A new NLRB matter demonstrates the importance of having bilingual managers for a bilingual staff. The employer addressed union members in the run up to a decertification election. The script called for the COO to warn the employees: “. . . we believe the Union will push you toward a strike. Should this occur, we will exercise our legal right to hire replacement workers . . . .” A Spanish speaking Payroll Administrator translated on behalf of the employer. After the reference to a possible strike, the translation came out something like: “ . . . we will replace you with legal workers.” No one in management caught the issue and tried to correct it. In context, the NLRB considered this a threat to report the Spanish-speaking workers to immigration officials and to question their authorization to work in the U.S. Consequently, the decertification election had to be re-run. Labriola Baking Co., 361 NLRB No. 41 (September 8, 2014). (For another example of an employer’s bilingual fail, see our post No Habla Arbitration.)

Ya es tiempo que aprendemos español.