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02-06-2015, 10:33 AM #1
Southern California Edison IT workers 'beyond furious' over H-1B replacements
The Clintons have been in bed with Tata for years....
Southern California Edison IT workers 'beyond furious' over H-1B replacements
About 500 IT jobs are cut at utility through layoffs and voluntary departures
By Patrick Thibodeau
Computerworld | Feb 4, 2015 12:06 PM PT
Information technology workers at Southern California Edison (SCE) are being laid off and replaced by workers from India. Some employees are training their H-1B visa holding replacements, and many have already lost their jobs.
The employees are upset and say they can't understand how H-1B guest workers can be used to replace them.
The IT organization's "transition effort" is expected to result in about 400 layoffs, with "another 100 or so employees leaving voluntarily," SCE said in a statement. The "transition," which began in August, will be completed by the end of March, the company said.
"They are bringing in people with a couple of years' experience to replace us and then we have to train them," said one longtime IT worker. "It's demoralizing and in a way I kind of felt betrayed by the company."
SCE, Southern California's largest utility, has confirmed the layoffs and the hiring of Infosys, based in Bangalore, and Tata Consultancy Services (TCS) in Mumbai. They are two of the largest users of H-1B visas.
The utility has a large IT department. In 2012, before any layoffs, it had about 1,800 employees, plus an additional 1,500 contract workers.
Computerworld interviewed, separately, four affected SCE IT employees. They agreed to talk on the condition that their names not be used.
The IT employees at SCE are "beyond furious," said a second IT worker.
The H-1B program "was supposed to be for projects and jobs that American workers could not fill," this worker said. "But we're doing our job. It's not like they are bringing in these guys for new positions that nobody can fill.
"Not one of these jobs being filled by India was a job that an Edison employee wasn't already performing," he said.
SCE said the transition to Infosys and Tata "will lead to enhancements that deliver faster and more efficient tools and applications for services that customers rely on. Through outsourcing, SCE's information technology organization will adopt a proven business strategy commonly and successfully used by top U.S. companies that SCE benchmarks against."
The employees say that some of SCE's U.S. workers have been training their replacements, either in person in SCE's IT offices or over Web sessions with workers in India. The IT workers say the Indian tech workers do not have the skill levels of the people they are replacing.
The SCE outsourcing "is one more case, in a long line of them, of injustice where American workers are being replaced by H-1Bs," said Ron Hira, a public policy professor at Howard University, and a researcher on offshore outsourcing. "Adding to the injustice, American workers are being forced to do 'knowledge transfer,' an ugly euphemism for being forced to train their foreign replacements. Americans should be outraged that most of our politicians have sat idly by while outsourcing firms have hijacked the guest worker programs."
"The majority of the H-1B program is now being used to replace Americans and facilitate the offshoring of high wage jobs," Hira said.
SCE said Infosys and Tata were selected through a competitive process that began "with eight potential vendors, some of them United States-based.
"The decision made to contract with Infosys and TCS was made following vendor site visits, some in India, and in-depth reviews of prospective vendors' operations," the utility said.
SCE employees said that since August, when the layoffs began, the composition of the IT workplace began to change. "I see a lot of Indian people walking the halls, and less Americans," said a third IT worker interviewed.
Employee observations of an increasing number of foreign workers in their workplace is backed up by U.S. Labor Department filings. Employers have to file wage data of foreign workers and their workplace location with federal authorities in a form called a Labor Condition Application (LCA). In Irwindale, California, where SCE runs a major part of its IT operations, the two offshore companies had as many as 180 LCAs, and in a random check of these applications, every address matched an SCE location.
Displaced IT workers have long protested and complained about the use of H-1B workers, but they are overshadowed by large tech companies that lead H-1B lobbying efforts in Washington. IT workers are also effectively silenced through severance agreements that include non-disparagement clauses and confidentiality provisions, as well as fears that public complaining may hurt re-employment prospects.
Replacing U.S. workers with H-1B workers violates the spirit if not the letter of the law. Hira pointed out that as a part of the application process to obtain H-1B approval from the Labor Department, an employer is required to attest to the following: "Working Conditions: The employer attests that H-1B, H-1B1 or E-3 foreign workers in the named occupation will not adversely affect the working conditions of workers similarly employed." This statement is in Form 9035CP of the LCA.
Further, Hira noted that the Labor Department states, "The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers comparably employed.
"The SCE case is clearly one where the hiring of the H-1B is adversely affecting the wages and working conditions of American workers," Hira said. "There isn't a clearer cut case of adverse impacts - the American worker is losing his job to an H-1B." Hira believes that the U.S. Secretary of Labor has the authority to investigate these cases.
