OF RECORD
The Code of Conduct
for Penn Apparel Licensees appears below.
This policy was published
first, as a matter of record, on March
28, 2000.
A Code of Workplace
Conduct for Penn Apparel Licensees
I. Introduction
With a view to stimulating
economic growth and development, raising living standards, meeting
staffing requirements and overcoming unemployment and underemployment,
the University of Pennsylvania has adopted this Code of Workplace
Conduct (the Code) to promote full, productive and freely-chosen
employment.
The University of
Pennsylvania expects its licensees to conduct their business in
a manner consistent with this Code, and to follow workplace standards
that adhere to this Code. The Code is subject to amendment to reflect
any subsequently developed standards by the University.
II. Notice
This Code shall apply
to all trademark apparel licensees of the University of Pennsylvania.
Throughout this code the term "licensee" shall include
all persons or entities that have entered a written licensing agreement
with the University to manufacture apparel products bearing the
name, trademarks and/or images of the University. Additionally,
this Code shall apply to all of the licensee's contractors. Throughout
this Code the term "contractor" shall include each contractor,
subcontractor, vendor, or manufacturer that is engaged in a manufacturing
process that results in a finished product for the consumer. "Manufacturing
process" shall include assembly and packaging.
As a condition of
being permitted to produce and/or sell licensed products bearing
the name, trademarks and/or images of the University, each licensee
must comply with this Code and ensure that its contractors comply
with this Code. All licensees and contractors are required to adhere
to this Code, however, no licensee or contractor may represent that
they have been certified as being in compliance with this Code.
III. Standards
University licensees
and their contractors must operate workplaces that adhere to the
following minimum standards and practices:
A. Legal
Compliance
University licensees
and their contractors must comply, at a minimum, with all applicable
legal requirements of the country in which products are manufactured.
Where this Code and the applicable laws of the country of manufacture
conflict or differ, the higher standard shall prevail. Such compliance
shall include compliance with all applicable environmental laws.
B. Ethical
Principles
Licensees shall commit
to conducting their business according to a set of ethical standards
that include, but are not limited to, honesty, integrity, trustworthiness,
and respect for the unique intrinsic value of each human being.
C. Environmental
Compliance
Licensees and their
subcontractors will be committed to the protection of the local
environment, including their factories and their surroundings. They
will protect residential areas around their factories, disposing
of garbage and waste in such a way so as not to endanger the safety
and health of nearby areas.
D. Employment
Standards
1. Wages
and Benefits
Licensees
and their contractors must provide wages and benefits which comply
with all applicable laws and regulations and which match or exceed
the local prevailing wages and benefits in the relevant industry,
whichever provides greater wages and benefits. The University is
strongly committed to the employees of licensees receiving a "living
wage" and charges the Committee on Manufacturer Responsibility
(see Section VII below) to develop a quantitative
"living wage" formula based on the findings of the University
of Wisconsin--University of Notre Dame "living wage" project
and any other information the Committee deems relevant.
2. Hours of
Work
a. Except
in extraordinary circumstances, or as required by business necessity,
employees shall not be required to work (regardless of location)
more than the lesser of:
i. forty
eight (48) hours per week and twelve (12) hours of overtime; or,
ii. the limits
on the regular and overtime hours allowed by the law of the country
b. Employees shall
be entitled to at least one day off in every seven (7) day period.
3. Homework
The employer
must ensure that work not done at the place of manufacture should
be shall be performed in a manner safe for the employee and any
persons who may be in the surrounding vicinity. There are other
issues related to homework such as hours of work, wages and benefits
that require further study.
4. Overtime
Compensation
In addition to their
compensation for regular hours of work, employees shall be compensated
for overtime hours at such a premium rate as is legally required
in that country, but not less than at a rate equal to their regular
hourly compensation rate.
5. Child Labor
Licensees and their
subcontractors shall not employ any person younger than 15 (or 14
where the law of the country of manufacture allows) or younger than
the age for completing compulsory education in the country of manufacture
where such age is higher than 15. Young workers will not be forced
to work overtime hours that would prevent them from attending school.
Licensees agree to work with governmental, human rights and non-governmental
organizations as determined by the University and licensee to minimize
the negative impact on any child released from employment as a result
of enforcement of this code.
6. Forced Labor
Licensees and their
subcontractors shall not use any forced labor, whether in the form
of prison labor, indentured labor, bonded labor or otherwise.
