National Labor Relations Board v. Chapa De Indian Health Program, Inc.

Chapa-De Indian Health Program, Inc. (Chapa-De) appeals the district court’s order enforcing National Labor Relations Board (NLRB) subpoenas. Chapa-De challenged the NLRB’s jurisdiction, but the district court held that jurisdiction was *997 not “plainly lacking.” We agree, and affirm.

Teamsters Local 228 (Teamsters), which sought, but was denied, leave to intervene in the district court solely to support the NLRB’s position that its subpoenas should be enforced, also appeals. Given that we uphold enforcement of the subpoenas, its appeal is moot.

I

Chapa-De is a “tribal organization” under the Indian Self-Determination Act (ISDA). 25 U.S.C. § 450b(l). It is authorized under a sanctioning resolution made by the Rumsey Indian Ranchería, a federally recognized tribe, to contract with Indian Health Services (IHS) on behalf of the Rumsey Tribe to provide free health services to qualifying Native Americans in a four-county area in Northern California. Chapa-De is controlled by a board of directors, none of whom is a member of the Rumsey Tribe. There are Rumsey Tribe members on its Health Advisory Committee. Chapa-De operates four facilities, all located off tribal land. Approximately…