To Vanderbilt University students:
We’re writing to make you aware of a development related to the petition filed by the Vanderbilt Graduate Workers United – International Union, UAW (“VGWU-UAW”) that might further compromise the privacy of your educational records at Vanderbilt.
As we previously communicated, on October 7, following a petition filed by VGWU-UAW, the NLRB issued a subpoena to Vanderbilt requesting the production of certain student information. More than 80 students filed objections to the disclosure of their personal information, asserting their privacy rights under the federal Family Educational Rights and Privacy Act (“FERPA”). Late on Wednesday, October 16, 2024, Vanderbilt University received a new, second subpoena issued by the National Labor Relations Board (“NLRB”) at the request of VGWU-UAW (“the Second Subpoena”).
Vanderbilt will treat the Second Subpoena as a lawfully issued subpoena. However, Vanderbilt intends to object to this subpoena, as the university believes that the scope of the subpoena is broader than is appropriate or necessary for the UAW to present its legal arguments at the upcoming hearing before the NLRB.
You are receiving this notice because Vanderbilt has determined that the Second Subpoena requests a variety of information that is part of your educational records protected by FERPA, including but not limited to:
- Copies of all letters of appointment, offer letters, or other communications informing individuals enrolled as graduate students at Vanderbilt University that they are to provide instructional services, research services, or administrative services at Vanderbilt University during the 2022 – 2025 academic years;
- Copies of all letters of appointment or other communications informing individuals enrolled as graduate students at Vanderbilt University that they are to receive payment from Vanderbilt University, including all conditions and requirements for the receipt of such payments; and
- All records, including but not limited to payroll records, benefit plan summaries, summary plan descriptions, and benefit administration records for the 2022- 2023, 2023 - 2024, and 2024 - 2025 academic years, showing in regard to all petitioned-for-employees their names, job classifications, job codes, departments, rates of compensation, including fellowship payments and other financial aid, dates of hire, weekly hours worked, and benefits received.
Under FERPA, personal identifying information in your educational records maintained by the university, including the information requested by the Second Subpoena described above, can be released without your consent only if Vanderbilt gives you notice of the subpoena so that you have an opportunity to object to the release of this information.
Vanderbilt is unable to advise you whether to object to its intended response to the Second Subpoena with the above-described personal information from your educational records.
Should you wish to exercise your right to object to the disclosure of the above information from your educational records, please submit your objection by 5:00 pm on October 29, 2024 to Lisa Y. Henderson, Regional Director, and Jill C. Adkins, Field Examiner, National Labor Relations Board Region 10, with copies to Samuel Morris, attorney for VGWU-UAW, and Michelle Tellock, Deputy General Counsel for Vanderbilt University.
We have anticipated some questions that you may have, which we have answered below:
Q: Do I need to object to this Second Subpoena if I objected to the earlier NLRB Subpoena?
A: YES. Because this is a new subpoena, even if you objected to the first subpoena, if you object to the disclosure of your educational records sought by the Second Subpoena, you must separately object to the Second Subpoena by following the procedures above.
Q: Has the NLRB ruled yet on Vanderbilt’s objections to the first NLRB subpoena, or the motions to postpone the October 21 hearing?
A: No. We have not yet received any ruling on the objections to that subpoena or the motions to postpone until your objections are ruled upon. We will update you when we have additional information.
We will continue to keep you informed about this process as it develops. Thank you for your attention to this important matter.
C. Cybele Raver
Provost and Vice Chancellor for Academic Affairs
C. André Christie-Mizell
Vice Provost for Graduate Education and Dean of the Graduate School
