The Sixth Circuit Court of Appeals yesterday heard oral argument in Little River Band of Ottawa Indians v. National Labor Relations Board, a case wherein a tribal government challenges the jurisdiction of the Board over employment by tribes on reservations. 

Last week, prior to the hearing, the National Labor Relations Board moved for a stay of the proceedings, arguing that the ongoing shutdown of the federal government prevented them from participating fully in the October 8 hearing:

A postponement of that date is necessary because the attorneys responsible for the case, along with essentially all of the Board’s attorneys and other employees, have this day been furloughed indefinitely as part of a federal – government shutdown due to lack of appropriated funds. Those attorneys are prohibited from working until they are recalled from furlough. See 31 U.S.C. §1342.

In a fairly pithy Order, the Court of Appeals denied the motion for a stay due to the furloughs, but afforded the government lawyers the opportunity to participate by telephone.  The Board attorney, however, furlough notwithstanding, appeared and argued the federal government’s case.

For more information on the background case, see the LRB Case webpage at the Turtle Talk blog.