Campus Code of Conduct Regarding the Rights of Workers

Santa Clara University

Proposed Draft, 5/5/09

Endorsed by the Code of Conduct Coalition, including:

• The Labor Action Committee

• The Multicultural Center Executive Board
• MEChA-El Frente
• Ka Mana’o O Hawai’i
• Asian Pacific Student Union
• Barkada
• Intandesh
• Igwebuike
• Vietnamese Student Association
• Japanese Student Association
• United Middle East
• College Democrats
• Feminists United
• GREEN Club
• Sociology Club

Whereas Santa Clara University is a Jesuit institution of higher education, with a “commitment
to fashioning a more humane and just world” in its University Mission Statement;

Whereas Santa Clara University affirms the human dignity of all people, predicated on its
foundational values of competence, conscience, and compassion;

Whereas Santa Clara University seeks to create a community of scholars, faculty, staff, workers
and students which is inclusive and welcoming;

Whereas Santa Clara University believes in the principle of being in solidarity with those who
live and/or work on the margins;

Whereas Santa Clara University strives to foster a fear-free campus for all who labor on campus
premises;

Whereas some students have to work to sustain their presence at Santa Clara University and
cannot fully enjoy aspects of campus life that more socioeconomically privileged students can;

Whereas students have an interest in a stable, job-secure faculty to enhance the quality of their
education;
Whereas Santa Clara University affirms the international human right of all workers to associate
and freely form unions (in accordance with Article 23 of the Universal Declaration of Human
Rights: “Everyone who works has the right to just and favorable remuneration ensuring for
himself [or herself] and his [or her] family an existence worthy of human dignity...everyone has
the right to form and to join trade unions for the protection of his [or her] interests.”);

Whereas Santa Clara University abides by and believes in the spirit of the National Labor
Relations Act of 1935: “Employees shall have the right to self-organization, to form, join, or
assist labor organizations, to bargain collectively through representatives of their own choosing,
and to engage in other concerted activities for the purpose of collective bargaining or other
mutual aid and protection” (Section 7, NLRA);

Whereas Santa Clara University acknowledges the concept of a living wage as a central tenet of
Catholic Social Teaching;

Whereas Santa Clara University upholds the right of all non-native English speakers to
participate in English-as-a-Second-Language (ESL) classes for education, personal fulfillment,
and the economic betterment of their lives;

Whereas Santa Clara University recognizes the compelling interest of formulating a standardized
and enforceable policy whereby the treatment of all campus workers is equal and consistent;

And whereas Santa Clara University wishes to act as a leader in the academic world by
upholding the highest standards of ethical conduct in all facets of its operation and wishes to be
recognized as a paragon of scholastic and moral excellence;

Therefore, be it resolved, that Santa Clara University adopts and pledges to enforce the following
Campus Code of Conduct Regarding the Rights of Workers on university premises.

Section I: Terms and Conditions

A. Santa Clara University 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 enactment
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 in on University premises.

B. The terms “campus worker” and “worker” shall, for purposes of the Code, and unless
otherwise specified in the Code, encompass all employees working on campus premises whether
direct employees, employees of contractors, and/or employees of subcontractors, not limited by
length of employment term. The terms “campus worker” and “worker” (used interchangeably
throughout this Code) include but are not limited to: food service workers, janitorial staff,
grounds staff, parking attendants, security officers, clerical workers, librarians, drivers,
engineers, construction workers, professors, teaching assistants, faculty, lecturers, and instructors
of all appointment types (including full and part time, those with 'faculty status' and without, as
well as those who are tenured, tenurable, and nontenurable). Current entities covered by this
Code include but are not limited to: DMS Facility Services, Bon Appetit Management Company,
university Facilities workers, university faculty, university professors, and university staff. Any
and all future university employees, or those of contractors and/or subcontractors, are also
included in this Code.