The use of H-1B workers has other implications as well. They are mostly young, under 35 years of age, according to government data, and the SCE workers interviewed said many older workers were being laid off. H-1B workers are also overwhelmingly male. The IEEE has estimated that as many as 85% are males.
Although H-1B workers have to be paid prevailing wages, a data analysis of wages that Hira conducted found that H-1B workers cost employers less. The national median wage for an Infosys worker over a recent three-year period was $60,000 per year and for Tata it was $64,900, he said. These are figures that are lower than what appear in salary surveys, including Computerworld'sannual survey. H-1B workers employed by offshore outsourcing companies are less likely to become permanent residents. Infosys sponsored only 2% of its workers for permanent U.S. residency over a three-year period and Tata, none, he said.
Northeast Utilities in Connecticut last year made a similar decision to SCE's and brought in foreign contractors on visas. More than 200 U.S. IT workers lost their jobs.
Some of the SCE employees say the outsourcing move is linked to a 2012 report that found fault with the IT management culture. The report, by a consulting firm's incident management team, followed a December 2011shooting, where an employee fatally shot two IT managers and wounded two other workers before taking his own life. The gunman worked in the IT department.
The consultants interviewed IT workers who told them that some managers were "autocratic, authoritarian and draconian in their approach." Full-time employees complained of working excessive hours, including weekends and holidays. The report said that "these difficult and exhausting conditions are reportedly having adverse consequences on employees health, including increased stress and irritability."
Prior to the outsourcing agreements, the SCE employees said there were a series of layoffs, including managers.
SCE said it is helping affected employees with severance, and other benefits, including "job fairs and other possible opportunities with other organizations within SCE."
"SCE does not take this action lightly and it is assisting employees through this difficult period," the utility said.
But the third employee interviewed said it did not appear that the company was interested in keeping any of the IT workers targeted for layoffs, and they weren't being offered the chance to apply for other jobs. "They just want to get rid of us and clean house," said this IT worker, who now worries about keeping her home.
http://www.computerworld.com/article...lacements.html
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02-06-2015, 10:35 AM #2
Handy Guide to Bill and Hillary Clinton's Outsourcing Industry links and contributions http://www.democraticunderground.com...ss=132x4836695
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02-06-2015, 10:36 AM #3
Huma Abedin & Hillary Clinton wined & dined by Jobs Outsourcer Tata Consultancy & the Tata Group
FREE REPUBLIC WORLD EXCLUSIVE | November 7, 2007
Posted on 11/7/2007, 1:00:15 PM by KayEyeDoubleDee
Destination: BUFFALO, NY
Sponsor: Tata Consultency [sic] Services
Purpose: COMPANY VISIT
Date: Mar 10, 2003
Expense: $778.50
Reimbursement JPG
Further documentation at Legistorm.com
Destination: PAKISTAN-NEW DELHI INDIA-WHITE PLAINS, NY
Sponsor: INDIA TODAY
Purpose: SPEECH
Date: Feb 23, 2005 (4 days)
Expense: $6,093.00
Reimbursement JPG
Further documentation at Legistorm.com
http://www.freerepublic.com/focus/news/1922368/posts
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02-06-2015, 10:43 AM #4
Published on
Monday, July 30, 2007
by
the Los Angeles Times
Clinton Woos the Outsourcers that Workers Fear
by
Peter Wallsten
BUFFALO, N.Y. - To many labor unions and high-tech workers, the Indian giant Tata Consultancy Services is a serious threat - a company that has helped move U.S. jobs to India while sending thousands of foreign workers on temporary visas to the United States.
So when Sen. Hillary Rodham Clinton (D-N.Y.) came to this struggling city to announce some good news, her choice of partners was something of a surprise.0730 03
Joining Tata Consultancy's chief executive at a downtown hotel, Clinton announced that the company would open a software development office in Buffalo and form a research partnership with a local university. Tata told a newspaper that it might hire as many as 200 people.
The 2003 announcement had clear benefits for the senator and the company: Tata received good press, and Clinton burnished her credentials as a champion for New York's depressed upstate region.
But less noticed was how the event signaled that Clinton, who portrays herself as a fighter for American workers, had aligned herself with Indian American business leaders and Indian companies feared by the labor movement.
Now, as Clinton runs for president, that signal is echoing loudly.
Clinton is successfully wooing wealthy Indian Americans, many of them business leaders with close ties to their native country and an interest in protecting outsourcing laws and expanding access to worker visas. Her campaign has held three fundraisers in the Indian American community recently, one of which raised close to $3 million, its sponsor told an Indian news organization.
