Friday, June 6, 2008

Alan Maki demands suspension of SMSC Gaming Enterprise licenses

Alan Maki, Director of Organizing for the Midwest Casino Workers Organizing Council, has requested state officials revoke the gaming licenses for the huge Mystic Lake and Little Six casino operations employing over 5,000 workers because workers are being systematically denied their human and constitutional rights.

Will State officials act or continue to allow the human rights of casino workers to be violated?


-----Original Message-----

From: Alan Maki []

Sent: Friday, June 06, 2008 10:37 AM

To: ''; 'Sen.David Tomassoni'; ''; ''

Cc: ''; ''; ''; 'Al Juhnke'; ''; ''; ''; ''; ''; ''; ''; ''; ''; ''; ''; ''; ''

Subject: Re: Request for immediate suspension of all gaming licenses of SMSC Enterprise (Mystic and Little Six casinos)

Representative Thomas Rukavina and State Senator David Tomassoni;

I am requesting that you and the Minnesota Commissioner of Public Safety along with the Minnesota Attorney General, commence--- without delay--- an investigation into the illegal and unconstitutional labor practices of SMSC Gaming Enterprise; and, pending a complete investigation, immediately move to suspend the gaming licenses SMSC Enterprise and their Mystic and Little Six casinos for violation of labor laws.

In the process of representing a terminated employee of SMSC Gaming Enterprise which I have previously brought to your attention, it has been found that SMSC Enterprise Policies (specifically Policy # 501) referencing “Personal Conduct & Work Standards” which states in no uncertain terms grounds for termination of employment: “Any union organizing activity.”

I would note that Mr. Crooks, the Tribal Council, along with the Chief Operating Officers and Management of SMSC Gaming are all fully aware, and have been aware for a very long time, that the Indian Gaming Industry falls under the jurisdiction of the NLRA and NLRB and as such, all rights protected under the United States Constitution and Bill of Rights, including the Minnesota State Constitution relating to the rights of workers to freely associate and communicate with one another and the general public are being systematically violated.

Particularly troublesome is the fact that the Minnesota Department of Employment and Economic Development continues to base its eligibility for unemployment compensation on whether or not those terminated from the employment of SMSC Gaming Enterprises have violated those sections of the SMSC Gaming Enterprise’s employment policy regarding whether or not they violate these illegal policies of SMSC Gaming Enterprise, that is specifically Policy 501.

I am requesting that you immediately forward this e-mail along to the Minnesota Commissioner of Public Safety with a request that ALL GAMING ACTIVITY be IMMEDIATELY Suspended on all gaming premises of enterprises owned and/or managed by SMSC Gaming Enterprise and an immediate review of all other Indian Gaming establishments be reviewed immediately and forthwith, and the appropriate suspension of all gaming activity be ordered to cease until employment “Standards and Policies” are brought into line with the NLRA/NLRB directives concerning the rights of those employed in the Indian Gaming Industry in the State of Minnesota.

In the past, you have stated to me that these issues concerning Indian Gaming and labor issues fall to the jurisdiction of federal officials. Let me remind you that when the Minnesota Department of Employment and Economic Development denies workers the unemployment benefits to which they are entitled, based on their interpretation of employment policies of an Employer which are in complete violation of federal and state laws (the Minnesota Constitution includes all federal laws), this is the time at which you and other state legislators need to come forward and insist action be taken that these employers and the Minnesota Department of Employment and Economic Development and the Commissioner of Public Safety step forward and vigorously act to protect the rights of working people along with their rights to unemployment compensation.

I also insist that the Minnesota State Legislature direct the Minnesota Department of Employment and Economic Development to pay my client the unemployment compensation to which he is entitled and an order be issued from the Minnesota Department of Labor that my client be immediately re-instated to his employment with SMSC Gaming Enterprise.

I will be requesting that the NLRB be brought into this matter if you and state legislators refuse to undertake your responsibilities in this matter.

You have the Case Number and my client’s name which I have not included to protect this worker from further harassment. As I have noted, this employee served in harms way for many months in the United States Armed Forces in Iraq and has an honorable discharge.

Alan L. Maki
Director of Organizing,
Midwest Casino Workers Organizing Council

Alan L. Maki & Associates

58891 County Road 13
Warroad, Minnesota 56763
Phone: 218-386-2432
Cell phone: 651-587-5541

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