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 the 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 has established
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
University's Code of Conduct will be published annually,
and amendments as necessary in Almanac.
2. The
Trademark Licensing Unit will make available to any interested
persons information regarding licenseesŐ 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.