Section II: Workers' Rights

A. The Right to Organize & University Neutrality Concerning Unionization

The University respects the rights of workers to choose for themselves whether to form and/or
join a union and commits to remaining 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. Freedom from Intimidation & Use of University Funds: The University agrees that workers
must have the right to form unions in an environment free of intimidation and coercion. The
University will not allow the use of campus resources or the expenditure of University funds to
influence workers about their choice concerning union representation, including in the form of
legal fees to delay the workers’ expression of their decision about union representation.

2. Access to Campus for Union Representatives: The University will allow representatives of and
organizers from labor organizations access to the campus and to campus facilities for the purpose
of informing workers about union representation and their rights to form and/or join a union (in
addition to union activities including but not limited to union meetings and consultation with
workers and shop stewards). This provision includes access to all campus workers, including the
employees of contractors and subcontractors.

3. Freedom of Association & Collective Bargaining Rights: No campus worker shall be subject
to harassment, intimidation or retaliation in their efforts to freely associate or bargain
collectively. The term harassment shall include, but is not limited to intimidation of workers;
shifting of workers’ schedules; firing of workers; changing of workers work assignments or
locations.

4. Freedom of Expression: 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 supervisors, management, or administration personnel, including contractors and
subcontractors and their employees, 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.

B. Permissible Methods of Unionization

The University, as well as its contractors and subcontractors, recognizes that workers shall have
the right to a free and fair process of unionization, and will therefore honor any legal method of
unionization as chosen by the workers. Legal methods of unionization include a card-check or
majority sign-up procedure.

C. Collective Bargaining and University Neutrality

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. Further, the
University and its contractors and subcontractors shall sign agreements of neutrality with all
unions attempting to organize campus workers.

Section III: Living Wage

A. Past (and Potential Present) Violations of Standing University Policy

As of 1999, Santa Clara University adopted a university-wide Living Wage Policy, constituted
merely by an oral commitment to enforce the San Jose Living Wage Determination for all
workers on campus premises, whether university employees, or employees of contractors or
subcontractors. However, there have been numerous documented violations of this verbal
agreement, as evidenced by the pay stubs of workers on campus. When cross-checked with the
Living Wage Determination of San Jose according to the applicable year of reference, workers
were found to have been paid under the base wage on numerous occasions. Potential present
violations may exist as well. Therefore, it is of the utmost importance to codify into university-
wide policy the verbal agreement the university entered into a decade ago.

B. Codification of Living Wage Policy

Santa Clara University hereby adopts and will enforce a Living Wage Policy for all workers on
campus premises, including university employees, and those of contractors and subcontractors.
The only exception to this policy is student workers; student workers are not mandated to be paid
a living wage under this code, regardless of other provisions or definitions in this Code. This
Living Wage Policy requires that all aforementioned workers be paid a living wage in accordance
with the City of San Jose's Living Wage Determination. Because San Jose's cost of living
expenses are analogous to Santa Clara's, this calculation is an appropriate proxy to use. The
Living Wage Determination is re-calculated annually on July 1st in light of inflation, and the
University will enforce the most recent determination at any given time. The University may pay,
or consent to a contractor or subcontractor paying, the lower of the two calculated San Jose
Living Wage Determinations only if it, or the contractor or subcontractor, provides health
insurance benefits (pursuant to the San Jose Living Wage Determination).

Section IV: The Right to Learn English

A. Education in the Workplace

The University affirms and will enforce the right of all workers on campus premises, be they
university employees or those of contractors or subcontractors, to take English-as-a-Second-
Language (ESL) courses offered by student volunteers. All campus workers are hereby permitted
to learn English in said ESL classes before and/or after their work shift, or during their breaks.
There shall be no intimidation or harassment of workers for expressing interest in or participating
in such classes.

Section V: Enforcement Mechanism

A. Refusal to Cooperate with Entities in Violation of Code

The University shall not cooperate with contractors or subcontractors that, according to the
procedures outlined below, violate any of the rights of campus workers articulated in this Code,
including the attempt to prevent workers from organizing a union of their choice, the violation of
the Living Wage Policy, or the infringement on workers' right to take ESL classes.