But in Buffalo, the fruits of the Tata deal have been hard to find. The company, which called the arrangement Clinton's "brainchild," says "about 10" employees work here. Tata says most of the new employees were hired from around Buffalo. It declines to say whether any of the new jobs are held by foreigners, who make up 90% of Tata's 10,000-employee workforce in the United States.
As for the research deal with the state university that Clinton announced, school administrators say that three attempts to win government grants with Tata for health-oriented research were unsuccessful and that no projects are imminent.
The Tata deal underscores Clinton's bind as she attempts to lead a Democratic Party that is turning away from the free-trade policies of her husband's administration in the 1990s and is becoming more skeptical of trade deals and temporary-worker visas.
Like many businesses and economists, Clinton says that the United States benefits by admitting high-tech workers from abroad. She backs proposals to increase the number of temporary visas for skilled foreigners.
The Tata deal shows the difficulty of proving concrete benefits to U.S. workers from the visa system. Since 2003, the year its Buffalo office opened, Tata and its affiliates have sought permission to bring more than 1,600 foreign high-tech workers to the state, including at least 495 to the upstate region and 45 to Buffalo, according to government data. Tata has brought additional workers into the country under a second visa program whose numbers have not been disclosed.
Some U.S. worker organizations say Clinton cannot claim to support American workers if she is also helping Indian outsourcing companies and proposing more worker visas.
"It's just two-faced," said John Miano, founder of the Programmers Guild, one of several high-tech worker organizations that have sprung up as outsourcing has expanded. "We see her undermining U.S. workers and helping the offshoring business, and then she comes back to the U.S. and says, 'I'm concerned about your pain.' "
Among Indian American activists, Clinton's work with Tata has been seen as a sign of her independence from outsourcing skeptics within her party - and a break from the Democrats' 2004 presidential nominee, Massachusetts Sen. John Kerry, who lambasted "Benedict Arnold CEOs" for shipping jobs overseas.
The main lobbying organization for the Indian-American community, USINPAC, cites the Tata deal as one of Clinton's top three achievements as a senator - and evidence of a turnabout, in its view, from her past criticism of outsourcing. "Even though she was against outsourcing at the beginning of her political career," the USINPAC website says, "she has since changed her position and now maintains that offshoring brings as much economic value to the United States as to the country where services are outsourced, especially India."
Clinton regularly reinforces that view. When CNN anchorman Lou Dobbs, an outsourcing critic, pressed her on the Tata deal in 2004, Clinton responded: "Well, of course I know that they outsource jobs, that they've actually brought jobs to Buffalo. They've created 10 jobs in Buffalo and have told me and the Buffalo community that they intend to be a source of new jobs in the area, because, you know, outsourcing does work both ways."
This month, she made a similar case to a conference of Indian workers in Silicon Valley, saying she supported an expansion of visas. "Foreign skilled workers contribute greatly to our U.S. technological development," she told the group via satellite.
Clinton acknowledged the strains on American workers and called for more job-training programs. But her words seemed to distance her from those who would end outsourcing. Increased U.S. job losses, she said, could cause Americans to "seek more protection against what they view as unfair competition."
The Tata deal, she said in a 2005 stop in India, exemplified the cooperation that will "help to prevent the kind of negative feelings that could be stirred up" by critics of the global marketplace. She called those critics "short-sighted."
Today, on the campaign trail, Clinton often strikes a different tone. Addressing union audiences and Democratic crowds, she does not highlight her support for expanding foreign-worker visas. Instead, Clinton often laments a system that, as she told a government workers union last month, rewards companies for "moving our jobs overseas." "Outsourcing is a problem, and it's one that I've dealt with as a senator from New York," Clinton said during a Democratic candidates debate in June. She said she had tried "to stand against the tide of outsourcing."
Clinton aides say the Tata deal is just one example of her broader efforts to help upstate New York. Whatever the results, said spokesman Philippe Reines, the effort showed Clinton helping to build a high-tech future for a region long focused on manufacturing.
Buffalo's population has fallen by half over 50 years, as automotive and other manufacturing jobs moved overseas. Resentment is so high that voters last year nearly dumped a longtime Republican congressman for an anti-trade Democrat, who had made outsourcing his biggest issue.
For Clinton, a newcomer to New York when she ran for the Senate in 2000, the upstate region was considered a challenge - a traditionally conservative area that did not participate in the economic prosperity during her husband's presidency. So, as a candidate, she pledged to use tax credits and other incentives to create 200,000 jobs in the region.
