Clark Unite!'s Proposed Labor Code of Conduct

Clark University affirms the internationally recognized right of all workers to form associations in conjunction with the Universal Declaration of Human Rights (art. 23) and wants Clark to be a place that affirms and upholds this right, so that workers may associate without fear of intimidation, harassment, and discrimination. Clark agrees to, at a minimum, adhere to the principles set forth in the Code. The University will require all administrators, managers, supervisors, contractors and subcontractors to adhere to the principles set forth in the Code. The University will provide a copy of this Code to all current contractors and subcontractors; From the date of adoption forward, the University will incorporate this Code into all new and re-negotiated contracts, and require its contractors to incorporate this Code into any sub-contracts or agreements for work engaged on University premises.

A. The term “campus worker” shall, for purposes of the Code, and unless otherwise specified in the Code, encompass all employees working on campus whether direct employees, employees of contractors and/or subcontractors not limited by hours or length of employment term (full time, part time, or temporary). “Campus worker” includes but not limited to: food service workers, janitorial staff, grounds staff, parking attendants, security officers, clerical workers, librarians, drivers, engineers, construction workers, professors and teaching assistants.
No campus worker shall be subject to harassment, intimidation or retaliation in their efforts to freely associate or bargain collectively. The University shall not cooperate with contractors or subcontractors that attempt to prevent workers from organizing a union of their choice. Universities shall allow union organizers free access to employees and the employees of contractors and subcontractors. The University shall recognize the union of the employees’ choice.

B. The University respects the rights of workers to choose for themselves whether to form and join a union and commits that it will remain neutral on the issue of worker unionization. The University will ensure that its administration, management personnel, contractors and subcontractors honor this commitment and abide by the following:

1. The University agrees that it will not attempt to influence workers about their choice concerning union representation; and that it will not allow the use of campus resources or the expenditure of University funds to influence workers about their choice concerning union representation.

2. The University will allow representatives of labor organizations access to the campus and to campus facilities for the purpose of providing information to workers to inform workers about union representation and their rights to form and join a union. This provision includes access to the employees of contractors and subcontractors.

3. The University recognizes that workers are allowed to express their views and opinions regarding union representation. No workers on the University campus will be questioned by supervisory, management, or administration personnel, including contractors and subcontractors, about their support or membership, or lack thereof, in a labor union; no workers on the University campus will be subjected to harassment because of their membership or non-membership in a labor union or their activity in support or derogation of union representation; and no workers on the University campus will receive preferential treatment because of their membership or non-membership in a labor union or their activity in support or derogation of union representation.

C. The University will notify its employees and employees of its contractors and subcontractors, in writing, that it respects their rights regarding union representation; and advise them that the University has agreed to a policy of neutrality concerning workers' efforts to achieve union representation and that there will be no negative consequences for employees who exercise their right to support union representation.

D. The University, as well as its contractors and subcontractors, will honor any legal method of unionization as chosen by the workers. Legal method of unionization includes a card-check or majority sign-up procedure.

E. The University, its contractors and subcontractors will uphold the right to collective bargaining by negotiating with the workers’ representative in a fair and expeditious manner.

F. The University will enter in an agreement to effectuate the principles of this code within the bounds of good faith.