ALL RESPONSIBILITY FOR EMPLOYMENT
DECISIONS, INCLUDING, BUT NOT LIMITED TO, THE HIRING, FIRING, PROMOTION,
TRANSFER, COMPENSATION AND DISCIPLINE OF SAID EMPLOYEES SHALL, HOWEVER, BE THE
SOLE RESPONSIBILITY OF MANAGER, WHO SHALL MAKE SUCH DECISIONS IN ACCORDANCE WITH
THE RULES, REGULATIONS, POLICIES AND PROCEDURES AND PRUDENT EMPLOYMENT PRACTICES
ESTABLISHED BY MANAGER AND REASONABLY APPROVED BY TRIBE FOR USE IN THE OPERATION
OF THE GAMING FACILITY.
TRIBE AGREES NOT TO ATTEMPT TO INFLUENCE EMPLOYMENT
DECISIONS BASED ON POLITICAL OR FAMILY RELATIONSHIPS.
A.
TRIBAL HIRING PREFERENCE.
THE PARTIES TO THIS AGREEMENT HAVE
AGREED THAT PREFERENCE WILL BE GIVEN TO QUALIFIED TRIBAL MEMBERS FOR ALL
AVAILABLE AND VACANT POSITIONS OF EMPLOYMENT WITH THE GAMING FACILITY.
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PREFERENCE WILL BE GIVEN TO NATIVE AMERICAN PERSONS WHO ARE NOT TRIBAL MEMBERS.
FINAL DETERMINATION OF THE QUALIFICATIONS OF TRIBAL MEMBERS AND ALL OTHER
EMPLOYEES FOR EMPLOYMENT SHALL BE MADE BY MANAGER.
B.
HIRING PROCESS.
TRIBE SHALL MAINTAIN A FILE OF CURRENT
APPLICATIONS OF TRIBAL MEMBERS WHO DESIRE TO BE CONSIDERED FOR EMPLOYMENT WITH
THE GAMING FACILITY.
AT SUCH TIME AS A VACANCY OR OPENING OCCURS OR IS
ANTICIPATED TO OCCUR BY MANAGER, MANAGER WILL REQUEST
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SUCH APPLICATIONS BE DELIVERED BY TRIBE FOR CONSIDERATION.
IF NO QUALIFIED
APPLICANTS ARE AVAILABLE, AND MANAGER DOES NOT HAVE SUFFICIENT TIME TO TRAIN
BEFORE PLACING THE NEW HIRE IN THE POSITION, THEN MANAGER MAY AT MANAGER'S
DISCRETION CHOOSE TO HIRE A NON-TRIBAL MEMBER OF MANAGER'S CHOICE.
THE PARTIES
AGREE THAT ADEQUATE EDUCATION AND EXPERIENCE ARE AN ABSOLUTE REQUIREMENT FOR
PLACEMENT IN MANY MANAGEMENT AND SUPERVISORY POSITIONS THAT WILL BE REQUIRED FOR
THE OPERATION OF THIS GAMING FACILITY.
IN ADDITION, SPECIFIC TRAINING AND
EXPERIENCE WILL BE REQUIRED FOR PERSONS SELECTED TO FILL OTHER NON-MANAGEMENT
POSITIONS.
EVERY REASONABLE EFFORT WILL BE MADE TO PLACE CHEYENNE AND ARAPAHO
TRIBAL MEMBERS IN MIDDLE LEVEL .AND TOP LEVEL MANAGERIAL POSITIONS.
THE
MANAGEMENT SHALL BE PREPARED TO GIVE CLEAR EXPLANATIONS UPON REQUEST OF TRIBE AS
TO THE FINDING THAT TRIBAL MEMBERS WHO OTHERWISE MEET THE MINIMUM STANDARDS FOR
EMPLOYMENT ARE NOT HIRED.
MANAGER WILL ESTABLISH SUCH TRAINING ACTIVITIES AS
MAY BE NECESSARY TO MAINTAIN AN ADEQUATELY SKILLED WORK FORCE FOR THE FACILITY
ONCE OPERATION HAS BEGUN.
HOWEVER, DUE TO THE LARGE NUMBER OF EMPLOYEES THAT
WILL BE REQUIRED TO BEGIN OPERATION OF THE FACILITY, AND THE LIMITED TIME THAT
WILL BE AVAILABLE FOR TRAINING OF THE WORK FORCE, THE PREFERENCE IN EMPLOYMENT
WILL BE WAIVED FOR STAFFING DURING THE INITIAL STAGES OF THE COMMENCEMENT OF
OPERATIONS.
IT IS EXPECTED THAT MANY OF THESE POSITIONS WILL BE FILLED BY
PERSONS RECRUITED FROM PRESENT OR RECENT EMPLOYMENT WITH OTHER GAMING
FACILITIES, BOTH INDIAN AND NON-INDIAN.
C.
EMERGENCY HIRING.
MANAGER MAY, AT ITS DISCRETION, DECLARE ANY KEY
POSITION THAT BECOMES VACANT TO BE AN EMERGENCY VACANCY FOR IMMEDIATE EMPLOYMENT
OF ANY PERSON WHO MANAGER DEEMS TO BE COMPETENT IN EDUCATION, TRAINING AND/OR
SKILLS REQUIRED TO SATISFACTORILY PERFORM IN THE SUBJECT POSITION.
ANY SUCH
POSITION MUST BE ONE WHICH IN MANAGER'S OPINION OR JUDGMENT AN EXTENDED VACANCY
WOULD CAUSE SUBSTANTIAL