纽约大学上海校区面临劳工权益问题

New York University, in the midst of a review of how laborers were treated during the construction of its Abu Dhabi campus, has acknowledged that procedures intended to protect workers at its other major foreign outpost, in Shanghai, were not followed.

纽约大学(New York University)正在就该校阿布扎比(Abu Dhabi)校区建设过程中工人的待遇问题而开展调查。现在该校承认，针对该校在上海的另一个海外校区，旨在保护工人的相关规程没有得到遵守。

According to a university spokesman, N.Y.U. hired a company to perform an array of services while the new campus was being built, including monitoring working conditions and publishing its findings in annual reports. But the company “did not perform as expansive a compliance review as N.Y.U. desired, nor did they produce the detailed report that N.Y.U. requested,” the spokesman, John Beckman, said in an email.

该大学的一位发言人透露，在新校园建设期间，纽约大学聘请一家公司开展了一系列服务，包括监督工作条件，并在年度报告中发表其调查结果。不过，纽约大学发言人约翰·拜克曼(John Beckman)在电子邮件中说，该公司“并没有像纽约大学希望的那样，开展广泛的合规审核，也没有出具纽约大学要求的详尽的报告。”

Several years ago, in response to criticism that it was building campuses in authoritarian countries without strong labor protections, the university created “statements of labor values” that pledged fair wages, reasonable hours and the right to resolve labor disputes, and forbade forced labor or employment discrimination.

数年前，为了回应该校在缺乏有力劳工保障的威权主义国家建设校园的批评，该校作出了“劳工价值声明”，承诺要给予公平的工资、合理的工时，以及解决劳动纠纷的权利，此外还禁止强迫劳动或就业歧视。

During the construction of the Abu Dhabi campus, the engineering firm Mott MacDonald was hired to oversee compliance and to issue annual public reports about its findings. Those reports offered consistent praise for the way laborers on the vast new campus were being treated. But an investigation by The New York Times later found that many of the workers, who were largely South Asian migrants under contract to local companies, had been charged high fees to obtain their jobs, were forced to work overtime and were not being paid what they had been promised. Some were warehoused in squalid and cramped apartments, and some were beaten or arrested for going on strike.

在阿布扎比校区建设期间，该校聘请了工程顾问公司莫特麦克唐纳(Mott MacDonald)开展合规监督，并就其监督结果发布公开报告。这些报告对于规模宏大的新校园建设期间，劳工得到的待遇给予了普遍的赞誉。然而《纽约时报》之后开展的调查显示，参与建设的劳工主要是与当地企业签约的南亚移民，他们在获取工作之前都被收取了很高的费用，被迫加班，拿到的报酬也没有承诺的多。一些人挤在肮脏拥挤的公寓里，还有一些人因为罢工而遭到殴打或逮捕。

John Sexton, the president of N.Y.U., called such conditions “if true as reported, troubling and unacceptable.” The university, along with the Abu Dhabi government, which financed the campus and oversaw its construction, announced an inquiry, which is continuing.

纽约大学校长约翰·塞克斯顿(John Sexton)表示，“如果报道属实”，这种情况“令人不安，是不能接受的”。纽约大学与阿布扎比政府宣布开展调查，目前仍在进行当中。校园是阿布扎比政府出资并负责建设的。

N.Y.U. Shanghai, a joint venture with East China Normal University, is the university’s second major outpost. The real estate consulting firm Jones Lang LaSalle was hired in March 2012 to perform a variety of functions on the building site.

上海纽约大学(NYU Shanghai)作为纽约大学在海外的第二座大型校区，是与华东师范大学共同开办的。2012年3月，校方聘请了房地产咨询公司仲量联行(Jones Lang LaSalle)在建设现场开展一系列工作。

“After some miscommunications — for which we share responsibility — and delays — during which we nevertheless thought a report would ultimately be completed — it became clear that a report with the level of detail we wanted was not going to be forthcoming,” Mr. Beckman said in an email last week.

拜克曼上周在一封电子邮件中表示，“发生过一些沟通不畅（我们在其中也负有一定责任），以及延误（那段时间我们仍然以为最终会完成一份报告）之后，显然不会产生一份具有我们期望的那种详尽程度的报告了。”

Anthony Couse, a managing director for Jones Lang LaSalle in East China, said there was no miscommunication. “Compliance review with the Statement of Labor Values was not part of our original scope,” he said. “During the summer of 2013 we were contacted by N.Y.U. about labor compliance monitoring; we carried out that monitoring, as agreed.”

