The Navajo Preference in Employment Act. Updated 7/2014. Howard L. Brown, Esq. 702 North Beaver Street Shorall McGoldrick Brinkmann Flagstaff, AZ 86001 attorneys • phoenix • flagstaff 928.779.1050 fax 928.779.6252.
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Howard L. Brown, Esq. 702 North Beaver Street
Shorall McGoldrick Brinkmann Flagstaff, AZ 86001 attorneys • phoenix • flagstaff 928.779.1050 fax 928.779.6252
New Mexico Law Review, v. 40, Winter 2010
New Mexico Law Review, v. 43, Fall 2013
Independent entities with inherent powers of self-government
Tribal courts exercise civil & criminal jurisdiction
Power to regulate & tax members
Sometimes nonmembers, too.
One of the largest federally-recognized tribe in US
250,000 + members
25,000 square miles
Executive, Legislative, & Judicial Branch
Integral part of our cultural, economic & political lifeBackground: Indian Nation Authority
1. Provide employment opportunities for the Navajo work force
2. Provide training for the Navajo people
3. Protect the health, safety & welfare of Navajo workers
4. Foster economic self-sufficiency of Navajo families
5. Promote economic development of the Navajo Nation
6. Lessen Navajo Nation’s dependence on off-Rez employment, income, goods and services
7. Foster cooperative efforts with employers to assure expanded employment opportunities for the Navajo work force (#7 was added in 1990)
“Any Navajo who demonstrates the necessary qualifications for an employment position shall be selected by the employer”
Repeated violations do not constitute just cause simply because of their repetitive nature. The repeated violations must rise to substantial misconduct.
Consider a policy that addresses repetitive misconduct
Lessons from Elsie Rose Albert v. Ch’ooshgai Community School Board of Education, Inc., No NNLC 2010-026 (NNLC October 27, 2010)
■ The School was proactive in notifying employees of the upcoming reorganization and that they would have to re-apply
■ The School was exceedingly fair in developing and implementing a re-hiring process
Document details of each incident when they occur
Use progressive discipline and PIPs when appropriate
Clear Policies + Training
Apply policies with uniformity
Use k’e mechanisms: Restoring the relationship and fixing problems through talking things out, accountability, self-correction, withholding punishment, etc.
DOCUMENT, DOCUMENT, DOCUMENT
8. The following require corrective action
The Navajo Preference in Employment Act receiving one or more applications from Navajo applicants may be suspect
Howard L. Brown, Esq.
Shorall McGoldrick Brinkmann 702 North Beaver Street
attorneys • phoenix • flagstaff Flagstaff, AZ 86001