1. Audit to Determine Potential Violations: From the date of adoption of this Code forward, any
contractor or subcontractor that is found to be in violation of any of the rights enumerated herein
will have its contract suspended until an independent, fully transparent investigation shows that
these abuses have ended. This independent investigation must be conducted by a neutral, third-
party audit, jointly agreed upon by the university administration and the union representative(s)
of the company called into question. The audit shall be undertaken expeditiously, taking no more
than 60 days to complete once a formal complaint has been filed with the university by union
representative(s). If the contractor or subcontractor in question is found to have violated any of
the rights enumerated in this Code of Conduct and refuses to halt the abuses immediately
following the conclusion of the investigation and subsequent written notification from the
University, Santa Clara University will terminate its contractual relationship with this entity.

2. Re-absorption of Displaced Workers: Should a contractor or subcontractor be found to be in

violation of any terms of this Code and unwilling to comply with the university policies herein,
the University shall hire and re-absorb the current employees of the contractor or subcontractor
in violation of the Code as university employees. The re-absorption of current workers into the
ranks of the university workforce shall occur promptly; such a transition period should take no
longer than 90 days upon the termination of the old provider's contract. The workers who are re-
absorbed shall be offered positions working in the same capacity as under the contractor or
subcontractor. Available positions shall be offered at the same duration, percent time, and
appointment type held by the employee when s/he was displaced (probationary, limited, per
diem, or career). The available position shall be offered at the same base rate of pay earned by
the employee when s/he was displaced. The right to be offered a position pursuant to this section
shall begin on the date an employee is notified of her/his displacement. The right of an employee
to be offered a position pursuant to this section shall terminate upon acceptance or refusal of the
offered position at the same base rate of pay. A non-probationary career employee who refuses an
offered position at the same base rate of pay shall be placed in layoff status. Probationary,
limited, or per diem employees who refuse an offered position at the same base rate of pay shall
be released.

Section VI: Transparency

A. Notification and Education

The University will notify its employees and employees of its contractors and subcontractors in
writing that it respects their rights regarding union representation, the receipt of a living wage,
and ESL classes; 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 or
participate in ESL classes. Additionally, the University, its contractors, and subcontractors, will
train all individuals in managerial positions to behave in accordance with this Code, and will
educate all workers about their rights under this code annually when they return for the fall
semester. That education shall include, at a minimum, providing all campus employees with a
copy of this code, translated into all requested languages.

B. Good Faith Agreement

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

Section VII: Ratification of Code of Conduct

A. Procedure: In order to ratify this Code of Conduct, the President of the University must sign
this Code. Once signed by the current university president, the Code is in effect ad infinitum.

Section VIII: Enactment

A. Effective Date: This Code of Conduct will take effect within 15 days of its ratification.

Section IX: Implementation

A. Administrative Oversight: The administration of the University will oversee and monitor the
treatment of both its own employees and those of the contractors and subcontractors
with workers who labor on campus. Any and all contracts applicable to campus worker(s) will be
reviewed by the university administration prior to its ratification to ensure adherence to all of the
provision of this Code. Regardless of the time of year, the University will respond promptly
(within 7 days) to any grievances that allegedly violate the rights enumerated herein, following
the Enforcement Mechanism above.

I, with the authority vested in me to make executive decisions on behalf of Santa Clara
University, do ratify, adopt, and pledge to enforce this Campus Code of Conduct Regarding the
Rights of Workers as university-wide policy. Following the shared governance model of the
University, the requisite university bodies having officially supported its adoption, and the
Provost of the University having expressed support for its adoption, I hereby make this Code of
Conduct permanent university policy. By signing this document, Santa Clara University hereby
adopts and pledges to enforce this Code of Conduct ad infinitum.

The Undersigned,

__________________________
Father Michael Engh, S.J.
President, Santa Clara University