仲量联行华东区董事总经理顾东尼(Anthony Couse)表示，并不存在沟通不畅。“就劳工价值声明开展合规核查，并不属于我们最初的职责范围，”他说。“2013年夏，纽约大学联系我们核查劳动规章的遵守情况。我们依照双方的约定开展了核查。”

He added, “The project is regarded as a success on several levels by both N.Y.U. and J.L.L.”

他还说，“纽约大学和仲量联行都认为，这个项目在很多方面都取得了成功。”

This summer the university hired the law firm Paul Hastings L.L.P. to perform a retroactive audit of working conditions at the Shanghai campus. The results, which will be made public, are expected by the end of the year.

今年夏天，纽约大学聘请普衡律师事务所(Paul Hastings L.L.P.)对上海校区的工作条件开展事后审核。预计审核将于年底完成，结果会对外公开。

Mr. Beckman added that “the conditions on the site for workers were in overall compliance with the Statement of Labor Values of N.Y.U. Shanghai.”

拜克曼说，“工人在建设现场的工作条件大体上符合纽约大学上海校区的劳工价值声明。”

Faculty members in New York who have been scrutinizing the overseas construction projects said that information about the Shanghai campus had been all but impossible to get. An email thread between members of the local chapter of the American Association of University Professors and the university administration, in which the professors repeatedly asked which firm had been hired to monitor compliance and what standards it would employ, dated to 2011.

身在纽约负责监督海外建设项目的教师表示，几乎无法取得关于上海校区的信息。美国大学教授协会(American Association of University Professors)当地分会的成员，与大学的行政部门之间的一些电子邮件讨论可以追溯到2011年，其中教授们曾反复询问聘请了哪家公司做合规监督，采用的是怎样的标准。

Three years later, Jeffrey S. Lehman, the vice chancellor of N.Y.U. Shanghai, wrote to members of a faculty advisory committee to say that “notwithstanding what we understood last summer,” Jones Lang LaSalle “was not able to produce a thorough review of compliance with the worker rights that are set forth in our statement of labor values,” and that Paul Hastings had been hired “to do the kind of thorough review that J.L.L. could not.”

三年后，纽大上海校区常务副校长杰弗瑞·S·雷蒙(Jeffrey S. Lehman)给一个教师顾问委员会的成员发邮件表示，“与我们去年夏天的理解不同”，仲量联行“未能出具一份全面的文件，陈述我校劳工价值声明中列举的工人权益是否得到了遵守。”校方聘请了普衡律师事务所“开展仲量联行没能开展的全面审核”。

Mr. Lehman added, “Paul Hastings is writing up their report and (not surprisingly) they say they have seen no red flags, no evidence of material noncompliance, etc., etc.”

雷蒙还说，“普衡正在撰写报告，而且（并不出人意料的是）他们称审核过程中没有出现问题，也没有重大违规的证据，等等。”

Anna McCarthy, a professor of cinema studies who was a part of that three-year exchange, expressed frustration that an effective system of oversight was not in place while the campus was being built. “I’m not satisfied,” she said. “I really do think there needs to be a lot more transparency.”

电影研究教授安娜·麦卡锡(Anna McCarthy)参与了长达三年的电子邮件交流。她表示，在校园建设过程中，没有建立有效的监管系统，这让她很失望。“我并不满意，”她说。“我真的认为透明度应该高得多才行。”

The Shanghai campus, in that city’s Pudong neighborhood, and the Abu Dhabi campus, on Saadiyat Island, are part of what N.Y.U. calls the Global Network University, a constellation of degree-granting campuses and smaller study-abroad sites through which students and faculty members are encouraged to cycle. The concept has won admiration from many other colleges and universities, which have scrambled to establish overseas footholds of their own. It has also attracted criticism from students and faculty members, who say that development of this kind jeopardizes academic freedom and workers’ rights.

上海校区位于浦东新区，阿布扎比校区位于萨迪亚特岛，这两个校区都是纽约大学所说的全球教育体系(Global Network University)的组成部分。这一体系中包括一系列可以颁发学位的校区，以及规模较小的海外学习场所，校方鼓励学生和教师在整个体系中轮换。这种设想在其他许多学院和大学中赢得了赞誉，它们也都在匆忙建立自己的海外分校。不过这种设想也受到了师生的批评，他们表示这种开发项目妨碍了学术自由和工人的权利。

The inquiry into conditions in Abu Dhabi, conducted by Nardello & Company, an investigative firm led by a former federal prosecutor, was to be completed this year. It is now expected in early 2015.

针对阿布扎比校区工作状况的调查是由Nardello & Company开展的，这家调查公司的负责人是一位前联邦检察官。调查预计将于今年结束，结果将在2015年初发布。