13.97.040 Required policies and practices for Production Facilities.
The City of Berkeley may only Procure Apparel from Vendors that purchase from Production Facilities that adhere to or exceed the following practices and policies regarding applicable Workers:
A. Legal Requirements. Production Facilities shall comply with all applicable domestic labor, employment, health and safety, environmental, and building laws; and the "core" conventions of the International Labor Organization, including those regarding forced and child labor, non-discrimination, and freedom of association and collective bargaining, to the extent adopted and approved by the United States; and other internationally recognized labor rights, including those regarding health and safety, maternity leave, hour of work, wages, and homework.
B. Wages and Benefits. Production Facilities shall pay a non-poverty wage. In the United States, the non-poverty wage is the level of wages required for a full-time Worker to produce an annual income equal to or greater than the United States Department of Health and Human Services’ most recent poverty guideline for a family of three plus an additional 20% of the wage level paid either as hourly wage, health benefits, or pension benefits. Outside the United States, a non-poverty wage is a comparable nationwide wage and benefit level, adjusted to reflect the local cost of living, sufficient to raise a family of average size out of poverty, in accordance with standards specified by the World Bank.
C. Hours of Work and Overtime. Production Facilities shall not require hourly and quota-based Workers to work more than 48 hours per week or the limits on regular hours allowed by the law of the country of manufacture, whichever is lower. In addition, Production Facilities shall provide at least one day off in every seven-day period, as well as holidays and vacations. Production Facilities shall ensure that all hours worked beyond the limits on working hours are voluntary, except as provided for by both national law and a bona fide collective bargaining contract. Required overtime should only be permitted when one of the following conditions exists: (a) national law permits mandatory overtime; or (b) the facility is party to a collectively negotiated contract with a representative labor union and this contract permits mandatory overtime, and mandatory overtime does not exceed the amount allowed by the collective contract. Workers shall be compensated for overtime hours at such a premium rate as is legally required in the country of manufacture or, in those locations where such laws do not exist, at a rate at least one-and-one-half their regular hourly compensation rate.
D. Discrimination and Women’s Rights. Production Facilities shall not discriminate in employment - including in hiring, salary, benefits, advancement, discipline, termination, retirement, or any other term or condition of employment or employer practice - on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, or social or ethnic origin. Production facilities shall not require pregnancy tests as a condition of employment, or demand pregnancy tests of employees. Women (including pregnant) Workers shall receive equal remuneration, including equal pay, benefits, treatment, and opportunity to fill positions open to male Workers.
E. Freedom of Association. In compliance with applicable laws, Production Facilities shall respect Workers’ rights to freedom of association, collective bargaining, striking or other concerted protest, and filing of grievances. Production Facilities or any of their agents shall not retaliate against, intimidate, coerce, harass, or take any other adverse action against Workers for exercising these rights. Production Facilities or any of their agents shall not initiate, dominate, or support organizations in which Workers participate or are represented. Production Facilities shall allow union organizers access to Workers and shall recognize the union of the Workers’ choice.
Examples of steps Production Facilities may take that demonstrate commitment to freedom of association include:
1. Communicating the Production Facility’s openness to Workers’ exercising their associational rights;
2. Negotiating in good faith with any union or other representative worker body duly constituted by Workers;
3. Implementing effective procedures and training programs to safeguard Workers against retaliation, intimidation, coercion, harassment or other adverse action by managers, supervisors, and co-workers; and
4. Remaining strictly neutral on the matter of Workers’ choice to unionize or not unionize. That is, employers shall not campaign in any way against or in favor of Workers’ efforts to unionize. However, employers are not barred from stating that Workers have a right to unionize, in the exercise of their freedom of association.
F. Complaints of Violations. Production Facilities shall not engage in any reprisal, coercion, intimidation or take any other adverse action against Workers including undocumented workers (in compliance with any local, state or federal law or other requirements) for filing complaints, giving evidence, or otherwise cooperating with monitoring, enforcement, remediation or other activity by the City of Berkeley or its designee, any government agency, or other entity authorized to enforce the employers’ obligations under this Chapter. (Ord. 7099-NS § 1 (part), 2009)