'638' workers can't unionize

By Jim Maniaci
Diné Bureau

WINDOW ROCK — Several thousand workers for school and hospital non-profit corporations in the Navajo Reservation won't be allowed to unionize as a result of the recent vote of the Navajo Nation Council committee with the final say about such rules.

The rules and regulations are needed to flesh out unionizing rights found in the Navajo Preference in Employment Act.

The Human Services Committee recently vote 1-6 on the resolution by Raymond Maxx (Toh Nanees Dizi-Tuba City, Coal Mine Mesa Chapters) which Speaker Lawrence Morgan assigned to eight of the 12 committees on March 4.

Maxx's wife, Eunice Begay, is the chair of the Tuba City Regional Health Care Corporation, by far the most controversial board among the three converted from test projects to a 15-year term for their "638" contracts by a 65-13 vote of the Navajo Nation Council on June 3. The Tuba City board has refused to carry over the recognition the Indian Health Service had long granted the Laborer International Union of North America.

The board's attorney, former Chief Legislative Counsel Steve Boos, along with his once chief deputy, Frank Seanez of the Legislative Counsel's Office, and the tribal justice division's lawyers helped draft the regulations.

About half of the 66 BIA-funded schools on the reservation also are directly affected, including off-reservation dormitories.

The regulations do not affect the tribal government and its directly controlled off-shoots, as they are written specifically for the "638" and "297" corporations. (For many years the United Mine Workers of America's region has tried to win the right to attempt unionization of the approximately 7,000 employees of the tribal government.)

Included in the 7-page resolution of regulations was the purpose, "...to promote harmonious and cooperative relations between 638 and 297 employers and their employees through collective bargaining." The numbers refer to Public Laws 93-638 and 100-297 which cover programs which tribes took over from the federal government through non-profit corporations.

Employees "within the Navajo Nation have the right to organize, bargain collectively, strike or peaceably picket," the resolution says, citing the Navajo Preference in Employment Act. And that right includes, according to the resolution, "the right to form, join or assist any labor organization for the purpose of collective bargaining without interference, restrain or coercion by an employer or any other person."

Also part of the regulations are sections covering forbidden employer practices, being the exclusive bargaining agent, certification of a union, de-certification of the bargaining agent, resolution of impasses, and monitoring and enforcing the regulations by the tribal Labor Relations Office.

Since the resolution concerned rules and regulations, it does not go to the Navajo Nation Council. (If the sponsor had proposed actually changing the law, such a bill would be required to go to the council.)

This left the final decision to the Human Services Committee, which had to wait on reports from the other seven panels before the document reached the committee chaired by Young Jeff Tom (Mariano Lake, Smith Lake).

The motion to adopt came from Larry Anderson Sr. (Fort Defiance) with a second from Harriett Becenti (Manuelito, Rock Springs, Tsayatoh). Other members are Vice Chair Tom M. White Jr. (Fort Defiance), Omer Begay Jr. (Cornfields, Greasewood Springs, Klagetoh, Wide Ruins), Woody Lee (Sweet Water), Philbert L. Tso (Kaibeto) and Elbert R. Wheeler (Many Farms, Round Rock). The chair only votes to break a tie.

On March 28, the Public Safety Committee gave the resolution a negative recommendation, 3-4. Two days later the Health-Social Services Committee added its negative endorsement, 2-4. On May 20, the Education Committee also opposed it, 2-4. On June 6, the Budget-Finance Committee continued the string of opposition, 2-3. Two days later, the Transportation-Community Development Committee became the first to offer a positive recommendation, 4-3. On June 10, the Judiciary Committee unanimously opposed its adoption, 5-0.

There was no Resources Committee report immediately available, although George Arthur's (Burnham, Nenahnezad, San Juan) panel was supposed to be the third in line.

— To contact reporter Jim Maniaci, telephone (505) 371-5443.