May 1, 2005

Sacramento Bee and DOL,

I twice contacted DST Output, asking for clarification of a requirement for their job ads (2 years JHTML), and for a salary range - given that they have applied for LCAs for $45,000 annual salaries. In both cases I received no response.

In February 2005 the Programmers Guild reported that DST had apparently run fake job ads:

http://www.programmersguild.org/rir/sacbeeletter_13feb2005.html

Absent a response, the Guild presumes that DST is again defrauding U.S. workers with their display ad in the May 1, 2005 Sacramento Bee. In effect DST is rejecting several potential qualified U.S. applicants by their nonresponse.

I will cc the DST Output contacts to give them an opportunity to respond to my questions about the openings, and refute the allegations that these ads are, at least in part, being run for positions that are already filled and for which DST will use these ads as a basis to apply for greencards - alleging that no qualified Americans could possibly fill the jobs.

Archive of these emails is here: www.programmersguild.org/RIR/

Sincerely,

Mr. Kim Berry
President, The Programmers Guild
kim@programmersguild.org
916 213-0492  

From: Kim Berry
Sent: Wednesday, May 04, 2005 7:41 AM
To: 'hr@dstoutput.com'
Cc: 'media@dstoutput.com'; 'dsaavedra@dstoutput.com'; 'pat_schriber@dstoutput.com'; 'msutherland@dstoutput.com'
Subject: RE: Questions about software development openings as DST

DST,

The guild is in contact with people who meet all qualifications except for “2 years of JHTML.”  And providing a pay range does not seem unreasonable.

Can you please respond to my inquiry?

Sincerely,
Mr. Kim Berry
President, Programmers Guild
kim@programmersguild.org
916 213-0492

From: Kim Berry
Sent: Monday, May 02, 2005 6:15 AM
To: 'hr@dstoutput.com'
Subject: Questions about software development openings as DST

 HR, DST Output,

http://www.dstoutput.com/about_us/contact_us.html

I noticed your display ad for the following positions in the Sunday May 1, 2005 Sacramento Bee. As President of the Programmers Guild I would like to refer members to these positions. However, can you please clarify a few issues? 

1) JHTML appears to be easy to learn, especially for someone skilled in ASP or JSP. Would you consider competence in either of those in lieu of direct experience in JHTML? (Note that your Bee add cites Perl rather than JHTML – the online ads make no mention of Perl. So which skill is required?)

http://webmonkey.wired.com/webmonkey/01/27/index4a.html?tw=programming

2) Can you assure me that these are bona-fide openings - as opposed to an ad that includes positions for the purpose of securing green cards – such as ads run under RIR Recruitment? Are these positions currently filled by H-1B workers? Can you provide me the contact for the hiring manager?

3) Can you give me the salary range for these positions? I'm concerned because DST Output secured LCAs for H-1Bs in 2003 for 5 "Programmer Analyst II" for a salary of $45,923.00. Presumably these foreign programmers had a BS degree as well as specialized experience – making your pay scale seem to be under market for experienced computer science graduates in this area.

I look forward to assisting you in finding qualified applications.

Sincerely,

Mr. Kim Berry

President, Programmers Guild

916 213-0492

kim@programmersguild.org

+++++++++++++++++++++++++++++++++++++++++++++++

http://www.dstoutput.com/careers/current_openings/west/job_west_pas_4612.html  

Software Developer

Professional Services Software Development team providing eBill Presentation and Payment services to multiple clients.

A minimum of 2 years related programming experience – Java, jhtml, and SQL; must be knowledgeable in web application design; experience handling large volumes of data highly desirable; experience supporting a web application with high traffic requirements is a plus; and a Bachelor’s degree in Computer Science, MIS, related degree, or the equivalent experience.

Please reference job code PAS-4612 on line 7 of the application.

http://www.dstoutput.com/careers/current_openings/west/job_west_pas_4574.html  

Software Developer

Professional Services team supporting large volume eBilling clients in a dynamic environment.

Requirements include: A minimum of 3 years related programming experience – Java, jhtml, SQL, and scripting; must be knowledgeable in web application design; experience handling large volumes of data highly desirable; experience supporting a web application with high traffic requirements and experience in payment processing is a plus; and a Bachelor’s degree in Computer Science, MIS, related degree, or the equivalent experience.

Please reference job code PAS-4574 on line 7 of the application.

http://www.h1b.info/lca_job_details.php?oid=a640832&page=1&sort=&name=DST+OUTPUT+OF+CALIFORNIA+INC&company=dst&city=&state=CA&year=ALL

 

H-1B LCA record for Programmer Analyst II at DST Output of California, Inc.

Field

Value

case_no

I-03016-0377389

received_date

 

address

5220 Robert J. Mathews Parkway

address2

M/S 3195

name

DST Output of California, Inc.

city

El Dorado Hills

state

CA

postal_code

95762

phone

800-939-9025

phone_ext

5625

ein

68-0336693

fax

 

nbr_immigrants

5

begin_date

02/01/2003

end_date

01/31/2006

job_title

Programmer Analyst II

dol_decision_date

01/16/2003

certified_begin_date

02/01/2003

certified_end_date

01/31/2006

job_code

30

condition

Y

subsection1

A

subsection2

 

public_disclosure

1

designated_first_name

Julie

designated_middle_initial

 

designated_last_name

Worley

designated_title

Human Resources Representative

contact_first_name

Teresa

contact_middle_initial

A

contact_last_name

Bright

contact_phone

415-421-0860

contact_phone_ext

 

contact_email

tanya.wodinsky@simmonsungar.com

approval_status

Certified

legacy_flag

N

legacy_pagelink

 

mail_fax_flag

N

mail_fax_pagelink

 

wage_rate_1

$45,923.00

rate_per_1

Y

max_rate_1

$70,486.00

part_time_1

N

city_1

El Dorado Hills

state_1

CA

prevailing_wage_1

$48,339.00

wage_source_1

Other

yr_source_pub_1

2003

other_wage_source_1

Online Wage Library

wage_rate_2

$45,923.00

rate_per_2

Y

max_rate_2

$70,486.00

part_time_2

N

city_2

Rancho Cordova

state_2

CA

prevailing_wage_2

$48,339.00

wage_source_2

Other

yr_source_pub_2

2003

other_wage_source_2

Online Wage Library" "I-03016-0377391