAPTER 8.03 EMPLOYMENT PREFERENCE All employers operating within the exterior boundaries of the Pyramid Lake Reservation are hereby required to give preference to Indians in hiring, promotion, training, -2-

4 all other aspects of employment, and in sub-contracting. Said employe~s shall comply with the rules, regulations, and guidelines of the employment rights office th~t set out the specific obligations of the employer in regard to Indian pr e f e r en ce, Any covered employer who has a collective bargaining agreement with one or more unions shall obtain written agreement from said union(s) stating that the union shall comply with the Indian preference laws, rules, regulations, and guidelines of the Pyramid Lake Paiute Tribe. Such agreement shall be subject to the approval of the employment rights office. Such agreement does not constitute official tribal recognition or sanction of any union Any empl.oyer who fails to comply with the laws, rules, Legulalions, or guidelines on employment rights of the Pyramid Lake Paiute Tribe or who fails to obtain the necessary agreements from its signatory unions shall be subject to sanctions which shall include but are not limited to: denial of the right to commence business on the Pyramid Lake Reservation, civil fines, suspension of the employer's operation, termination of the employer's operation, denial of the right to conduct any further business on the Pyramid Lake Reservation, payment of back payor other relief to correct any harm done to aggrieved Indians, and the summary removal of employees hired in violation of the Pyramid Lake Paiute Tribe's employment rights requirements Sanrtions shall be im?osed by the Director, -3-

5 after allowing the employer an. opportunity to present evidence shbwing why it did not violate the requirements or why it should not be sanctioned. An employer shall have the right to appeal to the tribal court any decision by the Director that imposes sanctions on him. CHAPTER 8.04 AUTHORITY OF EMPLOYMENT R-GHTS OFFICE In implementing the requirements of this ordinance, the Employment Rights Office is authorized to: 8.J4.01l Impose numerical hiring g0als and _imetables that specify the minimum number of Indians an employer must hire, by creft or skill level Require covered employers to establish or participate in such training programs as the nffice determines necessary in order to increase the pool of qualified Indians on the Pyramid Lake Reservation as quickly as posbible Establish in conjunction with the Tribal Employment and Training Program a tribal hiring hall and 'mpose a requirement that no covered employer may hire a non-indian until the tribal hiring hall has certified that no qualified Indian is available to fill the vacancy Prohibit any covered employer from using qualifications criteria or other personnel requirements that serve as barrie:s to Indian ~mployment unless the employer can demonstrate that such criteria or requirements are required by business necessity. In developing regulations to implement this requirement, the Office shall adopt the EEOC guidelines on thes2 matters to the extent they are appropriate. However, the -4-

6 Office shall have the ri~ht to impose additional requirements, beyond those established by EEOC, in order to address employment barriers that are unique to Indians. 8.J4.015 To enter into agreements with unions to e naur e un i.o n c omp L iance with t h is o rdi nance To require ernplo ye r s to give preference in the award of contract a and sub-contracts to t:ibal and oth~r Indian-owned firms ana entities To establish proqr ams, in conjunction witb other tribal and Federal offices, to provide counseling and suppvrt to Indian work_rs to assist them retain employment. Employ_rs sholl be required to participate in und/or cooperate with su ] _upport and coun e1:ng progr~m Tak~ such other acti ns as ar iec e s s e ry to achieve the plrposes an ~bjectives of this ordinance. However, the implementation of any activities or requirements that constitute a s i qn: ficant new compc..e..t to this program, beyond those iated in B S shall be subject to the prior a~proval of the Tribal Council. In implementing these componerts, the Office shall have the i~cretion to begin y implementing certain of these components r ty applying all of the components to limited kinds Af employers (e.g. c on struc ti on, mi n i.nql, Whiche er approach to phasing-in the p_ogram the TERO d cides to us, it shall develop at a gradual pace in 0 8er to ensure a stable and eff_ctive progr m Th Lffic_ ip auth~rized to enter into cooperative r e La t i.c ships w i h Federal EmploY1itent rights -!,)...

7 agencies, such as EEOC and OFCCP, in order to eliminate discliminatiol against In~ians on and off of the Pyramid Lake Reserv t Lo e eha TER 8. '5 EMPLOYMENT RIGHTS FEE An employment rig1ts fee, to raise revenue f.r the opera" ion of the Office is hereby imposed as follows: (T r o zi de d t.h a t the fee shall n '-9 into effect i It'1 2 year s after this ordinance is adopted.) ~very cov red constr letian contractor with a contract of $ldo~o 0 or more 81a1_ pay a on.-time fee of 1/2 of 1% f th~ _otal am~unt of the contract. The fee ay be paid in installrnen.sover the length of the cont~act Every covere employerv ther th n construction contractor with twenty or more emp~oyees or gross sales of $100,000 or more shall pay an annual fee of 1/2 of 1% of t he annual payr oll, of that employer. 'l'hisfee shall n t appl to e: cat~onal, hea'th, government~lr or non-profit employers Such fe~s shall be paid to the Tribal gov.rnlen "_d sha_l be pl~c d in a sp cial account to be used to me t the 0t' rat in ets of the Ofrire. The Office shal be responsible for collecting -aid fees and is a thorizea to establi h s ch :ules and regulations as are nece_sary to ensure a f a i and t i me Ly f ee collect '.0. pr 'cess. A:1 employer or cont.r ac t cr 1,.'110 fails to pay t' ~ r e.-uired fee shall. be.ub j ec t o the sanctio~ s providel. for in this Ordinance. The Office 18 authoriz_o to develop a program to reb'te olle or _11 of he

8 .., " fees paid by an employer if that employer is fqund to be in compliance with the requirements imposed by this resolution and is making a substantial effort to employ, train, and promote Indians The Tribal Employment and Training Program (CETA) and the BrA Employment Assistance Program shall devote such amount of their resources as is necessary to preparing Indians for the job opportunities to be opened up by the employment rights program. CHAPTER 8.06 SEVERABILITY If any provision of this Ordinance, or its application to any person or circumstance is held invalid, the remainder of the Ordinance, or the application of the provision to other persons or circumstances, is not affected. CERTIFICATION It is hereby certified that the foregoing Ordinance of the Pyramid Lake Paiute Tribal Council, governing body of the Pyramid Lake Paiute Tribe, composed of ten members whom ~;,~O~_ constituting a quorum were present, at a meeting duly held on the 5& day of t:zup;;;.!4,./=, 198~, was adopted by the affirmative vote of 9 for and Q against pursuant to authority invested in it by Article VI, section 1 (f) and (m) of the Constitution of the-trlbe. ~n,p~m~ Paiute Tribal Council Secretary, Pyramid Lake Paiute Tribal Council APPROVED:/~~ Superintendent -7- A11gust 12, 1983