7. Harassment
or Abuse
Licensees and their
subcontractors shall treat every employee with respect and dignity.
Licensees and their subcontractors will not subject any employee
to any physical, sexual, psychological or verbal harassment or abuse.
8. Nondiscrimination
Licensees and their
subcontractors will not subject any person to any discrimination
in employment, including hiring, salary, benefits, advancement,
discipline, termination or retirement, on the basis of gender, race,
religion, age, disability, sexual orientation, pregnancy, marital
status, nationality, political opinion or political affiliation,
union involvement, or social or ethnic origin.
Because the overwhelming majority
of apparel workers are women, assuring and safeguarding women's
rights is of particular importance for all parties.
- Women workers will receive equal renumeration
for comparable work, including benefits, equal treatment, equal
evaluation of the quality of their work, and equal opportunity
to fill all positions as male workers.
- Pregnancy tests will not be a condition
of employment, nor will they be demanded of employees. Workers
will not be forced or pressured to use contraception.
- Women who take maternity leave
will not, because of the maternity leave, face dismissal or threat
of dismissal, loss of seniority or reduction of wages. Licensees
must permit women returning from maternity leave to return to
their prior position at their prior wage rate and benefits. Local
laws and regulations, or the prevailing practice in the relevant
industry, whichever is greater, shall determine appropriate length
of maternity leave.
- Licensees and their subcontractors
shall provide, to the extent required by applicable law and regulations,
or the local prevailing practice in the relevant industry, whichever
is greater, services and accommodations to pregnant women, including
but not limited to access to legally required health care provided
by the employer, government or other provider.
9. Health and
Safety
Licensees and their
contractors must provide workers with a safe and healthy work environment
and must, at a minimum, comply with local and national health and
safety laws. If residential facilities are provided to workers,
they must be safe and healthy facilities. Workers will not be exposed
to conditions that may endanger their reproductive health without
their informed consent.
10. Freedom
of Association
Licensees and their
contractors shall recognize freedom of association and collective
bargaining with bargaining representatives of their own choice.
No employee shall be subject to harassment, intimidation or retaliation
as a result of his or her efforts to freely associate or bargain
collectively.
IV. Remediation
If the University
determines that any licensee or contractor has failed to remedy
a violation of this Code, the University will consult with licensee
to examine the issues and determine the appropriate measures to
be taken. The remedy will, at a minimum, include requiring the licensee
to take all steps necessary to correct such violations including,
without limitation, paying all applicable back wages found due to
workers who manufactured the licensed articles, and reinstating
any worker whose employment has been terminated in violation of
this Code of Conduct. If consultation and agreed upon measures fail
to adequately resolve the violations within a specified time period,
the University and the licensee will implement a corrective action
plan on terms acceptable to the University. The University reserves
the right to terminate its relationship with any licensee who continues
to conduct its business in violation of the corrective action plan,
in accordance with the terms set forth in the licensee agreement.
V. Compliance
Prior to the date
of annual renewal of a license agreement, the licensee shall be
required to provide the following to the University, as set forth
in the license agreement.
A. The
Company names, owners and/or officers, and addresses, phone numbers,
e-mail addresses and the nature of the business association of all
the licensees' contractors and manufacturing plants which are involved
in the manufacturing process of items which bear, or will bear,
the name, trademarks and/or images of the University;
B. Licensees
and their contractors are responsible for conducting thorough, effective
and regular inspections of each facility at which University apparel
is produced;
C. Written
assurances that it and its contractors adhere to this Code (except
that in the initial phase-in period, licensee must provide such
written assurances within six months of receipt of this Code); and
D. A
summary of the steps taken, and/or difficulties encountered, during
the preceding year in implementing and enforcing this Code at each
site.
VI. Public Disclosure
A. The
company names, owners, and/or officers, addresses, and nature of
the business association, including the steps performed in the manufacturing
process, of all the licensees' contractors and manufacturing plants
which are involved in the manufacturing process of items which bear,
or will bear, the name, trademarks and or images of the University
shall be made public information.
B. The
Licensee shall be required to supply by July 15 of each year a list
of all factory locations referred to in paragraph A above, and all
locations Licensee anticipates will be used during the term of the
License. Any additions or deletions to this list shall be reported
to the University within two months of the effective date of such
addition or deletion.
