Vanderbilt Grad Students Free From Aggressive UAW Campaign
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Foundation-assisted students challenged union-backed NLRB demand for private info
Notorious UAW President Shawn Fain saw his union rebuffed by many Vanderbilt students concerned about the union’s intrusive organizing methods. Facing legal and political headwinds, UAW bosses dropped their campaign.
NASHVILLE, TN – Union monopoly bargaining creates barriers to freedom for people across the country. It requires workers to accept self-motivated union bosses as their sole “voice” on issues in their workplace. But, in the private sector, it’s unfortunately the law of the land.
That’s not as clear when it comes to colleges and universities. Although the National Labor Relations Board (NLRB) under President Obama upended existing precedent to dubiously let union officials impose monopoly arrangements on graduate students — a ruling continued by the Biden NLRB — the Family Educational Rights and Privacy Act (FERPA) generally bans universities from sharing student information without student permission. This puts FERPA and federal labor law at odds, as such information is something employers are required by the NLRB to produce during a unionization campaign.
After the United Auto Workers (UAW) union launched a campaign in late 2024 to sweep Vanderbilt University’s graduate students under their monopoly power, NLRB officials required the college to fork over the info of thousands of students. But three courageous students stood up with free legal aid from the National Right to Work Legal Defense Foundation, arguing that disclosure without any procedure violated their privacy rights under FERPA.
Now, union officials have backed down and withdrawn the entire union campaign at the college. The three students and others are free from being forced into UAW union monopoly ranks and from the disclosure of their FERPA-protected information.
“The withdrawal of UAW organizers’ petition seeking a vote to unionize us against our will is a welcome victory for us in our defense of our rights and the rights of our fellow graduate students,” commented one of the Foundation-assisted Vanderbilt graduate students, identified as Jane Doe 1 in legal filings to protect her identity.
Students: FERPA Lets Us Protect Private Info From Unionization Scheme
The students’ effort to protect their privacy began in October 2024, when two students identified in filings as John Doe 1 and John Doe 2 moved to intervene in the NLRB case. They argued that FERPA’s language permits students to seek “protective action” if a university receives a subpoena seeking their personal information, as Vanderbilt had from the NLRB. A regional NLRB official denied their motion to intervene. Foundation attorneys submitted an emergency appeal for John Doe 1 and John Doe 2 to the NLRB in Washington, DC, emphasizing that the students needed an opportunity to “address the serious privacy issues raised by the Region’s subpoena.”
Foundation attorneys additionally filed an updated motion to intervene that included Jane Doe 1 as another student seeking to intervene in the case. Several other graduate students also submitted less-formal objections urging the agency not to enforce a subpoena divulging their private information. The District Court for the Middle District of Tennessee issued a ruling on November 22, 2024, temporarily releasing Vanderbilt from its obligation to comply with the NLRB subpoenas. A few weeks later, UAW union officials announced they were withdrawing their petition to unionize Vanderbilt graduate students, meaning the subpoenas seeking student information are effectively null and void.
Foundation Fights Union Malfeasance at Colleges Nationwide
Meanwhile, Foundation attorneys are assisting graduate students at Dartmouth and MIT with fighting attempts by United Electrical (UE)- affiliated unions to demand dues payments from students against their will and in violation of their rights. Kara Rzasa, a Dartmouth graduate student, and Michael Fernandez, an MIT graduate student, have each hit UE local and national affiliates with charges for illegal polices UE officials are utilizing nationwide when demanding forced dues payments.
“While we’re happy that the private information of Vanderbilt grad students is now secure, it’s clearer than ever that the biased NLRB decisions granting union bosses the ability to foist union monopolies over graduate students were wrong,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “In Foundation cases, we’ve seen union bosses put students’ academic freedom, religious freedom, and privacy protections all at risk, which is why the new appointees to the NLRB need to clarify that students are off-limits to union monopoly power schemes.”
Ruling in Favor of Vanderbilt Grad Students’ Privacy Protections Prompts UAW Affiliate to Abandon Unionization Effort
Separately, Dartmouth and MIT graduate students charge UE affiliates with demanding union dues from them in violation of SCOTUS precedent
Nashville, TN (December 19, 2024) – Following three Vanderbilt University graduate students’ privacy-related legal challenges to the union’s efforts to gain monopoly bargaining privileges on campus, United Auto Workers (UAW) union officials have withdrawn their campaign at the school. The three students, who are identified in legal documents as “John Doe 1,” “John Doe 2,” and “Jane Doe 1,” received free legal aid from National Right to Work Foundation staff attorneys in protecting their private information from UAW union officials.
