U.S. Senators Amy Kolbuchar (Minnesota Democratic Farmer-Labor Party)U.S. Senator Carl Levin (Michigan Democratic Party)U.S. Senator Debbie Stabenow (Michigan Democratic Party U.S. Rep. Colin Peterson (DFL-Minnesota)U.S. Rep. James Oberstar (DFL-Minnesota)April 6, 2009Senators and Congresspersons,The Midwest Casino Workers Organizing Council was not informed of the March hearings on Indian health care even though each and everyone of you has been repeatedly asked to keep us apprised of hearings which relate to these kinds of issues.It is with this in mind that I request my comments here be included in the hearing testimony.You, elected officials, claiming to be public servants with the good of the public at heart in your actions, have gone out of your way to deny us casino workers the right to participate in any hearings relating to labor, health care and environmental issues; and, then, you have the unmitigated gall to preach that we live in the world's greatest bastion of democracy.As you are fully aware, our Organizing Council consists of Organizing Committees in Minnesota, Wisconsin, Michigan and Iowa assisting casino workers in their attempts to organize unions in an industry--- the Indian Gaming Industry--- which all of you have had a hand in creating through your support of the most anti-labor, most racist vile "Compacts" which have forced over two-million casino workers (and given the huge employee turnover in this industry, millions more) to work under the most disgraceful and Draconian conditions in loud, noisy, smoke-filled casinos at poverty wages without any rights under state, federal or tribal labor laws in this industry now comprising over 350 casino operations many of which include hotels/motel, restaurants, a variety of small shops and boutiques ranging from hair-dressers to artists and even water parks and various theme parks.And here you are sitting and listening to those like the spokespersons for the Red Lake Nation Tribal government--- a supposedly sovereign nation, but a government that has to ask the federal and state governments for approval before doing anything and begging for tax-dollars as casino revenues in the billions and trillions of dollars go completely without any accountability to anyone except for a bunch of mobsters who own the slot machines and table games leaving the Indian Nations stuck with nothing but a pile of debt and poverty--- talking about how the Indian Health Service is underfunded.We agree that the Indian Health Service is underfunded. But, the funds are being stolen in many cases before they ever reach the stage of their intended purpose of keeping Indian people healthy and getting them well when sick.The Indian Health Service is a model program which should be serving as a guide for the kind of socialized health care system we all need in the United States. Instead, you are allowing it to be sabotaged by greedy profit gougers at every level as your colleagues in Congress then point out "socialized health care doesn't work."A program is intentionally underfunded and then greed takes over with "administrative supervision, oversight and approval" and here we are with one big mess of sick people who can't get the health care they are entitled to.And, to make maters worse, the very people who provided this testimony from the Red Lake Nation did not tell you that the primary reason for the very substantial need to increase the funding for the Indian Health Services is the direct result of the Indian Gaming Industry.Common sense tells us that if you put people to work--- force people to work--- in smoke-filled casinos day in and day out seven days a week 365 days of the year, these employees are going to suffer serious health problems because we all know the scientific and health consequences people suffer working under these conditions.The cancers, the heart and lung diseases, the ill affect on pregnant women and the damage to their unborn children; and, in talking about health problems and risks, perhaps among no other population in America, is diabetes such a killer than on the Indian Reservations. And the medical and scientific community has long ago shown the severe adverse impact that second-hand smoke has on those with diabetes.So, while the Red Lake Nation Tribal Council has sent their representative to plead the case for an underfunded Indian Health Service, these representatives have failed to state that it is the very policies of this very Tribal Council who control Red Lake Gaming Enterprises who by allowing smoking in their casinos are contributing to the ill-health of the people of the Red Lake Nation, many, who because of the racist hiring practices of employers in northern Minnesota cannot find employment elsewhere, are forced to work in these smoke-filled casinos making them sick--- or sicker than they already are--- which in turn requires an expanded Indian Health Service, which in turn requires greater funding.Our Organizing Council and our Organizing Committees take the position that Congress should appropriate every single penny required to provide adequate health care to Indian people through the Indian Health Service.We also insist that there be accountability in gaming revenues and these revenues should be confiscated by the federal government to cover the health care problems being created by an unhealthy working environment.To add insult to injury to this racism, the Indian Health Service is not even monitoring the health of those people employed in these smoke-filled casinos.Therefore, it is our contention, that these casino enterprises like Red Lake Gaming Enterprises should be billed for the health care received through Indian Health Services for whatever treatment casino workers require for anything.Quite frankly, we consider the testimony offered on behalf of the Red Lake Nation Tribal Council to be deceitful and dishonest in not