Title

Turtle Mountain Tribal Court of Appeals to Hold Hearing at the UND Law School

Document Type

News Article

Publication Date

11-1-2013

Campus Unit

School of Law

Abstract

Oral Argument November 18, 2013 9:00 a.m. Baker Courtroom

The Turtle Mountain Tribal Court of Appeals will be at the University of North Dakota School of Law on Monday, November 18, 2013 to hear an oral argument in the matter of Ronald Allery et al v. Chairman of the Turtle Mountain Band. The argument begins at 9:00 a.m. in the Baker Courtroom on the third floor of the Law School building. The argument is free and open to the public.

The matter of Ronald Allery et al v. Chairman of the Turtle Mountain Band, to be heard on November 18, involves three tribal members terminated from employment by the Tribe who were reinstated by the Trial Court for the alleged failure of the supervisor to notify them of their right to grieve the terminations. The employees have also filed a cross-appeal claiming that the Tribe has refused to reinstate them and they have asked for back pay.

The issues involved include:

  1. Whether the supervisor's failure to notify the employees of their grievance rights justifies automatic reinstatement to positions;
  2. Whether the Tribe has the authority to disobey a Court order it disagrees with;
  3. Whether the employees were terminated for cause.

The Turtle Mountain Tribal Court of Appeals is the highest appellate court of the Turtle Mountain Band of Chippewa Indians located in Belcourt, North Dakota. The Court handles approximately 100 appeals per year ranging from family law disputes to personal injury disputes, with a high number of the Court's cases pertaining to its jurisdiction, especially in the civil arena.

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