UW-L Athletics

UW-L Athletic Code of Conduct

On April 24, 2002, Chancellor Hastad approved the recommendation by the UW-L Special Committee on Sweatshops to:
Join the Workers Rights Consortium;
Instate a Code of Workplace Conduct for Trademark Licensees; and
Add a code of conduct to the UW-L Licensing Resource Group Contract
Questions can be referred to Larry Ringgenberg, Director, Student Activities and Center

University of Wisconsin-La Crosse

Code of Workplace Conduct for Trademark Licensees

  1. Introduction
    1. The universities participating in the Worker Rights Consortium are each committed to conducting their business affairs in a socially responsible and ethical manner consistent with their respective educational, research and/or service missions, and to protecting and preserving the global environment.
    2. While the Consortium and the Member Institutions believe that Licensees share this commitment, the Consortium and the Member Institutions have adopted the following Code of Conduct (the “Code”) which requires that all Licensees, at a minimum, adhere to the principles set forth in the Code.
    3. Throughout the Code the term “Licensee” shall include all persons or entities which have entered into a written “License Agreement” with the university manufactured “Licensed Articles” (as that term is defined in the License Agreement) bearing the name, trademarks and/or images of one or more Member Institutions. The term “Licensee” shall for purpose of the Code, and unless otherwise specified in the Code, encompass all of Licensees’ contractors, subcontractors or manufacturers which produce, assemble or package finished Licensed Articles for the consumer.
  2. Notice
    1. The principles set forth in the Code shall apply to all Licensees.
    2. As a condition of being permitted to produce and/or sell Licensed Articles, Licensees must comply with the Code. Licensees are required to adhere to the Code within six (6) months of notification of the Code and as required in all future license agreements.
  3. Preamble

    4. The purpose of the Code is to ensure that apparel and footwear manufactured for UW-La Crosse are made under humane working conditions in compliance with accepted international standards and local laws, and to promote greater respect for workers’ rights and improve working conditions and labour practices in the apparel and footwear industries worldwide.

    The Code applies to all apparel and footwear suppliers and trademark licensees of UW-La Crosse and its/their associations, departments, retail outlets owned by the UW-La Crosse, and other organizations directly responsible to the UW-La Crosse.

    Licensee recognizes its responsibilities to workers for the conditions under which its products or services are made, and that these responsibilities extend to all workers producing products or services for Licensee whether or not they are employees of Licensee.

    Licensee will require all suppliers and subcontractors involved in the manufacture of products for UW-La Crosse to provide the conditions and observe the standards of the Code. Licensee will, prior to placing orders with suppliers, assess whether the standards of this Code will be met.

    Licensee shall take steps outlined in the Code and in further agreements between UW-La Crosse and licensee to ensure that its manufacturing facilities and those of its suppliers and their subcontractors producing for UW-La Crosse comply with national and other laws applicable in each workplace and shall respect this Code and the internationally recognized workers’ rights and labour standards expressed in the following ILO conventions and recommendations: Forced and Bonded Labour (Conventions 29 & 105 and Recommendation 35), Non-Discrimination (Conventions 100 & 111), Minimum Age (Convention 138 & Recommendation 146), Concerning the Prohibition and Immediate Elimination of the Worst Forms of Child Labour (ILO Convention 182 and Recommendation 190), Freedom of Association and the Right to Collective Bargaining and Workers’ Representatives (Conventions 87, 98, 135 & Recommendation 143), Health and Safety (Convention 155 & Recommendation 164), Vocational Rehabilitation and Employment of Disabled Persons (Convention 159), Homework (Convention 177), Maternity Protection (Convention 83); The Universal Declaration of Human Rights, and The United Nations Convention on the Rights of the Child.

    Where national laws, other applicable laws, the Code or any other agreement to which Licensee subscribes address the same general right, benefit, or protection for employees, Licensee shall apply the right, benefit, term or condition of employment which provides the greater right, benefit or protection to employees.

    This Code is not a substitute for union representation, and shall not be used or promoted as an alternative to union recognition, collective bargaining or collective agreement.