bringing forward the role the tribal government plays in making people sick. Needless to say, these representatives did not make any mention of the way present funding is abused and misappropriated by crooks and thieves.We point out that dishonesty has been a hallmark of the Indian Gaming Industry from its very inception which began with all of you taking bribes to create this industry which has now resulted in two-million workers going to work in smoke-filled casinos at poverty wages in an industry where the workers have no rights under state, federal or tribal labor laws--- truth is not one of the virtues of such thieves and those like yourselves who pander to these thieving mobsters for campaign contributions. It is rather ironic that the Red Lake Tribal Council which is wholly and fully complicit in stealing from, and abusing, their own people and everyone else in quest of greater profits... would, under these circumstances, have the unmitigated gall to come before any Congressional Committee demanding funding to solve problems they have helped to create. Might we be so bold as to suggest that you and your colleagues in the United States Congress contribute the bribes you take from the National Indian Gaming Association and the various state Indian Gaming Associations like the Minnesota Indian Gaming Association and contribute this money to the Indian Health Service?And then maybe if you would stop wasting our money on wars and maintaining military bases all over the world you could provide an expanded version of the Indian Health Service to include everyone residing in the United States including the thousands of undocumented workers employed in the Indian Gaming Industry.In closing, let me just say that we know you will take issue with the tone of this letter; but, it is your continued lack of response to our concerns over problems you created in the first place in the way you intentionally created these "Compacts" creating the Indian Gaming Industry that any thinking person would know was going to result in these problems; problem you now want to pretend you had nothing to do with their creation--- including the health care problems being experienced by Indian people. Alan L. MakiDirector of Organizing,Midwest Casino Workers Organizing Council
From: Alan Maki [mailto:amaki000@centurytel.net]Sent:Wednesday,April 22, 20099:47 PMTo: Kimi De Leon; Joan KimCc:'Jim Hart';'John Kolstad';'Kip Sullivan';'Carl Levin';'Sen.Jim Carlson'; rep.bill.hilty@house.mn; rep.tom.anzelc@house.mn; rep.tom.Rukavina@house.mn; rep.tony.sertich@house.mn; ddepass@startribune.com; mmiron@bemidjipioneer.com; bswenson@bemidjipioneer.com;'Chris Spotted Eagle'; jgoldstein@americanrightsatwork.org; teresa_detrempe@klobuchar.senate.gov;peter.erlinder@wmitchell.edu; peter.makowski@mail.house.gov; esquincle@verizon.net;'Walter Tillow'; nursenpo@gmail.com; 'Steve Early'; 'Joshua Frank'; 'Ta, Minh'; 'Rhoda Gilman';'David Shove'; 'ken nash'; 'Ken Pentel';WCS-A@yahoogroups.com; MARKOWIT@history.rutgers.edu; tdennis@gfherald.com; 'Myers, John'; loneagle@paulbunyan.net; 'Thomas Kurhajetz'; mhoney@u.washington.edu;moderator@portside.org; debssoc@sbcglobal.net; 'Tom Meersman'; peterb3121@hotmail.com; laurel1@dailyjournal-ifalls.com; jscannel@aflcio.org; rgettel@uaw.net; gdubovich@usw.org; info@jamesmayer.org; mzweig@notes.cc.sunysb.edu; rachleff@macalester.edu; advocate@stpaulunions.org; elizabeth_reed@levin.senate.gov; 'Alan Uhl';'Charles Underwood'Subject: Re: Question on Indian Health Summit To whom it may concern; Could you tell me if there will be a discussion at the Indian HealthSummit---July 7-9, 2009 in Denver,Colorado---concerning the issue of casino workers in the Indian Gaming Industry and the impact to their health of second hand smoke in their workplaces? Could you advise me if there have been any discussions about this with the American Cancer Society and/or the Heart and Lung Foundation? I am very concerned since I find nothing on this important topic among any of the materials you are distributing for the Indian Health Summit. With health care costs become an important topic for discussion it would seem that this issue would at least merit some kind of mention at an Indian Health Summit considering the large number of Native Americans employed in the Indian Gaming Industry. Perhaps you would be interested in having me address one of the plenary sessions since this topic has not been considered previously. I would point out that I have contacted my of the local offices and administrators of the Indian Health Services concerning this issue and no one will speak to me. With the Indian Health Services being part of the Department of Interior and associated with the Bureau of Indian Affairs, it would only seem logical that no further casino "Compacts" would be approved unless they contain provisions banning and prohibiting smoking. I would also suggest that the Indian Health Services insist that all existing "Compacts" be re-opened so a ban and prohibition on smoking can be inserted into them. "Compacts" are nothing more than contracts and the Obama Administration has seen fit to insist that previously negotiated contracts with labor unions be re-negotiated so there is definitely a precedent that has been established for doing this and I am sure you will agree with me that there could not be a better argument made for renegotiating these "Compacts" than to protect the health of hundreds of thousands of workers employed in these casinos who, in addition to working in these smoke-filled working environments are not protected under any state or federal labor laws, which makes this problem of being employed in a work environment detrimental to human health even a more serious concern. Perhaps the Indian Health Services could make a recommendation to the Bureau of Indian Affairs and the Secretary of the Department of Interior that the Secretary of