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Godfrey & Kahn's Indian Nations Law Team understands that, in Indian country, employees are not just a "cost of business" but family, neighbors, friends and members who vote at tribal elections. Tribal leaders must balance their responsibility to operate government programs and tribal enterprises efficiently for the benefit of current and future members against the need to encourage members to develop their skills and support their families.

In 2007, the District of Columbia Court of Appeals ruled that the National Labor Relations Board has jurisdiction over efforts by unions to organize tribal enterprise employees. The likelihood that unions will attempt to organize tribal workers presents new challenges for tribal leaders. Indeed, because of strict rules restricting employers' activities during union elections, if tribes wait until a union petition is filed to react, it may be too late.

In the area of benefits, tribes, like all U.S. employers, struggle to offer "first class" benefits to employees in an era of skyrocketing health care costs. The uncertainty surrounding the ability of tribes to offer "government plans" under the Employee Retirement Income Security Act (ERISA), and the failure of Congress so far to enact clarifying legislation adds to the challenge.

Godfrey & Kahn's experienced employment and labor lawyers assist tribal leaders and tribal attorneys to achieve the goals of attracting high quality employees, developing the capabilities of tribal members and protecting tribes from infringement of rights of self-government. Our experience includes:

• Operational advice to managers relating to hiring, discipline, benefits, etc.
• Preparation of employee policies and handbooks, including grievance remedies that provide basic fairness to employees without undermining the authority of tribal managers
• Proactive strategies to minimize the likelihood that a tribe will be the target of a union effort to organize the Tribe's workers
• Representation in disputes with federal or state agencies

Godfrey & Kahn, S.C. is a general practice law firm of approximately 200 attorneys with Wisconsin offices in Milwaukee, Madison, Green Bay, Waukesha and Appleton, as well as offices in Washington, D.C. and Shanghai, PRC. The mission of the Godfrey & Kahn Indian Nations Law Team is to assist tribal governments and other entities that partner with tribes, in strengthening tribal sovereignty, preserving tribal natural and cultural resources, and improving the quality of life of tribal members.