Paul Sanchez, a member of Local 1 of the Bartender Union, speaks
Spanish and is not sufficiently bilingual to understand the English
language in either written or spoken form. Local 1 has 16,500
members, 48 percent of whom understand Spanish only. For several
years Local 1 has had its collective bar-gaining agreements,
monthly newsletters, and various notices printed in Spanish to
accommodate its Spanish- speaking members. At meetings held to
nominate union officers and contract ratification meetings, which
occur
once every three years, English and Spanish translations are
provided for the discussion that takes place. Monthly union
meetings are conducted primarily in English and are attended by
5075 members (less than 1 percent of the unions total membership).
Subjects debated during local union meetings include such topics as
union expen- ditures, salaries of officers, general complaints with
particular employers, and various other operational matters. Such
debate is commonly referred to as shop talk. Spanish translation at
monthly meetings is provided whenever union officer nominations
take place or whenever Spanish-speaking members request their
comments or those of others be translated for the benefit of other
members attending the meeting. Such translation duties are
typically performed by a bilingual local union officer, rather than
hiring an outside, professional translator to be present at each
monthly meeting. Paul Sanchez, along with several other employees,
petitioned Local 1s officers to provide a qualified translator who
was not a member of the union at all monthly membership meetings.
This person would simultaneously translate all meetings proceedings
and discussion into Spanish and English. The union officers brought
the petition request before the members at the next monthly
meeting. With the union members in attendance acting as a
legislative body in accordance with the unions constitution and
by-laws, Sanchezs proposal to hire a full-time outside translator
for the monthly meetings was debated and defeated by a majority
vote of those members in attendance. The majority of the members in
attendance felt that the cost of hiring an outside translator for
every monthly meeting was not justified based on the number of
members who typically attended and the availability of bilingual
union members who could perform the necessary translation duties
upon request. Union member Sanchez then filed a civil suit in
federal court. Sanchez alleged the unions failure to provide
simultaneous translation at the regular monthly union meetings by
an independent professional translator was a violation of his equal
participation and freedom of speech rights under Title I of the
Landrum-Griffin Act.
Relevant Statutory Language Title I, Sec. 101(a),
Landrum-Griffin Act
(1)Equal Rights Every member of a labor
organization shall have equal rights and privileges within such
organization to nominate candidates, to vote in elections or
referendums of the labor organization, to attend membership
meetings, and to participate in the deliberations and voting upon
the business of such meetings, subject to reasonable rules and
regulations in such organizations constitution and by-laws.
(2)Freedom of Speech and Assembly Every member of
any labor organization shall have the right to meet and assemble
freely with other members; and to express any views, arguments, or
opinions; and to express at meetings of the labor organizations his
views, upon candidates in an election of the labor organization or
upon any business properly before the meeting, subject to the
organizations established and reasonable rules pertaining to the
conduct of meetings: Provided, that nothing herein shall be
construed to impair the right of a labor organization to adopt and
enforce reasonable rules as to the responsibility of every member
toward the organization as an institution and to his refraining
from conduct that would interfere with its performance of its legal
or contractual obligations.
Title IV, Section 401(e), Landrum-Griffin Act states in relevant
part, In any election a reasonable opportunity shall be given for
the nomination of candidates and every member in good standing
shall be eligible to be a candidate and to hold office subject to
reasonable qualifications uniformly imposed.
Questions:
1- Did the union violate Title I, Section 101(a) of the Landrum-Griffin Act in this case? If so, what should be the appropiate remedy?
2- Would it be legal Title IV of the Landrum-Griffin Act for the union in this case to adopt a rule that required all candidates for union office to be proficient in both Spanish and English? Why or why not?
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Paul Sanchez, a member of Local 1 of the Bartender Union, speaks Spanish and is not...
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