2006 New York Code - 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  State  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   State
  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.