In 2002, Clinton took a group of Indian business executives on a tour of the region and to a meeting with administrators from the state university in Buffalo. The group included Tata Consultancy Services, an information technology consulting firm that is part of Tata Group, a conglomerate with interests in electricity, steel, aviation, cars and hotels.
At the time, Tata Consultancy had two offices in the state - both in New York City to service Wall Street clients.
But a year after the tour, the company flew Clinton to join its chief executive, S. Ramadorai, in Buffalo for an announcement: It would open an office there.
Tata also signed a memorandum of understanding with a university research center to pursue discoveries in genetics, drugs and other areas. In a news release, Tata said that deal "will eventually lead to opportunities for training, recruitment and job creation in Buffalo."
"There was a sense of excitement on the part of the community," said Anthony M. Masiello, Buffalo's mayor at the time, "to have a company like Tata that would not traditionally look at coming to western New York."
But soon the company faded from public view, said Andrew J. Rudnick, president and CEO of the Buffalo-Niagara Partnership, an economic development group in which Tata was initially active. "They told us their business strategy had changed," he said. "The reality is that the number of people that Tata is employing here now doesn't seem to be significant."
At the University at Buffalo, Bruce A. Holm, director of a research center pursuing projects with Tata, conceded that the partnership had not played out as hoped. But he said that progress was still possible.
Tata officials say the company has hired 50 people from the Buffalo area in the last four years but most have left or have been transferred to other locations. They say the Buffalo operations remain important to the company and a part of the civic life of the city.
But critics say that Tata has done more to undercut workers in upstate New York than it has helped - and that Clinton is wrong to argue that exposing U.S. workers to competition from foreign workers is helping both groups.
Since Tata arrived in Buffalo, "the reality is that it probably created many more jobs for workers overseas and displaced lots of American workers," said Ronil Hira, a public policy professor at the Rochester Institute of Technology and a prominent critic of outsourcing.
A report released by two senators said that Tata was one of the biggest users of foreign-worker visas in the United States, employing more than 7,900 visa recipients last year. The large number of visas suggests that companies are circumventing laws designed to protect American workers, Sens. Richard J. Durbin (D-Ill.) and Charles E. Grassley (R-Iowa) said in their report.
Clinton and many other lawmakers have called for cracking down on visa abuse. At the same time, she has backed an increase in the number of foreigners admitted to the U.S. each year under the main type of visa for high-tech workers. The cap is 65,000 each year; companies are seeking 115,000.
And her campaign continues to telegraph - sometimes in front of Indian American audiences - that she sees benefits to a globalized world.
Three weeks ago, her husband drew applause at a conference of 14,000 Indian Americans in Washington as he extolled the benefits of "open borders, easy travel, easy immigration." He said the outsourcing debate bothered him because it failed to acknowledge the contributions of Indians who settled in the U.S. The same day, he headlined a fundraiser at the conference for his wife's campaign.
Labor union leaders, who haven't decided whom to endorse for president, say they have watched the Tata deal and Clinton's statements on outsourcing.
"People do want to see from her some recognition that the outsourcing of these service jobs isn't a good thing for the U.S. economy," said Thea M. Lee, policy director of the AFL-CIO. "It's a little bit of an open question where Sen. Clinton's going to end up on outsourcing."
Total ... 495
--
*H-1B visas allow U.S. employers to hire high-skilled international workers for up to six years. Obtaining certification from the Department of Labor does not necessarily mean the company secured visas, but that is the only public indicator of where a company intends to deploy foreign workers. Whereas H-1B certification data is public, similar information is not available for L-1 visas, which accounted for more of Tata's workers in 2006, according to a U.S. Senate report.
http://www.commondreams.org/news/200...s-workers-fear
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02-06-2015, 11:58 AM #5"They are bringing in people with a couple of years' experience to replace us and then we have to train them," said one longtime IT worker. "It's demoralizing and in a way I kind of felt betrayed by the company."A Nation Without Borders Is Not A Nation - Ronald Reagan
Save America, Deport Congress! - Judy
Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn
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02-06-2015, 02:50 PM #6The SCE outsourcing "is one more case, in a long line of them, of injustice where American workers are being replaced by H-1Bs," said Ron Hira, a public policy professor at Howard University, and a researcher on offshore outsourcing. "Adding to the injustice, American workers are being forced to do 'knowledge transfer,' an ugly euphemism for being forced to train their foreign replacements. Americans should be outraged that most of our politicians have sat idly by while outsourcing firms have hijacked the guest worker programs."
"The majority of the H-1B program is now being used to replace Americans and facilitate the offshoring of high wage jobs," Hira said.
...
