Multi-Lingual Language Translation and New Changes in NLRB Deferral to Arbitration

We’ve blogged about legal translation and language interpreting services in the context of nesting arbitration agreements in contracts. The National Labor Relations Board (NLRB) recently announced proposed changes to its framework for post-arbitral deferral. Traditionally, the NLRB has used a policy of declining to take jurisdiction over an unfair labor practice charge when an arbitrator has already issued an award. The standard used was that the arbitrator’s award would be deferred to when the contract and statutory issues were ‘factually parallel’ and the arbitrator was ‘presented generally with the facts relevant to resolving the unfair labor practice’.

According to the proposed changes, the NLRB would defer to an arbitration award only if the arbitrator had actually considered the statutory rights, along with shifting the burden of proof to the party that is urging deferral. This seems to make sense, as the NLRB would still maintain jurisdiction when it is shown that the statutory rights were not considered. However, when dealing with arbitration involving foreign language translations, the evidence required to satisfy the burden of proof may become tedious.

Contact our legal translation firm to retain competent Japanese interpreters, Russian interpreters, Spanish interpreters, Mandarin Chinese interpreters, French interpreters, Cantonese interpreters, Czech interpreters, German interpreters, or other language interpreters for your next arbitration or deposition.

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by Legal Translator & Court Interpreter

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