Because of the mixture of ethnic groups in the employer’s factory, the NLRB conducted the election using a ballot translated from English into Spanish, Vietnamese, and Laotian. Food & Commercial Workers Local 34 won the election 119–112.

The translations were line-by-line. Some English-reading employees claimed this made it difficult to read. Some of the translations were later found to be somewhat inaccurate. Neither side challenged any ballots.

How should the NLRB have ruled on the company’s challenge to the election outcome based on the flawed ballots? See Kraft, Inc. [273 NLRB 1484, 118 L.R.R.M. 1242 (1985)].