Opinion for the Court filed by Circuit Judge BROWN. Before: GARLAND and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge. Sponzo, Assistant Attorney General, were on the brief for intervenor State of Connecticut. Richard Blumenthal, Attorney General, Attorney General s Office for the State of Connecticut, and Richard T. McCracken argued the cause and filed the brief for intervenor UNITE HERE! International Union. Armstrong, Deputy Associate General Counsel, and Meredith L. Ferguson, Associate General Counsel, Aileen A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent. Bryant Rogers were on the brief for amici Indian Tribes and Tribal Organizations in support of petitioner and reversal of the NLRB s judgment. NATIONAL LABOR RELATIONS BOARD, RESPONDENT UNITE HERE! AND STATE OF CONNECTICUT, INTERVENORS Consolidated with 05-1432 On Petition for Review and Cross-Application of Enforcement of an Order of the National Labor Relations Board Jerome L. 05-1392 SAN MANUEL INDIAN BINGO AND CASINO AND SAN MANUEL BAND OF SERRANO MISSION INDIANS, PETITIONERS v. United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued NovemDecided FebruNo.