From: The Office of the Provost
Sent: Thursday, February 23, 2023 12:41
Subject: Union Petition Personal Information Disclosure Notice
Dear Graduate Students:
I am writing to provide you with an update on the United Autoworkers Union effort to represent graduate students at Northeastern. The union’s February 6th petition with the National Labor Relations Board (NLRB) triggered a request that the university disclose certain student personal information protected by the Federal Educational Rights and Privacy Act (FERPA). This includes your personal contact information, such as home address, personal email, home phone number, and personal cell phone number.
The university raised the FERPA disclosure issue with the NLRB following receiving the petition, but has now received a subpoena requiring that we produce your personal information. We will be forced to comply with the NLRB subpoena, which requires production of the information within two days of any decision and direction of a union election, unless ordered not to do so by a court or agency of competent jurisdiction. We do not know when any such decision may be made, but the election hearing is currently scheduled to begin on March 2, 2023.
The union has also pursued a subpoena that is seeking your student records, including communications about your assistantship, the nature of any teaching or research you perform, as well as the nature and extent of your funding, among other information. The union’s subpoena seeks these records by March 2, 2023. Separate from any response to the NLRB subpoena, the university will oppose the union’s broad-sweeping information demand that is inconsistent with federal labor law and also seeks information protected by FERPA. However, if the university’s opposition to the union’s subpoena is denied, the university will be required to comply with the subpoena and produce your records.
Northeastern maintains strict policies to protect student information, and regrets that there are currently multiple demands for your protected student information. We will continue to protect your information consistent with federal law, but also comply with any NLRB requirements.
As the NLRB process unfolds, we encourage you to become informed about what it means to have a union and how it may impact your graduate student experience. Our webpage has FAQs and other relevant information that may be helpful.
If you have further questions, please email gradunioninfo@northeastern.edu.
Regards,
David Madigan, Provost and Senior Vice President for Academic Affairs