FERPA

Dear Students,

Please read this letter and navigate to Atlas mobile or desktop app to make your selection as to what information you authorize MIT to release to the MIT Graduate Student Union – United Electrical, Radio & Machine Workers of America (“GSU-UE” or the “Union”). 

If you have previously made a selection, you must make a new selection as the form has been updated.

Every month, MIT gives the Union a dues remittance report, which the Union reviews to ensure bargaining unit members are in good standing as to the payment of dues/agency fees. Additionally, the GSU-UE may use this information to calculate representational fees. Please make a selection by April 26, 2024 in order to have your information included in the April remittance report.  If you decline or make no selection, MIT will not be able to share certain information with the GSU-UE.

As you may already know, the GSU-UE is the exclusive bargaining representative as to the terms and conditions of employment for MIT graduate students serving as salaried research assistants, teaching assistants, and instructor Gs.

The Union has a legal obligation under the National Labor Relations Act (“NLRA”) to represent you and other members of the bargaining unit when engaged in bargaining unit work. The Union may need certain information about you and other members of the bargaining unit so that it may properly represent its bargaining unit members.

The Family Educational Rights and Privacy Act (“FERPA”) is a federal law that prohibits MIT from disclosing certain information from your “education records” to third-parties – including the Union – unless you consent to such a release or it is otherwise permitted or required by law. Under FERPA, an education record is any record that is maintained by MIT that directly relates to you.

The Institute is permitted to and does share your “directory information” with the Union unless you take steps to suppress that information. Sometimes, however, the Union may need additional information contained in your education records, beyond this directory information, for representational purposes and contract administration, including to verify whether you are a bargaining unit member in good standing.  Under FERPA, MIT is prohibited from providing such non-directory information to the Union unless you consent to such a release or it is otherwise permitted by law.

Article 3, Union Security and Check-Off, of the collective bargaining agreement (CBA) requires TAs, RAs, and Instructor Gs to pay either union dues or agency fees to the GSU-UE as a condition of employment (more information here). Many students have authorized the Institute to make payroll deductions for union dues and fees.  Institute reports to the Union the following “Wage and Fee Information” fields 1) employee name, 2) email, 3) current wage rate, 4) gross TA/RA/Instructor G pay, 5) % level of effort, and 6) amounts deducted and remitted to the union. 

In order to avoid any conflict between the Union’s right to access this information and FERPA, you are being provided with the option of signing a voluntary FERPA consent to allow release to the Union of non-directory information in your education records for the exclusive purpose of enabling the Union to use the information in representing you. Please submit the FERPA Release in the MIT Atlas app. There are a few important things to note:

The FERPA Release provides you with three options 1) to authorize the release of all representational information; 2) to authorize the release of only “Wage and Fee Information”; or 3) to not authorize the release of certain information from your education records to the Union.

If you choose to authorize the release of information, the authorization will be valid until you revoke it and MIT will share information from your education records with the Union consistent with your selection. You may revoke or change your authorization at any time by changing your selection and resubmitting the FERPA Release in Atlas.

If you choose to not authorize the release of such information, MIT will not share information from your education records with the Union unless otherwise permitted or required by law.  You may modify this selection at any time by changing your selection and resubmitting the FERPA Release in Atlas.

If you do not complete and submit the FERPA Release, MIT must assume that you do not authorize the release of such information to the Union. 

If you have any questions about this communication, the FERPA Release, and/or how any information shared with the Union may be used, you may reach out to:

MIT Office of Labor Relations:
Ellen McClintock, Assistant Manager, Labor Relations MIT Human Resources
Email:  ellenmcc@mit.edu

MIT GSU-UE:Email:  contact@mitgsu.org