mr. chairman , i yield myself 2 minutes . 
mr. chairman , in may 2004 , the national labor relations board overturned 30 years of its own precedent and ruled that it has jurisdiction over tribal government enterprises located on tribes ' own sovereign lands . 
where tribal law has governed relations between tribes and their employees , the nlrb seeks to replace that law with its authority in this area . 
this decision is a frontal assault on tribal sovereign rights . 
the national labor relations act expressly exempts states , cities , and local governments from its coverage ; and the nlrb has ruled that territorial governments , such as puerto rico and guam , are also exempt from nlrb jurisdiction . 
but the nlrb incorrectly decided that it should exercise its jurisdiction over tribal governments on their own lands . 
if this unfair decision stands , the only governments that will be subject to nlrb jurisdiction will be tribal governments . 
the nlrb misunderstands that tribal governments , like state governments , rely upon government-owned enterprises to generate revenues to support governmental purposes such as reservation , law enforcement and fire services , and programs for the health , education , and welfare benefit of tribal members . 
consistent with the policy behind the nlrb exemptions for governments , private parties such as labor unions should not be able to hold government-owned enterprises hostage when disagreements arise . 
ironically , the nlrb specifically ruled against the san manuel band of mission indians , a tribe based in southern california that has enacted into its tribal law a tribal labor relations ordinance with greater labor union rights than the national labor relations act . 
in fact , the tribe has a collective bargaining agreement with the communication workers of america . 
the heavy-handed activist nlrb overlaid an incompatible legal regime where a tribal one , agreed to on a government-to-government basis with the state of california , was in place and was working . 
now , san manuel and other tribes have conflicting laws and great uncertainty about which one applies . 
mr. chairman , my colleagues , make no mistake , sovereignty can not be situational . 
to reverse 30 years of policy by bureaucratic fiat is wrong . 
adopt the amendment . 
mr. chairman , i reserve balance of my time . 
