Tuesday, May 2, 2017

University of California IT Workers Sue After Losing Jobs To Outsourcing



University of California IT Workers Sue After Losing Jobs To Outsourcing
by Jack Hadfield 30 Apr 2017
IT workers at the University of California intend to file a lawsuit challenging their dismissal after they were replaced by offshore workers, arguing that those sacked from the UC San Francisco campus were discriminated against based on age and national origin.

Around 80 people lost their positions in the department, including 50 full-time workers and 30 contractors, in a move that is unheard of in the public sector, where offsourcing is much less common than in the private sector. UCSF hired the India-based firm HCL to handle its services instead of the American workers.

Randall Strauss from Gwilliam Ivary Chiosso Cavalli & Brewer, the attorney representing the ex-employees, argued that “to take a workforce that is overwhelmingly over the age of 40 and replace them with folks who are mainly in their 20s – early 20s, in fact – we think is age discrimination.” The group also represents and “reflects the diversity of California” – to allow them to be “replaced with people who come from one particular part of the world” is discrimination based on their national origin, continued Strauss. The lawsuit will be filed in Alameda County Superior Court.

On Wednesday, details about UCSF’s financial situation emerged that may help the IT workers in their case. A report by a California state auditor found an undisclosed $175 million in funds in the university’s budget; the outsourcing would be estimated to save $10 million a year for the next 5 years.

The lead counsel on the case, J. Gary Gwilliam, released a statement on the subject of the university funding:

It is unbelievable to me that a public university would ship good American jobs overseas by telling the fired workers, the Regents, the Legislature and public of a crying need to save money, while at the same time maintaining a secret slush fund of $175 million dollars which would more than cover the cost of keeping all these jobs in California, leaving more than enough money leftover to cover the needs of the University and its students.

Similar lawsuits have been popping up around the country recently. In December, former IT workers at Disney filed a lawsuit against the company, claiming that American workers were being discriminated against in favor of hiring H-1B visa workers from overseas. Some staff members even alleged that they were forced to train their foreign replacements before being allowed to take their redundancy check.

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Richard C. Blum is a regent at the University of California, an honorary trustee at the Brookings Institution (think tank), a board member at the Haas School of Business, married to California Senator Dianne Feinstein, and was a funder for the Bill, Hillary & Chelsea Clinton Foundation.

