N.Y. Executive Law § 12: Tribal-state compact

§ 12. Tribal-state compact. (a) Notwithstanding any other law, the

state, through the governor, may execute a tribal-state compact with the

Seneca Nation of Indians pursuant to the Indian Gaming Regulatory Act of

1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18 U.S.C. §§ 1166-1168)

consistent with a memorandum of understanding between the governor and

the president of the Seneca Nation of Indians executed on June

twentieth, two thousand one and filed with the department of state on

June twenty-first, two thousand one. Such tribal-state compact shall be

deemed ratified by the legislature upon the governor's certification to

the temporary president of the senate, the speaker of the assembly, and

the secretary of state, that such compact, through its terms, by a

memorandum of understanding or other agreement between the state and

Nation, by a Nation's ordinance or resolution, by statute, by executive

order, or by the terms of any other agreement entered into by or on

behalf of the Nation, provides: (i) assurances that the Nation will

provide (1) reasonable access to the gaming and related facilities to

labor union organizers for purposes of a campaign to solicit employee

support for labor union representation; (2) permission for labor union

organizers to distribute labor union authorization cards on site for the

purpose of soliciting employee support for labor union representation;

and (3) recognition of labor unions as the exclusive collective

bargaining representatives of employees in appropriate bargaining units

based upon a demonstration of majority employee support of such labor

unions by union authorization card check as verified, if necessary, by

an independent arbitrator appointed by the Public Employment Relations

Board in consultation with the Nation and the labor union; (ii)

assurances that the Nation has an adequate civil recovery system which

guarantees fundamental due process to visitors and guests of the

facility and related facilities; and (iii) assurances that the Nation

will maintain during the term of the compact sufficient liability

insurance to assure that visitors and guests will be compensated for

their injuries.

(b) Notwithstanding any other law, the state, through the governor,

may execute tribal-state compacts pursuant to the Indian Gaming

Regulatory Act of 1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18

U.S.C. §§ 1166-1168) authorizing up to three Class III gaming facilities

in the counties of Sullivan and Ulster. Such tribal-state compact shall

be deemed ratified by the legislature upon the governor's certification

to the temporary president of the senate, the speaker of the assembly

and the secretary of state, that such compact, through its terms, by a

memorandum of understanding or other agreement between the state and

Nation, by a Nation's ordinance or resolution, by statute, by executive

order, or by the terms of any other agreement entered into by or on

behalf of the Nation, provides: (i) assurances that the Nation will

provide (1) reasonable access to the gaming and related facilities to

labor union organizers for purposes of a campaign to solicit employee

support for labor union representation; (2) permission for labor union

organizers to distribute labor union authorization cards on site for the

purpose of soliciting employee support for labor union representation;

(3) provision of employees' names and addresses to labor union

representatives and tribal/employer/management neutrality in labor union

organizing campaigns; (4) recognition of labor unions as the exclusive

collective bargaining representatives of employees in appropriate

bargaining units based upon a demonstration of majority employee support

of such labor unions by union authorization card check as verified, if

necessary, by an independent arbitrator appointed by the Public

Employment Relations Board in consultation with the Nation and the labor

union; and (5) final and binding arbitration of organized labor matters

or disputes including negotiations for collective bargaining agreements

with arbitrators' awards enforceable in a state or federal court of

competent jurisdiction; (ii) assurances that the Nation has an adequate

civil recovery system which guarantees fundamental due process to

visitors and guests of the facility and related facilities; and (iii)

assurances that the Nation will maintain during the term of the compact

sufficient liability insurance to assure that visitors and guests will

be compensated for their injuries.

(c) Except as otherwise specifically provided in the compact, the

state specifically reserves all its rights, as attributes of its

inherent sovereignty, recognized by the tenth and eleventh amendments to

the United States Constitution. Nothing in this section shall be

construed to affect the existing authority of the governor under the

constitution and laws of this state to execute tribal-state compacts.