Section EMP.01.03 — Guaranteed Employee Rights
The Stockbridge-Munsee Tribal Council ordains that all employees, exempt or nonexempt, are guaranteed basic employment rights as outlined in the following areas:
(a) All employees are eligible for unemployment compensation in accordance with applicable laws, rules and regulations as adopted by the Stockbridge-Munsee Tribe.
(b) The Tribe recognizes basic human rights in the workplace in regard to age, sex, disability, race, creed, religion, political affiliation, national origin, color, sexual orientation, marital status and ancestry. Subject to the Tribe's Employment Preference Ordinance, employees shall not be discriminated against for these basic rights, provided that:
(1) This paragraph shall not infringe on the right of the tribal government to discriminate based on tribal political affiliation with respect to political appointees.
(2) It is not a violation of this Ordinance to treat a person differently based on disability if the disability prevents the person from adequately performing all essential job duties and no reasonable accommodation is available.
(3) It is discrimination based on sex to discriminate based on pregnancy, childbirth, maternity leave or related medical conditions.
(4) It is not a violation of this Ordinance to discriminate based on sex where sex is a bona fide occupational qualification.
(c) Employees shall be entitled to leave benefits consistent with the federal Family Medical Leave Act, unless superseded by a tribal Medical Leave Act.
(d) The Tribe recognizes the right of employees to meet during nonworking hours to discuss their common interests in regard to employee workplace issues and concerns without threat of retaliation or dismissal.
(e) Employees shall be entitled to certain compensated paid time off, funeral leave, National Guard and reserve call-up time as provided under the established policies and procedures.
(f) Employees shall be entitled to a compensated leave during jury duty and court ordered or subpoenaed court appearances that are work-related, pursuant to established policies and procedures.
(g) An employee unable to vote during nonworking hours shall be granted reasonable time off with pay to vote in any tribal, federal, state or local election according to established tribal policies and procedures.
(h) The Tribe guarantees equal pay for men and women doing the same job and who would otherwise be compensated equally based on experience, education, performance and years of service.
(i) The Stockbridge-Munsee Tribe prohibits all types of sexual harassment. All employees shall be treated with courtesy, respect and dignity while employed by the Tribe and all of its agencies. Employees should immediately report sexual harassment to the appropriate person as identified in the Employment Manual at which time an investigation in accordance with the established policies and procedures shall take place.
(j) Employees' privacy shall be protected in the following ways:
(1) Personnel records, including background investigations, developed during the hiring process and actual employment will be safeguarded from unauthorized use.
(2) Interview boards shall maintain full confidentiality of information given during their involvement in the hiring process with a failure to do so resulting in disciplinary action up to and including termination. Tribal employers and departments shall not collect information about employees that is not job related and based on business necessity.
(3) An employee may review and copy his or her personnel files except for those items regarding:
(A) records relating to the investigation of possible criminal offenses committed by the employee;
(B) letters of reference for the employee;
(C) materials used by employers for staff management, including judgments and recommendations concerning future salary changes, promotions or job assignments or other comments on ratings used for planning purposes;
(D) information that would invade another person's privacy; or
(E) records relevant to a pending claim between the employer and the employee which are discoverable in a judicial proceeding.
(4) Except in the case of employees whose previous drug test has produced a positive finding or is under suspicion of drug use, no employee shall be subjected to random drug testing more than three (3) times in any twelve (12) month period, consistent with Tribal drug testing policy.
(k) The Stockbridge-Munsee Tribe ordains that any Employees Assistance Policy ("EAP") in effect at the time of employment will be enforced. Employees failing related testing procedures, including those for medical problems, will be provided treatment pursuant to the EAP, provided the employee has not been guilty of conduct which merits termination.
(l) Tribal employees are not to be retaliated against, harassed or dismissed by supervisors or any other person when they report to the tribal government, violations of any rules, regulations, laws, ordinances, or policies at any level of government or employment.
(m) Employees may not be terminated from employment without just cause, except for orientation employees who are employed at-will.
(n) Established personnel policies and procedures shall reflect the above listed rights ordained by this Employment Rights Ordinance.
(o) Employees shall not be required, as a condition of employment or continuation of employment, to:
(1) resign or refrain from voluntary membership in voluntary affiliation with, or voluntary financial support of a labor organization,
(2) become or remain a member of a labor organization,
(3) pay dues, fees, assessments or other charges of any kind or amount to a labor organization, or,
(4) pay to any charity or other third party, in lieu of such payments any amount equivalent to or a pro-rata portion of dues, fees, assessments or other charges regularly required of members of a labor organization.