VII. Monitoring and
Oversight
The
President will establish a Committee on Manufacturer Responsibility
("the Committee") on the implementation of the University's
Code of Conduct.
A.
Composition and Selection
1. Voting Members
a. Three
members of the University faculty selected by the President in
consultation with the Chair of the Faculty Senate, one of whom
will chair the Committee.
b. Four members
of the student body, including two representatives of the Penn
Students Against Sweatshops (PSAS) or its successor, and one undergraduate
and one graduate student, to be chosen by the UA and the GAPSA.
c. Two representatives
of University staff selected by the Penn Professional Staff Assembly
(PPSA) and A3 Assembly, respectively.
2. Ex
officio Members (non-voting)
a. Representative
of Business Services
b. Representative
of the Office of the President
c. Representative
the Office of the Provost
d. Member of
the Office of the General Counsel
An administrative
staff person and a work-study Intern will staff the Committee. The
Intern will be appointed by the Committee, and paid by the President's
Office. The administrative staff person will be appointed by the
President's Office.
The division of responsibilities
will be as follows:
- Staff person:
The administrative staff person will act as a liaison between
the Committee and the Office of the President to ensure timely
implementation of all decisions of the Committee. The staff person
will also send out notices for committee meetings to ensure maximum
participation, and work closely with the Intern to coordinate
all committee-related administrative tasks.
- Intern: The
Intern will to the best of his/her abilities research the University's
apparel licensees in order to recognize violations of the Code.
This responsibility will include the compilation of a list of
licensees and the maintenance of any relevant records necessary
to enforce the Code, including information received from monitoring
organizations about licensees for consideration by the Committee.
The Intern will also actively work on developing mechanisms with
other campuses who have signed Codes of Conduct to improve the
effectiveness and efficiency of the Codes.
B. Decision-Making
A simple majority
of the Committee must be present for the vote to take place, with
at least one student, one faculty, and one staff member present.
Only members who are present may vote, and decisions will pass by
majority rule.
C. Meeting
Schedule
The Committee will
meet no fewer than two times each semester.
D. Responsibilities
1. Reviewing the
Code of Conduct
The Committee will
review the code annually to evaluate its effectiveness. Amendments
to the code must be submitted to the committee for its approval.
2. Review Effectiveness
of Monitoring
The Committee will
review, at least annually, the effectiveness of the organization(s)
conducting monitoring to ensure compliance with this Code and take
appropriate steps to ensure effective monitoring.
3. Reviewing
the State of Compliance
Licensees will be
reviewed every six months for the first two years of their license
agreement, and on an annual basis in subsequent years.
4. Reviewing
Violations
The Committee will
review any alleged violations of the University's code of conduct
and determine whether they constitute violations. Based on this
judgment, the committee will recommend an appropriate course of
action to the Trademark Licensing Unit. At the same time, should
Trademark Licensing Unit identify any alleged violations, the department
will consult with the Committee on an appropriate course of action.
E.
Public Accountability
1. The Executive
Vice President will publish the University's Code of Conduct annually,
and amendments as necessary in Almanac.
2. The Trademark
Licensing Unit will make available to any interested persons information
regarding licensees' working conditions, monitoring reports, and
other relevant materials.
3. The Committee
will work with other schools and interested organizations to improve
responsible business practices in the manufacture of licensed University
apparel.
F. Seeking
and Rewarding Responsible Business Practices
1. The Committee
will work with the Trademark Licensing Unit to seek out manufacturers
that have instituted proactive measures to insure the responsible
production of goods and give them preference by encouraging the
University to consider doing business with them, taking into consideration
competitive price, quality, and style.
2. Through
the efforts of the committee in seeking out manufacturers with demonstrated
responsible business practices, the University commits itself to
giving preference to those with responsible monitoring policies,
particularly manufacturers that agree to sign disclosure agreements
with the University, taking into account competitive price, quality,
and style. Representatives of departments responsible for purchasing
University apparel will keep in regular contact with the Committee.
VIII. Pledge of
Research and Development
The University commits
itself to annually reviewing the development and research concerning
an independent monitor, a coalition of sweat-free campuses, living
wage standards, and any other areas developed, and deciding in consultation
with the Committee whether these areas are feasible for Penn.
Almanac, Vol. 48, No. 11,
November 6, 2001
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