Labor, Hilda Solis, becomes involved so that the protection of casino worker's rights under all state and federal labor laws protecting all other workers in the United States be included at the time the Compacts are re-opened to protect the health of casino workers. If you have any doubts second-hand smoke contributes to an unhealthy work environment and that second-hand smoke is recognized as a leading contributor to a variety of cancers and heart and lung diseases please do not hesitate to request additional information. I will be more than happy to attend your Indian Health Care Summit with the necessary resource materials. With some two-million workers now employed in the Indian Gaming Industry we want to make sure everything possible is being done to protect the health and well-being of these workers. If I have addressed this letter to the wrong persons, would you please provide me with the name of the proper person/s and department/s this letter should be sent to. If you think this issue concerning the impact of second-hand smoke on the health of casino workers is not significant enough to be discussed at the Indian Health Summit would you be so kind as to advise me of your decision and how it was reached? Thanking you in advance for your timely consideration; Alan L. MakiDirector of Organizing,Midwest Casino Workers Organizing Council 58891 County Road13Warroad,Minnesota56763Phone:218-386-2432Cell phone:651-587-5541E-mail: amaki000@centurytel.net Check out my blog: Thoughts From Podunk http://thepodunkblog.blogspot.com/ Cc: Maggie Bird President, Midwest Casino Workers Organizing Council Dr. Nathaniel Cobb’s response to me: Dear Mr. Maki: Your email (below) was forwarded to me for response, as the Agency lead for tobacco control. Thank you for your suggestions - I completely agree that environmental tobacco smoke (ETS) in Casinos is a serious health issue for both the employees and the patrons. Labor law is outside my expertise and purview, but I will try to address a few of the many questions you raise: 1. Can we have a session on casino workers and ETS exposure at the Indian Health Summit? - reasonable suggestion, but the practical answer is that we did invite the public to submit abstracts, that deadline has passed, and we have already finalized the agenda and cannot add another session. We do have a tobacco session scheduled, but nothing was submitted that focused specifically on casinos. 2. Have we discussed this issue with ACS, AHA, or ALA?- yes. In discussions with ACS, we have agreed that local advocacy may be the most effective way to approach this issue. 3. Can IHS work with BIA to ban smoking in Casinos? - IHS is an agency of Health and Human Services, not Interior. We have no regulatory role with regard to Gaming compacts, so no direct influence. In our advisory role with regard to health issues, we may make recommendations to another agency. Your suggestion has merit, and I will discuss it with senior leadership within IHS. I note that you have cc'd your email to your congressional delegation. The Congress has much more power to dictate terms of Indian Compacts than we do, so you should continue to work closely with them. A formal letter to a Member of Congress or to an Agency Head, with a clearly worded request, will always get a response. 4. What else can we do? - It is true that ETS exposure is a health issue, but the solutions are political. We have great respect for Tribal Sovereignty, and unless and until Tribal Leaders support a smoking ban in casinos, it is not likely to happen. So my suggestion is that you contact the National Indian Health Board and ask for a time slot to present the issue at their next Consumer Conference. That meeting is a great opportunity to influence the thinking of Indian Country leadership. Thank you for your concern, and I look forward to attending your session at the NIHB conference! If you have any educational materials or scientific studies of ETS and casino workers, I would appreciate your sending me copies. --Nathaniel Cobb MDChief, Chronic Disease BranchDivision of EpidemiologyIndian Health Service5300 Homestead Rd NEAlbuquerqueNM87110(505)248-4132 My response back to Dr. Cobb: Dr. Nathaniel Cobb, MDDivision of EpidemiologyIndian Health Service5300 Homestead Rd NEAlbuquerqueNM87110(505)248-4132 Dr. Nathaniel Cobb, Thank you for the quick response. As I am sure you must have been thinking as you wrote this response to me, I would not find it satisfactory. I have contacted all the heads of Indian Health at each of the tribes that operate casinos over the last three years on this issue--- NOT ONE SINGLE ONE has responded to my e-mail or been willing to talk to me on the phone. Quite frankly, I seriously doubt there are circumstances where the impact of second-hand smoke can be dealt with in one fell swoop. Yet, we both know this is more about casino PROFITS and the way casino PROFITS influence POLITICS. What are you suggesting, that it will take some kind of revolution in this country before an agency like yours who has a mandate to educate on this serious issue will act? I find this coming from a medical doctor such as you very strange; that on this one single issue involving human health where so many lives can be saved and health maintained you suggest that it is up to a union to take the action rather than you. What are you suggesting is that tribal leaderships motivated solely by profits are to be given into on a health care issue so adversely affecting human health as the issue of being forced to work in an environment composed of second-hand smoke because you do not want to rock the boat--- using as your excuse: "sovereignty." Is human health not an issue for a “sovereign” nation to be concerned about when it comes to the health of its own people? There seems to be a clear admission here on your part that these tribal governments involved in gaming