  4. Standards
    1. Licensees agree to operate work places and contact with companies whose work places adhere to the standards and practices described below. The University prefers that Licensees exceed these standards.
    2. Legal Compliance: Licensees must comply with all applicable legal requirements of the country(ies) of manufacture in conducting business related to or involving the production or sale of Licensed Articles. Where there are differences or conflicts with the Code and the laws of the country(ies) of manufacture, the higher standard shall prevail, subject to the considerations stated in Section VI.
    3. Employment Standards: Licensees shall comply with the following standards:
      1. Wages and Benefits: Licensees recognize that wages are essential to meeting employees’ basic needs. Licensees shall pay employees, as a floor, wages and benefits which comply with applicable laws and regulations, and which provide for essential needs and establish a dignified living wage for workers and their families. A living wage is a “take home” or “net” wage, earned during a country’s legal maximum workweek, but not more than 48 hours. A living wage provides for the basic needs (housing, energy, nutrition, clothing, health care, education, potable water, childcare, transportation and savings) of an average family unit of employees in the garment manufacturing sector of the country divided by the average number of adult wage earners in the family unit of employees in the garment manufacturing employment sector of the country.
      2. Working Hours: Hourly and/or quota-based wage employees shall (i) not be required to work more than the lesser of (a) 48 hours per week or (b) the limits on regular hours allowed by the country of manufacture, and (ii) be entitled to at least one day off every seven period, as well as holidays and vacations.
      3. Overtime Compensation: All overtime hours must be worked voluntarily by employees. In addition to their compensation for regular hours of work, hourly and/or quota-based wage employees shall be compensated for overtime hours at such a premium rate as is legally required in the country of manufacture or, in those countries where such laws do not exist, at a rate at least one-half their regular hourly compensation rate.
      4. Child Labor: Licensees shall not employ any person 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 consult with governmental, human rights and nongovernmental organizations, and to take reasonable steps as evaluated by the University to minimize the negative impact on children released from employment as a result of implementation or enforcement of the Code.
      5. Forced Labor: There shall not be any use of forced prison labor, indentured labor, bonded labor or other forced labor.
      6. Health and Safety: Licensees shall provide a safe and healthy working environment to prevent accidents and injury to health arising out of, linked with, or occurring in the course of work or as a result of the operation of Licensee facilities. In addition, Licensees must comply with the following provisions:
        1. The Licensee shall ensure that direct operations and any subcontractors comply with all workplace safety and health regulations established by the national government where the production facility is located, or with Title 29 CFR of the Federal Code of Regulations, enforced by Federal OSHA (Occupational Safety and Health Administration), whichever regulation is more health protective for a given hazard.
        2. The Licensee shall ensure that its direct operations and subcontractors comply with all health and safety conventions of the International Labor Organization (ILO) ratified and adopted by the country in which the production facility is located.
      7. Nondiscrimination: No person shall be subject 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, nationality, political opinion, or social or ethnic origin.
      8. Harassment or Abuse: Every employee shall be treated with dignity and respect. No employee shall be subject to any physical, sexual, psychological or verbal harassment or abuse. Licensees with not use or tolerate any form of corporal punishment.
      9. Freedom of Association and Collective Bargaining: Licensees shall recognize and respect the right of employees to freedom of association and collective bargaining. No employee shall be subject to harassment, intimidation or retaliation in their efforts to freely associate or bargain collectively. Licensees shall not cooperate with governmental agencies and other organizations that use the power of the State to prevent workers from organizing a union of their choice. Licensees shall allow union organizers free access to employees. Licensees shall recognize the union of the employees’ choice.
      10. Women’s Rights
        1. Women worker will receive equal remuneration, including benefits, equal work conditions, equal evaluation of the quality of their work, and equal opportunity to fill all positions as male workers.
        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. Workers will not be forced or pressured to use contraception.
        5. Workers will not be exposed to hazards, including glues and solvents, that may endanger their safety, including their reproductive health.
        6. Licensees shall provide appropriate services and accommodation to women workers in connection with pregnancy.
      11. Environment 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 to endanger the safety and health of nearby areas. Licensees will comply with all local, national, international and trade associated environmental laws and regulations.
  5. Compliance and Disclosure: Licensees (for themselves and on behalf of their contractors, subcontractors or manufacturers) shall disclose to the Worker Rights Consortium, the University, and the public the information set forth in Sections A, B and C below.
