Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

PAP.9.8.090 Workplace Violence by Team Members

The employer has a strong commitment to its team members to provide a safe, healthy and secure work environment. It is also expected that team members maintain a high level of productivity and efficiency. The presence of weapons and the occurrence of violence in the workplace by team members during working hours or otherwise are inconsistent with these objectives.

(a) While the employer has no intention of intruding into the private lives of its present and potential team members, it expects all team members to report to work without possessing weapons and to perform their job without violence toward any other individual. The employer expects all its team members to work in a manner so that they can perform their duties in a safe and productive manner. Therefore, the employer has adopted and maintains policies against any workplace violence.

(1) In keeping with the spirit and intent of this policy, and to ensure the objectives in this regard are attained, the Gaming Enterprises is committed to taking prompt remedial action, up to and including immediate termination, against any employee who engages in any threatening behavior or acts of violence or who uses any obscene, abusive, or threatening language or gestures.

(b) Team members shall not bring or possess unauthorized firearms or other weapons onto the Gaming Enterprise premises. Any team members who displays a tendency to engage in violent, abusive, or threatening behavior or who otherwise engages in behavior that the Gaming Enterprises, in its sole discretion, deems offensive or inappropriate, or who possesses a firearm or weapon in violation of this policy will be subject to disciplinary action, up to and including termination.

(c) The employer has the right to search any areas on the employer's premises for weapons including, but not limited to, lockers, furniture, containers, drawers, equipment or other facilities, lunch boxes, briefcases, personal bags, personal toolboxes or tool kits, parking lots, employer's vehicles and personal vehicles parked on the work premises.

(d) Team members have a "duty to warn" management of any suspicious workplace activity or situations or incidents that they observe or that they are aware of that involve other team members and that appear problematic. This includes, for example, threats or acts of violence, aggressive behavior, offensive acts, threatening or offensive comments or remarks, and the like. Employee reports made pursuant to this policy will be held in confidence to the maximum possible extent. The Gaming Enterprises will not condone any form of retaliation against any employee for making a report under this policy.

(e) If a team member is injured while participating in a fight or after instigating a fight, on or off the clock, worker's compensation benefits may be denied.

(f) Definitions:

(1) Crime or Violence. Includes any degree of murder, voluntary manslaughter, aggravated rape, rape, mayhem, aggravated robbery, burglary, stalking, aggravated assault, assault, battery, and threats of any of the above.

(2) Weapon. Includes an explosive; a device principally designed, made or adapted for delivering or shooting an explosive weapon; a machine gun; a short-barrel rifle or shotgun; a handgun; a firearm silencer; a switchblade knife or any other type of knife; knuckles; one's body if trained through martial arts, the military, etc.; or any other implement for infliction of bodily injury, serious bodily injury, or death.

(3) Possession. Shall include, but is not limited to, the presence on the team member, in the team member's motor vehicle, lunch box, locker, tool kit, bag, purse, cabinet, Department, etc.