Section 1. Information Shared with the Union
To the extent permitted by the Family Educational Rights and Privacy Act (FERPA), MIT shall provide to the Union an electronic file containing the following directory information for each employee in the bargaining unit (provided the student has not elected to suppress the information):
A. Name;
B. Term email;
C. Term phone number;
D. Permanent and term addresses;
E. Course/department or program;
F. Date of birth;
G. Dates of attendance;
H. Enrollment status;
I. Employing department or program; and
J. Position classification.
This information shall be provided with a preliminary list no later than August 15, January 2, and May 15. Updated lists shall be provided no later than September 15, February 1, and June 15. MIT shall supplement such information on a cadence to be mutually agreed upon with the Union to reflect changes in bargaining unit membership during each of the three appointment periods.
If the employee affirmatively consents to the disclosure of such information to the Union as provided for in Section 2 below, MIT shall also include the employee’s dates of employment, immigration status, country of citizenship, rate of pay, pay period, and pay basis.
This listing shall be provided to the Union in Excel (.xlsx) format at no cost. The listing shall include all employees who were in the bargaining unit at any point in the intervening time since the production of the prior listing. If any item on this list is unavailable at the time of delivery, every effort shall be made to include this information in future lists.
Section 2. FERPA Communication and FERPA Release
Within, or as an enclosure to each employee’s appointment letter, MIT shall provide a FERPA Communication and a FERPA Release Form as described below, either in a fillable form that can be completed and submitted to MIT electronically or, if a paper form is sent, scanned and returned electronically. The initial versions of the FERPA Communication and the FERPA Release Form, and any changes to either document, shall be shared with the Union prior to its initial dissemination.
The FERPA Communication will include, at minimum, the following information:
A. The Union is the employee’s exclusive bargaining representative as to the terms and conditions of the employee’s employment with MIT;
B. The Union has a legal obligation to represent the employee when they are engaged in bargaining unit work and, to do so, the Union may need certain information about its unit members;
C. In order to avoid any conflict between the Union’s right to access this information under the National Labor Relations Act and FERPA, which regulates the disclosure of certain information in student-employees’ education records, the employee will be asked to complete and sign the FERPA Release Form and return the form along with all other onboarding paperwork, such as an I-9, etc.; and
D. Contact information of both the Union and MIT for the employee to raise any questions about the FERPA Communication and FERPA Release Form and/or how the information shared with the Union may be used.
The FERPA Release Form will contain, at minimum, the following:
A. An option for the employee to waive their privacy rights under FERPA and affirm their consent to release non-directory information that may be sought by the Union for representational purposes and to which the Union would ordinarily be entitled under the National Labor Relations Act. This option will be accompanied by a statement that the Union, if provided access to such information by the employee, may use such information only for the purposes for which the disclosure was made and may not disclose the information to any other party without the prior consent of the employee;
B. An option for the employee to decline to waive their privacy rights under FERPA; and
C. Information about how an employee may change their selection in the future.
Section 3. FERPA and Discipline/Discharge
In cases related to Article 6, Discipline and Discharge, if the employee has not permitted the disclosure of their non-directory information to the Union, MIT, in accordance with the provisions of that Article, will inform the employee that they are entitled to Union representation, and MIT shall give the employee the opportunity to voluntarily sign a FERPA Release Form.
Section 4. List of Employees
The Union reserves the right to request a list of the names, email addresses with which they applied, and phone numbers of incoming graduate students who are anticipated to be part of the bargaining unit for the upcoming academic year. The Union may request such a list on or after July 15, and MIT will provide the list within fifteen (15) business days after the Union’s request.
Due to international privacy laws that impact MIT’s ability to share certain information with the Union, MIT shall, on a one-time annual basis within fifteen (15) business days following the Union’s request, create a moderated mailing list for the Union’s exclusive use. This mailing list shall automatically redirect emails to the personal email addresses of incoming students covered by the aforementioned privacy laws without providing the Union direct access to their personal information until such information can be shared. All emails delivered through the mailing list shall provide a mechanism for recipients to opt out of future emails; opt-out requests shall be processed promptly (if not automatically), subject to all applicable laws. The parties understand that information regarding incoming students may not be finalized at the time the list is requested. MIT shall endeavor in good faith to provide an accurate list.
Section 5. Aggregate Wage/Hour Data
In addition to the lists of bargaining unit members with the directory information listed in Section 1 of this Article, the Union may request each year a list showing pay rates and total pay for all employees within the bargaining unit. In order to comply with FERPA, this list will not include any personally identifying information for employees. The list will include the following categories of information:
A. Job title;
B. Degree program;
C. Degree start date;
D. Home academic department;
E. Pay rate;
F. Pay basis;
G. Pay period; and
H. Total pay in the academic year.
Section 6. Union Responsibilities
The Union agrees not to use this information for any purpose other than internal Union administration and communication with these individuals. MIT and the Union shall interpret and apply this Article in accordance with FERPA.
Section 7. Employment Records
Employment records shall be defined as records documenting an employee’s appointment to a position covered under this Agreement, revision or termination of such an appointment, appointment-related evaluations, or disciplinary action related to such appointment. An employee’s coursework as a student, academic progress, or other academic records shall not be considered employment records, except to the extent to which they relate to employment discipline or discharge, nor shall any communications or related documents sent to and from GradSupport.
The employee should contact their graduate program administrator for the location of any such employment records.
An employee may review their employment records upon request. An employee has the right to place a written response to any documents, and such response will be kept with the other employment records. Where the employee seeks review of their employment records in relation to a grievance under Article 5, Grievance Procedure, a Union steward or representative may be present at the review and examine the documents.