As student workers continue to unionize at private colleges and universities across the United States, the National Labor Relations Board (NLRB) is addressing concerns about how privacy laws might affect this trend. Recently, NLRB General Counsel Jennifer Abruzzo issued new guidance to help educational institutions navigate the balance between compliance with the National Labor Relations Act and the Family Educational Rights and Privacy Act (FERPA).
This development is crucial as institutions grapple with their dual responsibilities: providing unions with necessary student information while maintaining the confidentiality mandated by FERPA. According to Joshua Nadreau, a regional managing partner at Fisher & Phillips, the legal obligations to furnish student information to a union “runs headlong” into the duty to preserve its confidentiality.
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