UAW halts Vanderbilt union drive after student privacy ruling

Angel J. Valencia | Staff Attorney (2018-Present) | NRTWLD&EF, Inc

By Sky Industry News

Dec 19, 2024

Following a legal challenge concerning privacy rights, United Auto Workers (UAW) union officials have decided to halt their unionization efforts at Vanderbilt University. This decision comes after three graduate students, identified as "John Doe 1," "John Doe 2," and "Jane Doe 1," received legal assistance from the National Right to Work Foundation to protect their private information from being disclosed.

The students cited the Family Educational Rights and Privacy Act (FERPA), which restricts universities from sharing personal information without consent. UAW officials had sought this data as part of their campaign to bring Vanderbilt graduate students under union control, leading the National Labor Relations Board (NLRB) to issue subpoenas for the information.

In October, John Doe 1 and John Doe 2 intervened in the NLRB case, arguing that FERPA allows students to seek protection if a subpoena requests their personal data. Despite objections from several students, a regional NLRB official ruled that Vanderbilt must comply with the subpoenas. However, following an emergency appeal by Foundation attorneys, the District Court for the Middle District of Tennessee temporarily relieved Vanderbilt of this obligation on November 22.

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On December 12, UAW announced its withdrawal from the unionization effort at Vanderbilt, rendering the subpoenas moot. Jane Doe 1 expressed relief at this outcome: “Many of my colleagues and I simply want to pursue our academic studies... The withdrawal of UAW organizers’ petition seeking a vote to unionize us against our will is a welcome victory.”

Simultaneously, Foundation attorneys are supporting graduate students at Dartmouth and MIT in challenging dues demands by United Electrical (UE)-affiliated unions. Dartmouth's Kara Rzasa and MIT's Michael Fernandez have filed charges against UE affiliates for allegedly illegal dues policies. Fernandez accuses UE of violating federal law regarding fee calculations based on outdated financial statements. Rzasa contests UE's policy preventing students from opting out of full dues payments.

Additionally, Dartmouth Ph.D. student Ben Logsdon seeks religious accommodation to avoid representation by UE due to ideological differences.

National Right to Work Foundation President Mark Mix commented on these developments: “While we’re happy that the private information of Vanderbilt grad students is now secure... it’s clear... that union monopoly bargaining power has no place in the academic sphere.” He criticized past NLRB rulings under Obama and Biden administrations for jeopardizing academic freedom and privacy protections.

Mix concluded by urging courts and federal agencies to reconsider extending union bargaining models to graduate students: “While no one in America should be forced to accept the control of a union boss hierarchy they oppose... these cases [are] prime examples of why [it] should never have been extended.”