But the third employee interviewed said it did not appear that the company was interested in keeping any of the IT workers targeted for layoffs, and they weren't being offered the chance to apply for other jobs. "They just want to get rid of us and clean house," said this IT worker, who now worries about keeping her home.
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02-06-2015, 03:28 PM #7
What can we do? Well, we can start by throwing all these "free trade traitors" out of office who happen to be the same people as the Pro-Amnesty traitors in most instances. Any candidate who even breathes a word about "expanding trade", "free trade", "new trade agreements", "eliminating trade barriers", and so forth are all free trade traitors, selling out our country and citizens. NAFTA and CAFTA and so many more free trade treason agreements including those with India and China, have all caused this and need to be reversed. Also, we can stop most of it with the FairTax because when these imports come in now at zero or little charge through tariffs they're home free without any federal income tax obligations, while the FairTax taxes all these items the same as domestic items leveling the playing field in favor of US companies. The FairTax also taxes government purchases, so when the government wants to betray us through their purchases, they can think twice about paying FairTax on imported goods and instead purchase domestic and have all the money they paid recycled through the US economy, instead of just the tax.
The free trade traitors started labeling those of US who believe in fair and protected trade, "isolationists" and "xenophobes", much like the pro-immigration industry labels anyone who is against excess immigration a "racist", and the anti-FairTax lobby calls us "unfair" or "rich". We're none of these, we're simply Americans who understand the US economy and know irrefutably that free trade, excess immigration and the income tax have destroyed our economy, reduced our standard of living, grown poverty and government spending beyond belief, and in turn grown the national debt beyond imagine. Together these policies are a perfect storm of failure for the United States with harm to millions and millions of citizens and damage in the trillions and trillions of dollars that eventually impacts US all.
All we ask is that Americans pay a sales tax with a rebate for essentials instead of an income tax, hire Americans, and purchase from domestic companies more often than not. Is that really so much to ask of any US citizen to ensure we continue our more perfect union by maintaining our domestic tranquility and securing the blessings of liberty for ourselves and our posterity? Does that ring a bell with anyone? Those are the reasons we have a country and government in the first place, so it's time we all stepped up to do what is necessary to save them, and by doing so, save ourselves and the futures of our own families.Last edited by Judy; 02-06-2015 at 09:50 PM.
A Nation Without Borders Is Not A Nation - Ronald Reagan
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02-07-2015, 05:18 AM #8
Well, when the H-1B people are being hired to do what the American workers are already doing, and when the American workers have to train the foreigners so that they can actually do the Americans' jobs, it's obvious that the Indians don't have any real skills, let alone skills that we don't already have here at home.
Our own STEM graduates are already having difficulty getting jobs in their fields, and Bamacrats and Repub leaders want more foreigners. Yikes.
*****************************************
Americans first in this magnificent country
American jobs for American workers
Fair trade, not free trade
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02-07-2015, 06:31 AM #9
Exactly. Immigration law requires proof that the workers and skills aren't available. The facts prove this was not the case with the Edison visa workers, so I think this group of Edison employees have an outstanding case for both civil and criminal adjudication and they need to go for it and file their civil suit immediately. It doesn't cost that much to file against Edison and get things rolling. Every worker in America who knows they were fired and replaced with any foreign worker under a visa program needs to find their friends and co-workers and band together to file suits against these employers. There are statutes of limitations so time is of the essence. Then insist that the District Attorney and State Attorneys file criminal charges against those who broke immigration law, which they did any and every time an American worker was replaced with a visa worker. Both civil and criminal charges are there to be made against everyone involved, both in Edison and every agency of the federal government involved in the issuance of the visa, from the Department of Labor that failed to protect the American Workers to DHS that issues the visa to the Department of State Bureau of Consular Affairs that delivers them.
http://www.dol.gov/whd/immigration/h1b.htm
It's very clear cut:
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.
We have the laws to stop this for those Americans directly affected, and it's time they use these laws through the courts to stop this madness.Last edited by Judy; 02-07-2015 at 06:47 AM.
A Nation Without Borders Is Not A Nation - Ronald Reagan
Save America, Deport Congress! - Judy
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02-07-2015, 06:15 PM #10
It's quite common for companies seeking to hire H-1B employees to specify the job requirements in a way that are hard or impossible for anyone else to meet. The government doesn't check that the job requirements are legitimate just that Americans can't be found who meet them. Often advanced degrees are required for positions where that knowledge isn't used. Specifying a large amount of experience using a particular skill or product is often used to weed out Americans. I've even seen ads requiring more years experience with a product than the product has been available. An applicant has to lie to meet these requirements. If a non H1B applicant claims that experience the company will challenge it but not when an H1B applicant claims it.
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