1. Would it be legal under 'Title IV' of the Landrum-Grinnin Act for the union to adopt a rule that required all candidates for the union office to be proficient in both English and Spanish? Why or why not?
2. Are teaching assistants, research assistants, and proctors employees under the NLRA? Why would a labor union want to represent them? Why would they want representation?
The Title IV Section 401 (e), Landrum-Griffin Act says that in any election a reasonable opportunity shall be given for the nomination of candidate and every member in good standing shall be eligible to be a candidate and to hold office "subject to reasonable qualifications uniformly imposed."
Since the union has adopted the rule that requires all candidates for the union officer's position to be proficient in both English and Spanish. This rule is uniformly imposed, that is all candidates should be proficient in both English and Spanish. If about half of the members of the union are Spanish speaking and do not understand English, and the other half understand English and not Spanish, the rule may be deemed to be reasonable.
If a candidate feels that her Title IV rights have been violated, she cannot sue in court and must forward her election complaint through the Department of Labor. If the victim of such an election violation moves the Department of Labor before elections, the department usually does ...
The union law and its impact on employees is explained in a structured manner in this response. The answer includes references used.