A Derby, N.Y., factory that manufactures some Duke apparel is drawing criticism from student activists and University administrators who question the company's labor practices.
Workers at the New Era Cap Company factory have been on strike since July 16 because of allegedly unsafe working conditions, age and disability discrimination and anti-union activity by New Era. Several anti-sweatshop organizations have conducted inquiries into the allegations, and the federal government's National Labor Relations Board is currently moderating the dispute.
The factory produces hats for many universities, including Duke, and for Major League Baseball. Students Against Sweatshops at Duke held a demonstration last week against New Era's practices, and now the University says the company may be in violation of its code of conduct for licensees. If such violations are true, they may present one of the most significant tests yet of the University's commitment to ensuring that licensees comply with the Fair Labor Association's Workplace Code of Conduct.
"From the information that I have seen, it raises some serious concerns about what is going on there and we would like to hear from New Era management about those concerns," said Jim Wilkerson, director of licensing at the University.
Wilkerson said he has been inquiring about the situation through the FLA, a two-year-old anti-sweatshop coalition of manufacturers, non-governmental organizations and 160 universities. He said the FLA has sent a representative to investigate, but the organization has yet to issue an official statement.
A parallel coalition, the Worker Rights Consortium, with 88 member universities, released a scathing report in August that described possible violations by New Era.
For example, the report said the injury rate at the plant for the most serious musculo-skeletal disorders four times the rate for the industry as a whole. It also describes a repeated history of altercations between New Era and the NLRB, despite the workers' representation by the Communications Workers of America Local 14177.
Senior Jonathan Harris, a member of Duke SAS, said this record should be unacceptable to both the University and its students.
"It's important that the people that produce goods for our university are treated with dignity and respect on the job," Harris said. "I don't want to wear something with our university's name that I know is made under sweatshop conditions."
Duke SAS is asking President Nan Keohane to write a letter to New Era's management to get more information on the company's activities. Harris said the University should show support for the workers, and use its influence from having one of the largest merchandise sales of any university in the country.
Wilkerson said, however, that the University's ability to pressure New Era is limited because the NLRB's involvement keeps a lot of information confidential.
"It's difficult to get the company to comment on things that are currently being litigated," Wilkerson said. "I don't think universities are interested in involving themselves in mediating labor disputes."
Neither Harris nor Wilkerson said the situation is at the point where the University should cancel its contract with New Era. "If we find that they are violating the code of conduct and not taking effective measures to correct violations, then yes, as we would with any company, we would cancel the contract," Wilkerson said.
"But I'm hopeful that the issues there will be settled among New Era, the employees and the National Labor Relations Board," he said.
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