Slashdot Mirror


Sen. Blumenthal Demands Lifting of IT 'Gag' Order (computerworld.com)

dcblogs writes: U.S. Sen. Richard Blumenthal (D-Conn.) is asking the U.S. Department of Justice to investigate the layoff and replacement of IT workers by foreign workers at a state energy utility. But he is also demanding that the utility, Eversource Energy, drop a particularly restrictive non-disparagement clause that laid off employees had to sign to receive their severance. This clause bars discussion "that would tend to disparage or discredit" the utility. [emphasis added] He wants the employees, who had to train foreign replacements, to be able to state "honestly what happened to them."

18 of 220 comments (clear)

  1. Time for unions! by Joe_Dragon · · Score: 5, Insightful

    Time for unions! and time for enforce the H1-B laws.

    1. Re:Time for unions! by Joe_Dragon · · Score: 4, Insightful

      and yet the part saying that they can only be used if they can't find a US worker to do the job is abused and not enforced

    2. Re:Time for unions! by Feyshtey · · Score: 2, Insightful

      No, it would eliminate the severance the workers would have gotten if they'd agreed to an organized transition. That's how these companies do things. They dangle a ransom out there for the workers and then make them sign the gag orders as well, as a term of severance. So the workers could strike, yes. But garaunteed there would be an appreciable percentage who stayed for the final payout, and trained everyone's workers.

      And anyone who thinks the company is considering the output of the new employees as a critical factor in the transition has never called an Indian help desk call center.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    3. Re:Time for unions! by MrKaos · · Score: 4, Insightful

      What would a union do? Strikes don't happen at government-regulated utilities the same way they do at a wholly private company.

      They would lobby politicians at state and federal levels so that strikes are unnecessary.

      Another thing I imagine a union *could* do is negotiate with employers so that H1B visas are implemented more equitably. There maybe a genuine need for them however that shouldn't mean that young local talent should be denied opportunities to get a foot hold with their careers, a union *could* negotiate on their behalf. It could also anonymously by-pass gag orders such as these so that the truth about the conditions are know. It could also look at stale, but talented people and identify what training the need to secure new opportunities.

      Whilst it has been unpopular to talk about IT unions it's probably time to step out of the outmoded thinking that suggests that any IT union would be the same as a union that deals with unskilled professionals. We are not, and I can't see IT professionals in a picket line. I can see them being smart enough to take a long view with issues and have an union defend their interests. Individually we have no power and the types of laws we are being subjected to suggest we are not taken seriously as other professionals who have organizations that look after their political interests.

      I feel it's a little naive to think we are all so special and great that we don't need anyone arguing for us within the upper echelons of power. Taking the worst fears of what a union is and suggesting that is an argument for not having them is why we are in the situation we are now. We should be looking to the behaviors we want in a union and charter it so that's how it behaves. We either shape our future or have it shaped for us.

      --
      My ism, it's full of beliefs.
    4. Re:Time for unions! by Anonymous Coward · · Score: 2, Insightful

      Unions are not a solution to this. What are you going to do? Strike? You already lost the jobs.

      Or maybe not. Unions are corporations and have the kind of assets that corporations can bring to bear - including hiring a lot of expensive legal help that would be unaffordable to individual employees trying to challenge the company one-against-many.

  2. Re:can't the state do something about this? by PPH · · Score: 5, Insightful

    Can't the state introduce some regulations

    I'm pretty sure that the company (or any company faced with the same) will just cry "Muh interstate commerce!" and try to slide out from under any state regulations. Hence the feds.

    --
    Have gnu, will travel.
  3. It's pretty obvious what happened to them by MikeRT · · Score: 4, Insightful

    The company forced them to train their replacements, who are non-citizens brought in to the do the same job cheaper because the utility is run by people who apparently feel it's fine to sell out their own countrymen to make a buck.

    I don't know what's so mysterious about this. It is what it is. The only question is what are you going to do about it?

    I have a really simple solution. Abolish corporate taxes in their current form and replace them with a head count tax. Every US citizen is, say, $1000/year. Every legal immigrant is $2500. Every foreign national abroad, including contract workers on outsourced work, gets a fee of $5,000. If at any time, more than 25% of your work is either performed by subsidiaries or outsourcing firms based overseas that has a sales or some other nexus into the US, you pay FICA on your global workforce including contracted employees.

