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Vanderbilt grad students challenge UAW's request for personal info

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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

Two graduate students at Vanderbilt University have taken legal action to block a subpoena demanding their personal information, which is being sought by the Vanderbilt Graduate Workers United (VGWU), an affiliate of the United Auto Workers union (UAW). The students, identified as "John Doe 1" and "John Doe 2," have enlisted the National Right to Work Legal Defense Foundation for assistance in challenging this demand.

The case is currently under review by the National Labor Relations Board (NLRB) in Washington, DC. This follows an appeal against a decision by NLRB Region 10 that dismissed their motion on grounds that they are not a labor organization and therefore have no standing in the matter.

The VGWU seeks access to personal data as part of its efforts to bring Vanderbilt graduate students under UAW bargaining control. An NLRB-issued subpoena requests that Vanderbilt University release this information. However, the students argue that doing so would violate the Family Educational Rights and Privacy Act (FERPA), which restricts disclosure without student consent.

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“The…subpoena to Vanderbilt is an attempt to violate FERPA’s protections, privileging union interests over the graduate students[’] privacy rights,” states their appeal. They aim to present legal arguments supporting their privacy rights against this subpoena.

Their original motion argues FERPA allows for "protective action" if personal data is requested via subpoena. They seek suspension of enforcement until they can defend their privacy adequately. Despite past ambiguity in NLRB intervention standards, they believe protecting privacy provides valid grounds for involvement.

VGWU's parent organization, UAW, has faced scrutiny due to past misconduct involving misused dues money and remains under federal oversight after multiple convictions within its leadership.

“UAW officials are seeking to override college students’ federal privacy protections...treats students as pawns in the union’s ascent to power at the university,” commented Mark Mix from the National Right to Work Foundation. He criticized changes under recent administrations allowing unions more influence over unwilling participants, highlighting broader issues with union practices impacting both academic settings and workplaces nationwide.

Mix concluded by supporting the Vanderbilt students' resistance: “The Vanderbilt students we represent are right to resist this kind of compulsion and we will defend their right to privacy.”

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