Sky River Casino workers picket Sept. 30 outside the casino calling on the owner Wilton Rancheria to bargain with the workers' union.  

ELK GROVE, CA (MPG) - An attorney thinks it is the end of the road for the owner of Sky River Casino and the owner’s efforts that have led to a lack of bargaining with the workers’ union.  

The Native America tribe Wilton Rancheria, owner of the casino, petitioned the U.S. Supreme Court in July to hear its case following a Ninth Circuit Court of Appeals decision in favor of the union. But the Supreme Court denied the petition, Unite Here Local 49 announced Oct. 7.

“That was not surprising at all,” said Kristin Martin, an attorney representing workers with Unite Here International Union. Martin is with McCracken, Stemerman & Holsberry LLC in Oakland.

The tribe may pursue another avenue, Martin said, but if it fails to follow the decision by the initial arbitrator in the case, it should be held in contempt.

Wilton Rancheria issued the following statement after the ruling.

“Wilton Rancheria's tribal labor relations ordinance provides a fair, transparent and lawful process for the establishment of union representation, including a secret ballot election that respects the voices of Sky River team members and the laws of our sovereign nation,” said Cammeron Hodson, gaming authority president for Wilton Rancheria, in a statement. “Unite Here must follow that process.”

Wilton Rancheria will explore its own “legal avenues where the U.S. Supreme Court has fallen short of fully recognizing our right to self-govern,” Hodson added.

According to the petition, an arbitrator overstepped his or her authority. The tribe, the petition says, asked the Supreme Court to invalidate the arbitrator’s decision.

“Allowing an arbitrator to facially invalidate a tribal law, as was done here, will cause tribes to avoid arbitration, as no tribe would risk such impairment of its sovereignty,” the petition says. “To allow otherwise would permit rogue arbitrators to invalidate the laws of other sovereigns, greatly affecting American companies’ abilities to contract with foreign nations.”

The other avenue suggested by Martin involves challenging a second arbitrator’s award.

“Now that the U.S. Supreme Court has denied Sky River's petition for writ of certiorari, the tribe should honor its agreement and bargain a fair contract with workers,” Unite Here Local 49 President Aamir Deen said. “We are optimistic that the district court will now act swiftly to confirm arbitrator Miller's award finding that the union demonstrated that it has support from a majority of workers and ordering Sky River to recognize the union and bargain.”

Workers at Sky River Casino picketed at the casino Sept. 30, calling on Wilton Rancheria to honor a 2017 agreement with Unite Here, union officials said. That agreement says the tribe would recognize Unite Here and bargain with them if a majority of workers signed union authorization cards, according to Unite Here.

A super majority of workers signs cards in 2023, according to the union. More than 300 workers want higher wages, which are below the union average, according to Unite Here. Workers want affordable benefits and job security, too, union officials said.