OF
RECORD
The
Code of Conduct for Penn Apparel Licensees
appears below. This policy was published
first, as a matter Of Record, in Almanac
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: Monitoring and Oversight) 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 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 remuneration
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
Weekly Paid Professional Assembly (WPPA), respectively.
2. Ex
officio Members (non-voting)
a. Representative
of Business Services
b. Representative of the Office of
the President
c. Representative of 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. 49, No. 19, January 28, 2003
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