I. Introduction: The University is committed to conducting its business affairs in a socially responsible manner consistent with its health care and educational mission. University expects nothing less of its licensees. Therefore, University licensees will conduct their business in a manner consistent with, and follow work place standards that adhere to, this Code of Conduct (the Code).
II. Notice: The following Code of Conduct shall apply to all licensees of the University. Throughout this Code the term "licensee" shall include all persons or entities who have entered a written Licensing Agreement with The Collegiate Licensing Company (CLC) to manufacture 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 or any component of a finished product. "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. This Code constitutes a requirement for licensees pursuant to Paragraph 24 of the Licensing Agreement. Accordingly, all licensees and contractors are required to adhere to this Code within six (6) months.
III. Remediation: If the University determines that any licensee or contractor has failed to comply with this Code, then CLC or the University will, upon consultation with the licensee, require that the licensee implement a corrective action plan on terms acceptable to CLC and all the applicable member Institutions. The remedy will, at a minimum, include taking all steps necessary to correct such violations including, and without limitation, paying all applicable back wages, or any portion of them, found due to workers who manufactured the licensed articles, and immediately reinstating workers illegally dismissed. CLC and the University reserve the right to terminate its relationship with any licensee that continues to conduct its business in violation of the corrective action plan. In such event, the University will provide the licensee with 60 days written notice.
IV. Standards: the University seeks licensees who take a leadership
role on these issues and, to the extent practical, exceed the standards
in this Code and establish relationships with labor, human rights, religious,
and other local institutions with the aim of the continuous improvement
of these standards. The University licensees must operate work places,
and ensure that their contractors operate work places, that adhere to the
following minimum standards and practices:
B. Environmental Compliance: Licensees will be committed to the protection and preservation of the local and global environment and the world's finite resources, and conduct business accordingly. They will protect residential areas around their factories, disposing of garbage and waste appropriately. Licensees will comply with local and national environmental regulations.
C. Ethical Principles: Licensees will be committed in the conduct of their business to a set of ethical standards which include, but are by no means limited to honesty, integrity, trustworthiness, and respect for the unique intrinsic value of each human being. Licensees recognize that workers rights are a fundamental human right.
D. Employment Standards: the University will only do business with licensees whose workers are present at work voluntarily, not at undue risk of physical harm, fairly compensated and not exploited in any way. In addition, the following specific guidelines must be followed:
2. Recognizing that most apparel production operates under a piece-rate system, and that piece-rates are closely connected with a living wage, licensees, in conjunction with CLC and the University, will insure that the piece rate quotas are adjusted to what can reasonably be accomplished in and eight (8) hour period.
3. Working Hours: Employees shall (i) not be required to work more than the lesser of (a) 40 hours per week and 12 hours overtime or (b) the limits on regular and overtime hours allowed by the law of the country of manufacture and (ii) be entitled to at least two days off in every 7-day period, as well as holidays and vacations. Employees will not work more than 12 hours overtime per week.
4. Overtime Compensation: In addition to their compensation for regular hours of work, employees shall be compensated for overtime hours at the greater of either (a) one and one half times their regular rate of pay for the first 20 hours per week and twice their regular rate for any further overtime, or (b) as is legally required in that country.
5. Child Labor: No person shall be employed at an age younger than 15 (or 14, where, consistent with International Labor Organization practices for developing countries, the law of the country of manufacture allows such exception). Where the age for completing compulsory education is higher than the standard for the minimum age of employment stated above, the higher age for completing compulsory education shall apply to this section. Licensees agree to work with governmental, human rights, women's 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 the enforcement of this Code. Young workers are encouraged to attend night school, and under no circumstances will they be forced to work overtime hours that would prevent them from attending these classes. Priority for employment shall be given to relatives of a child released from employment as a direct or indirect result of this Code.
6. Forced Labor: There shall not be any use of forced labor, whether in the form of prison labor, indentured labor, bonded labor or otherwise.
