(cross-posted from Working Californians)

A deal has been struck between the legislature, tribes and Arnold Schwarzenegger to move forward with the doubling of Indian gambling.  They have fixed the accounting issues, but failed to ensure that workers rights are protected.  The deal does require tribes to help the state ensure that employees do pay alimony and pay for workers comp insurance.  These changes are essentially side agreement, that only four out of five tribes have agreed to the accounting provisions.  They are on the fast track in the legislature and it all could be passed today.

The Compacts will not protect workers from being threatened or punished if they try and organize.  Check cards will not be allowed for union organizing.  Both of these were in the 2004 Compacts, but the governor failed to include them in this round and the Democrats declined to insist they be in their for passage.  Needless to say, UNITE-HERE is upset. LAT:

“It’s an unbelievable, outrageous betrayal,” said Jack Gribbon, the California political director of Unite Here, a union that organizes casino and hotel workers. He said it was “disappointing” that Nuñez, “who came out of the labor movement, would go for the big money and ignore the working poor.”

It sounds like the Democrats chose the path of least confrontation.  Nunez tried to blame Arnold for failing to talk with them before negotiated, but that is a fairly weak excuse.

Nuñez issued a statement too — castigating Schwarzenegger for failing to take lawmakers’ concerns into account when he negotiated the compacts.

“Before the governor moves forward on additional compacts,” Nuñez said, “I urge him to respect the role of the Legislature.”

[snip]

Schwarzenegger has refused to renegotiate the compacts on principle, as the law says that the deals are to be struck between the governor and tribes. Senate Democrats, who had borne labor’s wrath in passing them last year, did not want to go through the same fight again this year.

So they managed to change a few things, but declined to make the worker’s rights provisions a priority and then tried to dump it in Arnold’s lap.  But Arnold’s attitude is that he gets to do the negotiating and then the legislature’s role is to say yes or no.  Fantastic.

There is some question that the side agreements will hold up in court, but the legislature is projecting confidence in their legality.  The fate of the Morongo compact is somewhat in question, even though they are one of the main tribes participating in these compacts and agreeing to the new provisions.  They have pissed off the speaker with their TV ads and district mailers, attempting to pressure legislators into passing the compacts.  Plus, they were the tribe who dumped $450,000 into the special election this week in CA-37 to try (unsuccessfully) to elect Sen. Jenny Oropeza to Congress.