Princeton Weekly Bulletin March 22, 1999
Princeton to affiliate with Fair Labor Association
Princeton is one of 17 colleges and universities that announced on March 15 their intention to affiliate with a new nonprofit entity, the Fair Labor Association (FLA).
This organization will monitor company compliance with a work- place code of conduct to assure that products are not being produced by sweatshop labor.
Princeton also confirmed that it will require all companies licensed to manufacture products bearing Princeton's name to disclose publicly the locations of the factories where these products are made. At the next renewal of their licensing contracts (which in most cases will occur at the end of the calendar year), companies wishing to renew will be required to provide the University with such a list, with the understanding that it will be treated as public. The requirement will also be included in the contract of any new licensee, effective immediately.
"We believe that an effective strategy for assuring that products bearing Princeton's name are not produced under sweatshop conditions requires both effective monitoring and public disclosure of the location of factories where these products are made. We also believe that the monitoring will be most effective if it is conducted under the auspices of a broadly representative national organization in which many colleges and universities can participate," said Robert Durkee, vice president for public affairs, who has been representing the University in these discussions.
The original 17 college and university affiliates of the FLA include all eight members of the Ivy League plus institutions ranging from Rutgers University and the University of Arizona to the University of Notre Dame and Smith and Wellesley Colleges.
Code of conduct
As soon as the FLA is operational (probably later this year), the University will require its licensees to abide by the FLA code of conduct, participate in its monitoring and enforcement procedures, and achieve FLA certification.
The FLA code and monitoring principles were created by representatives of the apparel and footwear industries, human rights and labor rights groups, organized labor, religious organizations, universities, and consumer advocates, with the active encouragement of the White House and the U.S. Department of Labor. In recent months these groups have worked with Durkee and other members of a university task force to make it possible for colleges and universities to affiliate with the FLA, participate in its governance and require its licensees to comply with its standards.
The FLA code includes provisions on forced labor, child labor, harassment or abuse, nondiscrimination, health and safety, freedom of association and collective bargaining, wages and benefits, hours of work, and overtime compensation.
The FLA requires companies to conduct internal monitoring of all their factories every year in accordance with FLA principles and to subject a stipulated percentage of their factories to external monitoring by accredited independent monitors, also in accordance with FLA principles. All monitoring must be conducted in cooperation with local labor, human rights or religious institutions.
Four organizations
According to a letter urging colleges and universities to participate in the FLA by four organizations that have been instrumental in its creation-- the Lawyers Committee for Rights, the International Labor Rights Fund, the RFK Memorial Center for Human Rights and the National Consumers League--"the FLA will accredit independent external monitors; oversee the monitoring process, including final decision-making as to which factories are subjected to independent monitoring; decide whether individual companies are in compliance with FLA standards, based on a review of reports by these monitors; and report publicly each year on the performance of each company that is participating in the process."
To receive certification, a company must demonstrate effective implementation of internal and independent external monitoring, timely remediation of noncompliance, and sufficient measures to help prevent reoccurrence of patterns of noncompliance.
"In addition to requiring certification, we also will carefully review the FLA's reports on our licensees," said Durkee. "The final standard is not just certification, but a demonstrated commitment by the company to lawful, humane and ethical standards that respect the dignity of all workers."
Student interest
Student interest in sweatshop labor issues and a resolution adopted by the Council of the Princeton University Community earlier this year focused not only on many of the provisions in the FLA code, effective monitoring and public disclosure of factory locations, but on the question of wage levels.
According to Durkee, "The FLA code recognizes that wages are essential to meeting employees' basic needs and requires employers to pay at least the minimum wage required by local law or the prevailing wage, whichever is higher. But the FLA charter also explicitly recognizes that this issue will need further attention over time and anticipates reviewing additional data and the results of a number of studies in considering possible future modifications of the code."
Durkee also commended "the active participation of Princeton students in encouraging and in helping to raise public awareness of these concerns. I hope that students will continue to follow these issues," he said, "both at Princeton and on a national level as the FLA now begins its work."
Colleges and universities that have indicated their intention to affiliate with the FLA: University of Arizona; Brown, Columbia and Cornell universities; Dartmouth College; Duke, Florida State, Harvard and Marymount universities; University of Notre Dame; University of Pennsylvania; Princeton and Rutgers universities; Smith College; Tufts University; Wellesley College; and Yale University.
Fair Labor Association workplace rules of conduct
• Forced Labor: There shall not be any use of forced labor, whether in the form of prison labor, indentured labor, bonded labor or otherwise.
• Child Labor: No person shall be employed at an age 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.
• Harassment or Abuse: Every employee shall be treated with respect and dignity. No employee shall be subject to any physical, sexual, psychological or verbal harassment or abuse.
• 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.
• Health and Safety: Employers 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 employer facilities.
• Freedom of Association and Collective Bargaining: Employers shall recognize and respect the right of employees to freedom of association and collective bargaining.
• Wages and Benefits: Employers recognize that wages are essential to meeting employees' basic needs. Employers shall pay employees, as a floor, at least the minimum wage required by local law or the prevailing industry wage, whichever is higher, and shall provide legally mandated benefits.
• Hours of Work: Except in extraordinary business circumstances, employees shall (1) not be required to work more than the lesser of (a) 48 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 or, where the laws of such country do not limit the hours of work, the regular work week in such country plus 12 hours overtime and (2) be entitled to at least one day off in every seven-day period.
• Overtime Compensation: In addition to their compensation for regular hours of work, employees shall be compensated for overtime hours at such 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 equal to their regular hourly compensation rate.
In addition to complying with all applicable laws and regulations of the country of manufacture, companies must comply with this code and the FLA's principles of monitoring, applying the higher standard in cases of differences or conflicts, and must require their licensees, contractors and suppliers to do the same.