FERPA Notice from Human Resources

Dear Student,
You are receiving this letter because the National Labor Relations Board (NLRB) has issued a subpoena requiring Dartmouth to provide certain information relating to you by March 13, 2023, as a result of the February 24, 2023, petition filed by the Graduate Organized Laborers of Dartmouth-United Electrical, Radio and Machine Workers of America (GOLD-UE). In that petition, GOLD-UE is seeking to be certified as the exclusive representative of a group of graduate students enrolled at Dartmouth. Based on our records, you are a member of this group.
As a standard part of the NLRB election process, the NLRB's subpoena is seeking the following information about you and other members of this group, which the NLRB will provide to GOLD-UE: full names, work locations, shifts, job classifications, and contact information (including home addresses, available personal email addresses, and available personal home and cellular telephone numbers). We attached a copy of the subpoena to this communication.  
Before Dartmouth can comply with the subpoena by providing the NLRB with this information about you, Dartmouth is also required to provide you with advance notice under a federal student privacy law, the Family Educational Rights and Privacy Act (FERPA). You have the right to take legal action at your own cost – such as pursuing an injunction in court – to protect against the disclosure of your information. If you do not wish to exercise that right at this time, no action is required on your part and Dartmouth will answer the subpoena with the requested information. 
We recognize that this required part of the election process may be unfamiliar to you. Additional information about FERPA and the subpoena can be found below. Any questions you may have about the subpoena may be directed to the Regional National Labor Relations Board at (617) 565-6700. 
Additionally, as required by the National Labor Relations Act (NLRA) and governed through the National Labor Relations Board (NLRB), enclosed and linked here, is a Notice of Petition for Election.
Human Resources
Human Resources
7 Lebanon Street – Suite 203 • Hanover, NH 03755
Phone: (603) 646-3411 | Fax: (603) 646-1297
Human.Resources@dartmouth.edu | dartmouth.edu/hrs


Frequently Asked Questions Regarding FERPA:
1.   What is FERPA?
Dartmouth's FERPA Policy and an explanation of FERPA may be found at this link.
2.   How do I challenge the release of my information? I don't want it released.
It is generally up to students to challenge the release of their information in the event of a lawfully issued subpoena, as FERPA allows for the release of information without a student's consent in response to a lawfully issued subpoena. The National Labor Relations Board issued Dartmouth a subpoena pursuant to its authority under 29 U.S.C. § 161(1) for the purpose of processing GOLD-UE's February 24 petition and conducting an election. Dartmouth is obligated to notify the student of the release of non-directory information pursuant to a lawfully issued subpoena and provide a reasonable amount of time for the student to seek a protective order. Students seeking to prevent the release of the information listed in this communication may retain their own legal counsel and seek relief from a court. Dartmouth's FERPA Policy and an explanation of FERPA may be found at this link.
3.   Why has my information been subpoenaed and by whom? How will the information be used? 
This subpoena was issued by the National Labor Relations Board. The information contained in the subpoena is required as part of the NLRB's established process for reviewing GOLD-UE's February 24 petition and conducting an election and will be used by the NLRB in that process. (The rules for this process can be found at 29 C.F.R. Part 102 Subpart D.) This information is also considered student information contained in "education records" protected by FERPA. The NLRB has requested this information via a valid subpoena conferring the authority to obtain the information contained in student education records. 
4.   Can schools comply with a subpoena without my consent?
When Dartmouth receives a validly issued subpoena or court order seeking personally identifiable information in a student's education records, Dartmouth will attempt to notify the student involved, unless prohibited by the terms of the subpoena or court order. If the student does not then take legal action to invalidate the subpoena or court order, Dartmouth may disclose this information to comply with the subpoena or court order, in accordance with FERPA regulations and Dartmouth's policy, without seeking further consent from the student. Dartmouth's FERPA Policy and an explanation of FERPA may be found at this link.