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William A. Newsom is Gavin Newsom’s father, and was an associate justice for the California Court of Appeal.
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Haas School of Business is a business school at the University of California, Berkeley.
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Senator Feinstein Supports the Dalai Lama’s Call for Fact-Finding Delegations to Tibet
Thursday, 24 March 2010, 5:30 p.m.
DHARAMSHALA:
Senator Dianne Feinstein has made a speech in the United States Senate
expressing her concern at the situation in Tibet, supporting the Dalai
Lama’s decision to devolve authority as well as his call for
fact-finding delegations to Tibet to see for themselves the current
situation on the ground.In the speech, made on the floor of the
Senate on March 17, 2011 and published in the Congressional Record,
Senator Feinstein referred to the Dalai Lama’s message to the Tibetan
Parliament on handing over his formal authority to an elected leader.
She said, “I applaud His Holiness for this decision and I stand ready
to do my part to help the Tibetan community in exile transition to a
new political structure.”Senator Feinstein also backed the
Dalai Lama’s call, made in his statement on March 10, 2011 the
anniversary of the Tibetan National Uprising, for fact-finding
delegations to Tibet. She said, “I also support His Holiness’ call for
fact-finding delegations to Tibet, including representatives of
international parliamentarians, to see for themselves the current
situation on the ground. “As His Holiness pointed out, similar
delegations visited Tibet in the late 1970s and early 1980s and I
strongly encourage China to allow them again.  “I believe such
delegations could increase awareness about the challenges facing
Tibetans and Tibetan culture and enhance dialogue and cooperation with
China on finding mutually beneficial solutions.”The full text of Senator Feinstein’s statement is given below.Congressional Record112th Congress (2011-2012)TIBET — (Senate – March 17, 2011)—
Mrs. FEINSTEIN. Madam President, I rise today to express my continuing
concern about the current situation in Tibet.  Before I do so, I would
like to bring to the attention of my colleagues a recent statement made
by His Holiness the Dalai Lama on his political future.  In his
March 10 statement marking the 52nd anniversary of the Tibetan
uprising, His Holiness announced his intention to propose amendments to
the Charter for Tibetans in Exile, handing over his formal authority to
an elected leader.  Let me read a portion of his message to the
Fourteenth Assembly of the Tibetan People’s Deputies:  The essence of a
democratic system is, in short, the assumption of political
responsibility by elected leaders for the popular good. In order for
our process of democratization to be complete, the time has come for me
to devolve my formal authority to such an elected leadership.
I applaud His Holiness for this decision and I stand ready to do my
part to help the Tibetan community in exile transition to a new
political structure.  I take great comfort in the knowledge
that His Holiness will continue his role as spiritual leader to the
Tibetan people and will work tirelessly to preserve the Tibetan culture
both inside and outside of Tibet.  I also support His Holiness’
call for fact-finding delegations to Tibet, including representatives
of international parliamentarians, to see for themselves the current
situation on the ground.  As His Holiness pointed out, similar
delegations visited Tibet in the late 1970s and early 1980s and I
strongly encourage
China to allow them again.  I believe such
delegations could increase awareness about the challenges facing
Tibetans and Tibetan culture and enhance dialogue and cooperation with
China on finding mutually beneficial solutions.  Indeed, as a
friend of His Holiness and as a friend of all Tibetan people, I remain
deeply concerned about the situation in Tibet.  In 2008, a wave of
violence swept across Tibet which was met with violence by the Chinese
government.  Reports out of Tibet continue to paint a picture of the
suppression the Tibetan culture and people are confronted with.  And
despite nine rounds of talks between the United Front Work Department
of the
Communist Party of China and envoys of His Holiness the Dalai
Lama , a comprehensive solution to the Tibetan issue remains out of
reach.  As a friend of China and the Dalai Lama , I am saddened to see
the situation in Tibet further deteriorate.  The Dalai Lama has
been trying to engage the Chinese leadershipfor more than 50 years.  In
the 1990s, I carried three letters to President Jiang Zemin from the
Dalai Lama requesting a face-to-face meeting.  In my view, the Dalai
Lama’s concerns are driven by the fact that the Chinese Government
continues to suppress the Tibetan way of life.  Yet he has made
it clear that he does not support independence for Tibet, but rather
meaningful cultural and religious autonomy for the Tibetan people
within the People’s Republic of China.  This can only come about
through meaningful dialogue and negotiation, not actions that would
undermine Tibetan culture.  As such, I urge the administration
to support fact-finding delegations to Tibet and work with our friends
and allies in the international community to call on the Chinese
Government to begin a substantive dialogue with the Dalai Lama on
national reconciliation, respect for the Tibetan culture, and
meaningful autonomy for Tibet.   I have been blessed to call the Dalai
Lama a friend for more than 30 years. I first met him during a trip to
India and Nepal in the fall of 1978.  During that trip I
invited His Holiness to visit San Francisco–where I was mayor at the
time–and he accepted. In September 1979, I was delighted to welcome
the Dalai Lama to San Francisco to receive his first public recognition
in the United States.  During our many conversations, His
Holiness often reiterates that, at its core, Buddhism espouses reaching
out to help others, particularly the less fortunate. And it encourages
us all to be more kind and compassionate.    His teachings truly cross
all religions, cultures, and ethnic lines.  Over the decades,
his principled beliefs have never wavered, yet his teachings have
become more expansive. His message of peace and understanding has never
been more relevant than it is today.  In the midst of war and
bloodshed, the Dalai Lama has been a champion for peace and
nonviolence. In his quiet but undeniably firm manner, he challenges all
of us to look beyond conflict and harmful rhetoric to seek positive
change by embracing dialogue, cooperation, and negotiated solutions.
In the face of hatred and intolerance, he has faith in love,
compassion, and respect.  He reminds people from all corners of the
globe to move beyond our ethnic, religious, and racial divisions and
embrace our common humanity. He encourages us to believe in something
bigger than ourselves and work together for a better future.
He sets a wonderful example for all of us, and I am proud to call him
friend.  I urge my colleagues to join me in supporting the Dalai Lama
in working toward a humanitarian solution to the problems plaguing
Tibet and the Tibetan people
.
14th Dalai Lama
Ties to India
The Chinese press has criticized the Dalai Lama for his close ties with India. His 2010 remarks at the International Buddhist Conference in Gujarat saying that he was "Tibetan in appearance, but an Indian in spirituality" and referral to himself as a "son of India" in particular led the People's Daily to opine, "Since the Dalai Lama deems himself an Indian rather than Chinese, then why is he entitled to represent the voice of the Tibetan people?"[179] Dhundup Gyalpo of the Tibet Sun shot back that Tibetan religion could be traced back to Nalanda in India, and that Tibetans have no connection to Chinese "apart... from a handful of culinary dishes".[180] The People's Daily stressed the links between Chinese Buddhism and Tibetan Buddhism and accused the Dalai Lama of "betraying southern Tibet to India".[179] In 2008, the Dalai Lama said for the first time that the territory India claims as part of Arunachal Pradesh is part of India, citing the disputed 1914 Simla Accord.
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