    So carrot and stick. A big, incredibly sweet looking carrot and a stick that has nails driven into it because we want to make the choice obvious.

  4. Re:can't the state do something about this? by Feyshtey · · Score: 4, Insightful

    It's still relevant at a federal level. H1-B visa's are likely the reason the foreign workers could take the domestic jobs. So federal law and/or policy is at the root of the situation.

    --
    "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
  5. Re:Rajiv.. by __aaclcg7560 · · Score: 5, Insightful

    Nervous? Not really, just updated my resume'

    Finding a new job while you're employed is much easier than finding a new job while unemployed.

  6. Re:Congressional Testimony by L.+J.+Beauregard · · Score: 5, Insightful

    Won't happen. Congressional hearings are for witch hunts against "Democrat Party" officials, not violations of labor law.

    --
    Ooh, moderator points! Five more idjits go to Minus One Hell!
    Delendae sunt RIAA, MPAA et Windoze
  7. Re:Rajiv.. by roc97007 · · Score: 4, Insightful

    > If this is a real story, and your management team actually said that, they're either really, really stupid, or they really think that you can't get a new job on short notice.

    I can verify that this happens. Awhile back my manager was replaced by an H1B manager, (true story!) in what might be described as a hostile takeover, and then new manager started replacing locals with H1B contractors, but more open about it -- stated in team meeting that he would concentrate on H1B contractors for all new hires for budgetary reasons -- only pulled from his country of origin, coincidentally. Shortly afterwards, we were all required to document our jobs in minute detail and start providing daily (!) status reports. I started interviewing immediately, but didn't get out in time, got laid off, but since I had started the process ahead of time, was only out of work for a couple weeks. I'd strongly suggest that OP do the same.

    Someone else suggested giving incorrect information in the training -- I wouldn't go that far, hm, incomplete might be ok. But my experience, from an outsourcing that I happened to have survived (in a different role), is that, even if you make every good-faith effort to transfer complete knowledge on how to do the job, they'll find a way to screw themselves over. Because to a certain extent, you really do get what you pay for.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  8. Re:Congressional Testimony by Anonymous Coward · · Score: 0, Insightful

    Oh wow. The poor liberal victim mentality strikes again...

  9. Re:Rajiv.. by 93+Escort+Wagon · · Score: 4, Insightful

    In addition to what others have said, I would start keeping a detailed log. Be sure to note the day you were introduced to Rajiv and who specifically said "teach him everything you know".

    It'll come in handy should you choose to file a grievance or sue, down the road.

    --
    #DeleteChrome
  10. Re:Congressional Testimony by sconeu · · Score: 3, Insightful

    Where is the investigation into Colin Powell and Condoleeza Rice's email servers?

    Not to mention that at least 3 people on the Benghazi committee flat out stated the purpose was to sabotage Clinton's campain [DISCLAIMER: I am extremely unlikely to vote for Clinton]

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  11. Re:How is gag order enforceable in the first place by l0n3s0m3phr34k · · Score: 3, Insightful

    Negative publicity doesn't really affect a power company. What is anyone going to do, boycott them and live in the dark?

  12. Re:Your simple solution doesn't work by NormalVisual · · Score: 4, Insightful

    Eliminate the H1-B program. For the few real geniuses we want have a lengthy peer review process to prevent the diploma mill graduate loophole. Raise taxes on import goods made with slave labor. Redistribute the wealth in the form of socialized medicine, free education, infrastructure programs and basic income. Lather, rinse repeat. These things work. That's why the 1% is frightened of them; and it's why they want you to be frightened too.

    All potentially good ideas, but first we have to find a way to get the 99% to get out of the "temporarily embarrassed millionaire" mindset and get them to see how they're often being used to the benefit of the 1%.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  13. Re:can't the state do something about this? by publiclurker · · Score: 1, Insightful

    you wouldn't mind naming some of those agents, would you? And no Breitbart is not a legitimate source among grownups.

  14. Re:can't the state do something about this? by dbIII · · Score: 1, Insightful

    What do you expect in a place where selling weapons to Iran and Hezbolla is "patriotism" and beating a Russian at chess is "treason"? The aristocrats can do no wrong.