All of Turning Stone’s revenues go to fund the Statutory basis for Indian gaming in order to promote tribal economic development and Operated pursuant to the Indian Gaming Regulatory Act (“IGRA”), which provides a More than 85% of its 3,000 employeesĪre non-Indian, and the casino is a major tourist attraction in New York. Located in New York on the Nation’s reservation. Turning Stone is a casino wholly owned and operated by the Nation, that is For the reasons that follow, we reverse the judge and Turning Stone would violate three treaties between the Oneida Indian Nation (“the
Turning Stone contested the citation, and after the Secretaryįiled a complaint, moved to dismiss the complaint for lack of subject matter jurisdiction.Īdministrative Law Judge Marvin Bober granted the dismissal motion, holding thatĪpplying the Occupational Safety and Health Act, 29 U.S.C. Kitchen at Turning Stone Casino Resort (“Turning Stone”), the Secretary issued a citationįor two serious violations of hand-protection standards, and one other-than-seriousĭocumentation violation. Before : RAILTON, Chairman, ROGERS and STEPHENS, Commissioners.Īfter the Occupational Safety and Health Administration (“OSHA”) inspected a