The students invoked their rights under the Family Educational Rights and Privacy Act (FERPA), which generally prohibits universities from disclosing students’ personal information to third parties without their consent. UAW union bosses sought this information from the three Foundation-represented students and thousands of others as part of the union campaign to place Vanderbilt graduate students under UAW union monopoly bargaining control. The National Labor Relations Board (NLRB) issued subpoenas for that info.
UAW Union Organizers Demanded Private Info Over Student Privacy Objections
In October, two students identified as John Doe 1 and John Doe 2 moved to intervene in the NLRB case, arguing that FERPA’s language permits students to seek “protective action” if a university receives a subpoena seeking their personal information, as in this case. Several other graduate students also submitted less-formal objections urging the agency not to enforce a subpoena divulging their private information. Despite the students’ concerns, a regional NLRB official ruled on October 18 that Vanderbilt had to comply with the UAW-requested subpoenas.
Foundation attorneys submitted an emergency appeal for John Doe 1 and John Doe 2 to the NLRB in Washington, DC, emphasizing that the students needed an opportunity to “address[] the serious privacy issues raised by the Region’s subpoena.” Foundation attorneys additionally filed an updated motion to intervene that included Jane Doe 1 as another student seeking to intervene in the case.
Following a rising tide of student opposition, the District Court for the Middle District of Tennessee issued a ruling on November 22 temporarily releasing Vanderbilt from its obligation to comply with the NLRB subpoenas. On December 12, UAW union officials announced they were withdrawing their petition to unionize Vanderbilt graduate students, meaning the union campaign has ended and the subpoenas seeking student information are effectively moot.
“Many of my colleagues and I simply want to pursue our academic studies, and oppose not only UAW organizers having our private contact information, but also being forced to associate with a union at all in order to earn our graduate degrees,” commented one of the Foundation-assisted Vanderbilt graduate students, identified as Jane Doe 1 in the legal filings. “The withdrawal of UAW organizers’ petition seeking a vote to unionize us against our will is a welcome victory for us in our defense of our rights and the rights of our fellow graduate students.”
Dartmouth, MIT Grad Students File New Cases Challenging UE Union’s Dues Seizures
Meanwhile, Foundation attorneys are assisting graduate students at Dartmouth and MIT with fighting attempts by United Electrical (UE)-affiliated unions to demand dues payments from students against their will and in violation of their rights. Kara Rzasa, a Dartmouth graduate student, and Michael Fernandez, an MIT graduate student, have each hit UE local and national affiliates with charges for illegal polices UE officials are utilizing nationwide when demanding forced dues payments.
Fernandez’s charge slams the UE for violating federal law, including the Foundation-won Communications Workers of America v. Beck Supreme Court precedent, in how the union calculates the amount of fees it can require the students to pay. The charge notes UE union officials are using out of date, incomplete, and unaudited financial statements to attempt to extract more mandatory fees than can be legally justified.
Rzasa’s charge challenges the UE’s nationwide “window period” policy that blocks graduate students from opting out of full dues, including the portions that go to union activities UE officials admit are explicitly political. The charge notes this violates the National Labor Relations Act, the Beck decision, and other federal limits on union officials’ monopoly representation powers.
Separately, Foundation attorneys are assisting Dartmouth Ph.D. student Ben Logsdon in his effort to seek a religious accommodation that would exempt him from being “represented” by UE union officials. Logsdon objects on religious grounds to the ideological stances of the UE union and wants nothing to do with that union.
“While we’re happy that the private information of Vanderbilt grad students is now secure from prying union eyes, it’s clear from both that case and many other cases that Foundation attorneys are litigating for grad students around the country that union monopoly bargaining power has no place in the academic sphere,” commented National Right to Work Foundation President Mark Mix. “Union bosses were able to get a foothold at colleges and universities as the result of biased rulings from the NLRB under Obama and Biden, which has jeopardized not only academic freedom, but also religious freedom, and federal protections that students rely on for privacy and security.
“While no one in America should be forced to accept the control of a union boss hierarchy they oppose, courts and federal agencies in the new year should look to these cases as prime examples of why the union monopoly bargaining model should never have been extended to graduate students at all,” Mix added.