7. Health and Safety: Licensees must provide workers with a safe and healthy work environment. If residential facilities are provided to workers, they must be safe and healthy facilities. Clean drinking water will be made available in factories and residential facilities, and workers will have unrestricted use of bathrooms. Workers will have adequate rest periods. Workers will be permitted to To insure that employees have clean air to breath, lint extractors and adequate ventilation in all factories will remove airborne dust, line, and toxic fumes. Workers may leave work to receive medical care, and will at no time be locked into factories, compounds, residential facilities, or company property. Recognizing that many of their employees have families, child care facilities will be provided at the factories. Licensees will work to reduce noise levels in the workplace. Licensees will comply with local and national health and safety laws.
8. Nondiscrimination: Licensees shall employ individuals solely on the basis of their ability to perform the job. Licensee shall not discriminate on the basis of age, sex, pregnancy, marital status, race, nationality, country of origin, sexual orientation or religion. Workers shall not be terminated without written explanation.
9. Women's Rights: Because the overwhelming majority of apparel workers
are women, assuring and safeguarding women's rights is of particular importance
for all parties. In addition to not discriminating on the basis of sex,
pregnancy, marital status, or sexual orientation (as detailed above in
section IV. D. 8), the following specific guidelines must be followed:
2. Pregnancy tests will not be a condition of employment, nor will they be demanded of employees.
3. Workers who take maternity leave will not face dismissal nor threat of dismissal, loss of seniority or deduction of wages, and will be able to return to their former employment at the same rate of pay and benefits.
4. Licensee shall provide appropriate services and accommodations to women workers in connection with pregnancy.
5. Workers will not be exposed to hazards, including glues and solvents,
that may endanger their safety, including their reproductive health.
6. Worker's will not be forced or pressured to use contraception.
11. Freedom of Association: One of the most significant internationally recognized worker rights is freedom of association, or the right to organize and form independent unions. Licensees shall recognize and respect the right of employees to freedom of association and collective bargaining. Workers have the right to form unions of their choice and bargain collectively for a contract, free of all reprisals and discrimination. Licensees, CLC and the University insure that this is carried out not just in word, but in implemented in practice, in accordance with the spirit of this code.
12. Labor Standards Environment: In countries where law or practice
conflicts with these labor standards, licensees agree to work with governmental,
human rights, labor and business organizations to achieve full compliance
with these standards. Licensees further agree to refrain from any actions
that would diminish the protection of these labor standards. In addition
to all other rights under the Code, the University will not renew licensing
agreements for goods made in countries where (a) progress toward implementation
of the employment standards in the Code is no longer being made, (b) compliance
with the employment standards in the Code is deemed impossible, or (c)
a broad range of the local or international human rights community has
called for a boycott of a nation due to its human rights abuses.
2. written assurances that it and its contractors adhere to this Code; and
3. a summary of the steps taken, and/or difficulties encountered, during the preceding year in implementing and enforcing this Code at each site.
2. a. Licensees shall create an informed workforce, and communicate
the code to workers in their own language, both orally and by posting the
Code in a prominent place in all factories at all times.
b. Licensee shall provide a reasonable opportunity for employees to
report noncompliance with this Code in a manner that ensures they will
not suffer retaliation for doing so.
3. Licensee shall grant access to their factories and those of their
contractors, and to any records required for determining Code compliance,
to independent external monitors selected by the University.
4. Monitors shall conduct periodic announced and unannounced visits, of a significant sampling (minimum 40 percent) of company factories and facilities of contractors to survey compliance with this Code,
5. Monitors shall certify their findings to licensees, their contractors,
and to the University.
6. The University shall create a database of records and information
required to determine compliance with this Code. The University shall make
all data, records and information available to the public and all members
of the University within thirty (30) days of receipt of such information
from monitors,
7. Monitors will establish relationships with labor, human rights,
religious and other local institutions, and
8. The University will publicize to consumers the content of this Code and the compliance by site with this Code by licensees, and making public the names and locations of factories, normal working hours, working conditions, workers' ages and wages.