32.04.060 Tribal Hiring Hall

The Commission shall establish and administer a tribal hiring hall to assist employers in identifying and hiring qualified Indians in job positions, employ and supervise a License Compliance/Employment Officer to oversee the hiring hall, labor survey, and employee referral functions under this ordinance. An employer may recruit and hire workers from whatever sources are available to it and by whatever process it chooses, provided that it may not hire a non-Indian until it has given the Commission or Director a reasonable time to locate a qualified Indian and the tribal hiring hall has certified that a qualified Indian is unavailable to fill the vacant job position.

For purpose of this Ordinance, "reasonable time" shall be defined as follows: Three (3) working days to locate and refer a qualified Indian. The Commission may grant a waiver of these time periods upon a showing by the employer that such time periods impose an undue burden upon it. An employer subject to a collective bargaining agreement with the union shall be exempt from this procedure if the union agrees to refer Indians from a listing supplied by the Commission or Director. However, if any union fails to meet this obligation to refer Indians to an employer, the Commission or Director may require the employer to accept Indian referrals from sources other than the union.

In administering a tribal hiring hall, a hiring list may be maintained by the License Compliance/Employment Officer. Individuals who desire to obtain employment in areas within the scope of this TERO Ordinance may enter their names on this hiring list. Names shall be entered in chronological order by the date and time of sign-up. The list may be utilized by the License Compliance/Employment Officer on a first come, first served basis in placing individuals of comparable skills in various crafts with various employers: Comparably skilled individuals shall be referred for placement in the order their names appear on the list.

If any non-Indian worker is found to be employed in a job in violation of this section, the employer shall be required by the Commission or Director to remove employee immediately and said employer shall be subject to the penalties in Chapter 32.08 of this Ordinance.