Local 11 of the Hotel and Restaurant Employees International Union was the collective bargaining representative for hotel, catering, and food service employees in the Los Angeles area. Local 11 consisted of approximately 16,500 members, 48 percent of whom understood only Spanish.
For this reason, Local 11 had its collective bargaining agreements, monthly newsletters, and various notices printed in Spanish and English. At ratification and nomination meetings that occurred every three years, contemporaneous English/Spanish translation was provided for discussions. Local 11 had monthly meetings at which approximately 50 to 75 members debated union issues such as expenditures, salaries of officers, complaints, and other matters. Translation of the monthly meetings only occurred when a Spanish-speaking member had a question or comment.
The translation was performed by a bilingual union officer, not by an independent professional translator. Angel Zamora and other Spanish-speaking members petitioned Local 11, through established procedures, to provide a qualified translator at all monthly meetings who would offer simultaneous translations of events. The union officers brought the issue before the members at the next monthly meeting. The union secretary announced that translation would be provided, but the members overrode the secretary's decision by majority vote. The issue was debated further at subsequent monthly meetings, but it was repeatedly voted down by a majority.
When the union secretary tried once more to provide for translation at the monthly meetings, the membership voted to conduct monthly meetings solely in English. Zamora commenced an action against Local 11 in federal district court, alleging that failure to provide simultaneous translation by a professional translator at the monthly meetings was a violation of his equal participation and freedom-of-speech rights under Section 101(a)(1) of the LMRDA. What is the standard under which the court will review Zamora's allegation? How should the court decide this case? If Zamora does prevail, is he entitled to an award of attorney fees? Decide.