Section EMP.01.07 — Court Procedures

(a) The petition filed in tribal court under this Ordinance may be in any written format, but shall include at least the following information:

(1) The name and address of the petitioner.

(2) A statement identifying which of the enumerated rights under Section EMP.01.03 has been violated.

(3) A brief description of the facts and events that gave rise to the alleged violation, including the names of potential witnesses and the name of the petitioner's supervisor, if applicable.

(4) A specific request stating the required relief. Relief is governed by subsection (F) below.

(b) After the filing of the petition, the employer shall file a written answer within 20 days.

(c) After the filing of the answer, the Court shall schedule an initial informal conference with the parties to discuss preliminary matters, including but not limited to, scheduling, motions, discovery and whether there is any possibility of the parties reaching a settlement.

(d) If the parties are unable to settle the matter, the Court shall schedule the matter for a trial no later than 30 days after the initial conference.

(e) At the trial, the petitioner shall carry the burden of showing by a preponderance of the evidence that a violation of the rights enumerated in Section EMP.01.03 occurred.

(f) Upon a finding by the Court based upon credible evidence that a violation has occurred, the Court may order any of the following remedies:

(1) Back pay not to exceed one (1) year's wages.

(2) Reinstatement.

(3) Any other non-monetary remedy which is narrowly tailored to remedy the violation.

(g) Only for claims filed within the Statute of Limitations, the Stockbridge-Munsee Community provides a limited waiver of sovereign immunity for the purposes of permitting claims arising under Section EMP.01.03 and allowing only those remedies identified in subsection (f) above.

(h) Peacemaking is permitted for employee disputes. Any peacemaking shall be in accordance with the Tribal Peacemaker Ordinance.