    1. Upon execution and renewal of the License Agreement and upon the selection of any new manufacturing facility which produces Licensed Articles, the company names, contacts, addresses, phone numbers, e-mail addresses and nature of the business association for all such facilities which produce Licensed Articles.
    2. At least sixty (60) days prior to the end of each contract year of the License Agreement, written assurance that (i) Licensees are in compliance with the Code and/or (ii) licensees are taking reasonable steps to remedy non-compliance in facilities found not to be in compliance with the code;
    3. At least sixty (60) days prior to the end of each contract year of the License Agreement, a summary of those steps taken to remedy material violations, and/or difficulties encountered, during the preceding year I implementing and enforcing the Code at all of Licensees’ facilities which produce Licensed Articles.
  6. Verification: It shall be the responsibility of Licensees (for themselves and on behalf of their contractors, subcontractors or manufacturers) to ensure their compliance with the Code. The WRC and its Member Institutions will undertake efforts to determine and clearly define the obligations associated with the development of adequate methods and training for independent external monitoring, as guided by the principles in the founding document of the Consortium.
  7. Labor Standards Environment: In the countries where law or practice conflicts with these labor standards, Licensees agree to consult with governmental, human rights, labor and business organizations and to take effective actions as evaluated by the university to achieve full compliance with each of these standards. Licensees further agree to refrain from any actions that would diminish the protections of these labor standards. In addition to all other rights under the Licensing Agreement, the University reserves the right to refuse renewal of Licensing Agreements for goods made in countries where:
    1. Progress toward implementation of the employment standards in the Code is no longer being made; and
    2. Compliance with the employment standards in the Code is deemed impossible. The University shall make such determination based on examination of reports complied and disseminated by the WRC Agency from governmental, human rights, labor and business organizations and after consultation with the relevant Licensees.
  8. Awareness Raising and Training
    1. All relevant Licensee personnel are provided appropriate training and guidelines that will enable them to apply the Code in their work.
    2. Suppliers and subcontractors involved in the maufacture of products for UW-La Crosse are made aware of the Code, and Licensee commitment to sourcing from suppliers and subcontractors who observe the standards in the Code.
    3. Workers whose work is covered by the Code shall be made aware of the Code and implementation principles or procedures orally and through the posting of standards in a prominent place in the local languages(s) spoken by employees and managers. Whenever possible, Licensee, in cooperation with UW-La Crosse and relevant local labour, human rights and non-governmental organizations, shall facilitate training of workers covered by the Code on their rights under the Code and local law.
    4. With respect to Code provision #2: Licensee shall establish, document, maintain and effectively communicate to personnel, the UW-La Crosse and interested third parties policies and procedures for remediation of child labourers found to be working, or who can be shown to have been working regularly at work, within 6 months of the commencement of the employers relationship, with Licensee
    5. With respect to Code provision #2: Licensee shall establish, document, maintain, and effectively communicate to personnel, the UW-La Crosse and interested third parties policies and procedures for promotion of education for children covered by ILO Recommendation 146 and young workers who are subject to local compulsory education laws or are attending school, including means to ensure that no such child or young worker is employed during school hours and that combined hours of daily transportation (to and from work and school), school, and work does not exceed 10 hours a day.
    6. With respect to Code #8: Workers shall receive regular and recorded health and safety training, and such training shall be repeated for new or reassigned workers.
  9. Remediation: Remedies herein apply to violations which occur after the Effective Date of the Code.
    1. If a Licensee has failed to self-correct a violation of the Code the University will consult with the Licensee (for itself and on behalf of its contractors, subcontractors or manufacturers) to determine the appropriate corrective action.
    2. The remedy will, at a minimum, include requiring the licensee to take all steps necessary to correct such violations including, without limitations:
      1. paying all applicable back wages found due to workers who manufactured the licensed articles
      2. reinstatement of any worker found to have been unlawfully dismissed
    3. If agreement on corrective action is not reached, and/or the action does not result in correction of the violation with in specified reasonable time period, the University reserves the right to
      1. require that the Licensee terminate its relationship with any contractor, subcontractor or manufacturer that continues to conduct its business in violation of the Code and/or
      2. terminate its relationship with any Licensee that continues to conduct its business in violation of the Code.
    4. In either event, the University will provide the Licensee with thirty (30) days written notice of termination. In order to ensure that reasonable and consistent application of this provision, the University will seek advice from the Worker Rights Consortium regarding possible corrective measures and invocation of options 1 and 2 above.
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