Introduction to Lummi TERO Compliance 

The Lummi Nation Tribal Employment Rights Office (TERO) will follow Tribal Law in regards to compliance enforcement for all contracted jobs within the boundaries of the Lummi Indian Reservation.

Compliance Standards

Compliance Standards are defined within Title 25 to have the following on file with Lummi TERO and approved by the TERO Director.

• A Completed Compliance Plan 
• Provide a copy of the contract and construction schedule 
• Identification of NAOB's and Man Power Request (AKA Dispatch) 

Construction Jobs 

For jobs over $125,000+ and require a team of people and sub-contractors are required to fill out the compliance plan below.

Small & Routine Maintenance Compliance Plans 

Small & Routine Maintenance Contract jobs requiring a contract over $5,000.00, but under $125,000.00 will fill out the short form compliance plan packet for approval.

Please note, the compliance plans have no monetary threshold. Anytime a contractor is working on the reservation a compliance plan needs to be in place before work is to be started.

Basic TERO Requirements

All covered employers operating a business within tribal jurisdiction are required to provide Indian and Native preference in employment, training, contracting, sub-contracting and in all other aspects of employment. Below are several specific examples employers are required to comply with. Employers must:

• Submit an acceptable compliance plan detailing the steps they will take to ensure compliance with the TERO requirements.

• Utilize the TERO skills bank for all referrals and consider Indian/ Native applicants before interviewing or hiring non-Indian/ Natives.

• Agree to hire no less than a specific number of Indians/ Natives in each job classification and cooperate (where feasible) with tribal training programs to hire a certain number of trainees.

• Eliminate all extraneous job qualification criteria or personnel requirements which may act as barriers to Indian/ Native employment. EEOC guidelines on legal BFOQs are used by TEROs.

• Agree to acknowledge and respect tribal religious beliefs and cultural differences and to cooperate with TERO to provide reasonable accommodations.

• All contractors claiming preference must file for certification as Indian owned businesses

Compliance Enforcement Approach

Most of today’s TERO programs utilize a pro-active approach to enforcement. TERO officers attempt to use education and synergistic partnering principles to prevent violations of tribal law and generally try to create mutually beneficial relationships with reservation employers.

• A compliance plan shall constitute a binding agreement, the terms of which shall be fully enforceable by TERO.  Any violation of an executed Compliance Plan shall be a violation of this Title.

• Compliance Plans shall be reviewed periodically and revised as necessary to reflect changes in the number of Native Americans available or changes in the employer’s hiring plans.

• Failure to obtain or adhere to the terms of an approved compliance plan, or supplying false information to TERO shall be subject to non-complying Construction Employer to a monetary penalty up to $5,000.00 per violation per day. (25.08.020)

Certified Payroll 

Every Construction Project within the jurisdiction of the Lummi Nation must provide certified payroll reports which summarize the 1) name, 2) address, 3) SSN, 4) classifications/title, 5) hourly wage, and/or 6) OT rate and the number of authorized OT for each pay period for every employee on the project. Failure to submit this report on a monthly basis or at request of the Lummi Planning Department my be subject to a violation and possible sanction against the employer.

TERO Manpower Evaluation 

Contractors must submit a Man power or Employee Evaluation based on the performance of the Tribal Employee that we can have on file within TERO. Contractors are strongly encouraged to provide the review to the Tribal Hire as well as communicate with your assigned compliance officer for the submission of evaluation.

Termination/ Lay-off's 

A Native American employee shall have seniority for retention with respect to termination or layoffs. No Native American Employee, who can perform the work required, shall be terminated through Reduction of Workforce while a non-Native American in the same craft is still employed.

In the event that a Native American Employee is terminated or laid off due to 1) lack of performance on the job, 2) availability of funding, 3) no-call/no show. The TERO Director must be notified in writing, dates and times of absences or tardiness. Please keep a paper trail to turn in to the TERO Director. (i.e. email, text message, etc.)

Equal Employment Opportunity Commission

Pursuant to its mission to eliminate unlawful employment discrimination, the Equal Employment Opportunity Commission (EEOC) will fund a program for Tribes with Tribal Employment Rights Offices (TERO's) to maximize employment opportunities and to protect the Title VII and special preference rights of Indians. Funds provided by the EEOC under contract with each TERO will support the objectives and requirements of the TERO Program to identify, remedy, and eliminate unlawful employment discrimination occurring on or near the reservation. Contractors are to ensure and maintain a working environment free of harassment, intimidation, and coercion on all job sites, in all facilities at which the employees are assigned to work.

Harassment/Discrimination guidelines and how to file a report with Lummi TERO are located in the office and can be picked up anytime. Our Compliance Officers can walk you through all the necessary paperwork to file the complaints.

Religious Accommodations

In concurrence with the Native American Religious Freedom Act, the employer agrees to provide reasonable accommodation to the Native American’s who wish to exercise their rights under the Act. TERO will assist the employer in identifying “reasonable accommodation.”

• Cultural
• Funeral Leave
• Seasonal Treaty Rights