have been so corrupted by money they don't even care about the health of their own people; let alone the health of anyone else. As you are fully aware, most of these casinos are run by outside management firms only using sovereignty to bolster their profits in escaping protecting the rights of casino workers to be free from second-hand smoke in their employment. You come up with this flimsy excuse that the issue of smoke-free casinos cannot be addressed because the details of the conference are already set and established. However, what is preventing those who will be doing the presentations on the serious consequences of tobacco from raising the issue concerning the need for these casinos to go smoke-free because it is a matter of fundamental human rights for workers not to be forced to work in these conditions that we all know are seriously detrimental to human health. You, as a medical doctor, are requesting that I should send you further information regarding the consequences of working in these smoke-filled casinos? It is almost unbelievable that you, being a medical doctor, have even written these words. That you acknowledge you have known about this problem and not insisted the politicians correct this, is a disgrace. You are the expert witness here. I find it very difficult to understand how the scientific and medical community has managed to turn out the most respected from these professions to testify: - Against the tobacco companies in law suits; - At Congressional and State Legislative hearings; - In support of smoke-free workplaces for everyone else except casino workers. But, for some reason there is complete, total, overwhelming and absolute silence when it comes to the issue coercing these casinos in the Indian Gaming Industry to go smoke-free to protect the health of two-million casino workers. At this point, since you agree this is a very serious problem; I would request that you convey my concerns---AND WHAT YOU CLAIM ARE YOUR SHARED CONCERNS--- to each and everyone of those people who will be participating in the tobacco workshops, forums or making any presentations on tobacco and request that they specifically address the problem of second-hand smoke in casinos and make suggestions and recommendations how this issue will be resolved by coercing these casino managements to go smoke-free. The Manitoba, Canada provincial government has taken the stand that they will not approve any further casino Compacts or upgrades or new licenses for any casino unless it will be smoke-free. Something is very wrong with the scenario you bring forward here. I find it kind of strange that a public official such as yourself, who has a legislated mandate to provide the leadership in protecting human health, would tell a citizen writing to you to go and do your job for you. I expect you to communicate your concerns regarding second-hand smoke (environmental tobacco smoke) to each member of the United States Congress, every single state legislator in each and every state; and, I expect that you will convey your concerns as a medical doctor and in your capacity as a public official with the specific mandate to raise this concern with the Bureau of Indian Affairs and the Secretary of the Department of Interior; and further, that you instruct all of those employed at the local and state levels working for Indian Health Services to immediately undertake discussions about this with their tribal governments. Sovereignty has nothing to do with this issue. Can you provide me one single instance where the human health and welfare of a nation’s people is compromised under the guise of “sovereignty” as you are blatantly doing here? No; you cannot provide any such example. How could “sovereignty” possibly be compromised by protecting the health and well-being of any people from any nation? Do you realize how utterly stupid this sounds coming from an educated man like yourself and a doctor on top of that? Your department and agency is involved in this conference. As a result, you have a mandate to bring this issue forward. I assume you do not request permission from tribal governments to raise any other issues related to human health; so, why would you conceded your mandate on this vital health issue to tribal governments with no demonstrated concern on this issue or for the human health of their own people? To suggest that this issue can wait until another conference, where both you and I know that I will never receive permission to speak on this issue, is about as insensitive and uncaring a response that anyone could ever expect to receive from a public official who has the scientific and medical background to know and understand that thousands of casino workers will lose their health while others will die from second-hand smoke they are forced to breath as forced and coerced terms and conditions of their employment. I am requesting that you carry out the mandate you have from the United States Congress and act to make sure this issue is addressed at your upcoming conference with the aim of resolving this issue once and for all. I expect to receive written confirmation that you have taken such action. I assume that President Barack Obama would not appreciate you dragging your feet on this issue since he is so concerned about health care costs; I don't think I have to lecture you, a medical doctor, about the costs involved in trying to cure cancers and heart & lung problems associated with second-hand smoke in the workplace. With all the attention now focused on accusations of frivolous government spending, I would think you would be more sensitive to the need to bring this issue forward at your upcoming conference. Respectfully, Alan L. MakiDirector of Organizing,Midwest Casino Workers Organizing Council Cc: Maggie Bird President, Midwest Casino Workers Organizing Council
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