TERO Ordinance

Title XIII Chapter 4: Employment Preference

Sec. 401. Indian Employment Preference.

Every covered entity is required to give preference to Indians resident on or near the Reservation in hiring, promotion and training of employees on trust land within the Reservation The provisions of this Chapter apply to all such hiring, promotion and training.

Sec. 402. Index of Indian applicants.

TERO shall maintain an index of Indians seeking employment, and their qualifications. The index shall be maintained and cross-referenced so that TERO can easily and efficiently determine whether any Indians in the index meet the qualifications for a particular job and can develop a list of those who do.

Sec. 403. Hiring.

(a) A covered entity may recruit and hire employees or trainees from whatever source and by whatever process it chooses, provided that it may not hire a non-Indian until TERO certifies that no Indians meeting the qualifications set by the covered entity are listed on its index.

(b) Any covered entity bringing work crews, teams or preexisting employees onto the Reservation shall be required to purchase a right to work permit through the TERO Department. This permit shall be valid for only the duration of the stated project. Any other project or contract shall require the purchase of a new right to work permit. The permit will be at the amount of $50.00 per person per contract (project), not to include Fort Peck tribal members. This permit will be purchased before commencement of work and any entity found to be out of compliance with this requirement will be found to be in violation of the TERO Ordinance and subject to civil fines per XIII CCOJ 305. The amount of ten percent (10%) of this permit will go into the TERO budget to ensure adequate monitoring.

If a covered entity brings work crews, teams or preexisting employees onto the Reservation to perform specific projects on trust land, such crews or teams must include not less than eighty percent (80%) Indians, unless TERO certifies that no Indians meeting the qualification for such crews or teams are listed on its index.

(c) Upon request, TERO will provide a covered entity with a list of those Indians in its index who meet the qualifications specified by the covered entity, or will refer a specified number of such Indians to the entity.

(d) The qualifications set by the covered entity under subsection (e) may not include non-job-related qualifications which have a discriminatory impact on Indian applicants.

(AMENDED AS PER RESOLUTION NO. 788-88-5, DATED 05/11/88. AMENDED AS PER RESOLUTION NO. 261-2008-01, DATED 01/14/2008.)

Sec. 404. Layoffs.

In all layoffs and reductions in force, no Indian shall be terminated if a non-Indian worker in the same craft or job remains employed. If a covered entity lays off by crews, qualified Indians shall be transferred to crews that will be retained so long as there are non-Indians in the same craft or job employed.

Sec. 405. Promotion.

Every covered entity shall give preference to Indians in consideration for promotion and shall encourage Indians to seek promotion opportunities. For all supervisory positions filled by non-Indians, the employer shall file a report with TERO stating what Indians applied for the job, the reasons why they were not given the job, and the efforts made to inform Indians of the opportunity.

Sec. 406. Summer students.

Indians shall be given preference in the hiring of summer student help. The employer shall make every effort to promote after-school, summer, and vacation employment for Indian youth.

Sec. 407. Effect of collective bargaining agreements.

In no event shall a collective bargaining agreement with any union constitute an excuse for failure to comply with the Indian preference policy of this Chapter. Covered entities with collective bargaining agreements shall obtain any necessary agreement from any union with which it has a collective bargaining agreement or give other satisfactory assurance that the covered entity and union will:

(a) Comply with this Chapter;

(b) Give absolute preference to Indians in referral, regardless of which union referral list they are on;

(c) Establish mechanisms, such as phone or mail registration, or a union suboffice near the Reservation, so that Indians do not have to travel great distances to retain their place on union lists;

(d) Establish necessary journeyman upgrade and advance apprenticeship programs for Indian workers

(e) "Blanket in" to the union all Indians who qualify and who wish to join the union; and

(f) Grant work permits to Indians who do not wish to join the union. TERO’s participation in a written agreement with a union shall not constitute official tribal recognition of any union or tribal endorsement of any recruiting activities conducted by any union.

Sec. 408. Individual complaints.

Any person or entity which believes that any covered entity has failed to comply with the requirements of this Chapter may file a complaint with TERO whether or not the complaining party can demonstrate it is personally harmed by the alleged non-compliance.

Sec. 409. Compliance and hearing procedures.

If TERO has reason to believe, either as a result of a complaint filed pursuant to Section 408 or through its own investigations, that a covered entity has failed to comply with any of the requirements of this Chapter, TERO shall so notify the entity in writing specifying the alleged violations(s). If the party being so notified is a contractor or subcontractor, notice shall also be provided to the entity holding the permit or authorization under which the contractor or subcontractor is operating, and such entity may be a party to all further negotiations, hearings and appeals. The entity cited and TERO shall have twenty (20) days to pursue a voluntary, informal resolution of the problem. If no such resolution can be reached at the end of twenty (20) days, TERO shall notify the Review Board and request that it set up a formal hearing on the problem within twenty (20) days of such notice. The procedures at such hearings shall be as provided in Chapter 3. TERO shall pursue on behalf of the Tribes complaints it determines to have merit. If the Review Board decides that an entity has failed to comply with the ordinance, it may impose one or more of the sanctions provided for in Section 305.