October 14, 2004                                                    61LCB #13 Enviro/Labor

Sponsored by:                          Stephen Fenberg            Legislative Council 2nd VP

           

 Authored by:                           Stephen Fenberg            Legislative Council 2nd VP

                                                Carina Molnar             Environmental Director

                                                Sergio Gonzales            59th Session Tri-Executive

 

                                         A Bill

 Amendments to Environmental Safety/Social Justice/Labor Rights Commission

 

                                                    Bill History

In the 59th session of the UCSU Legislative Council, a bill was passed that created an Environmental Safety and Labor Rights Commission.  The purpose of this bill was to create a body within UCSU that researched the types of products and services UCSU purchased and/or invested in.  The principal mission of this commission was to identify potentially environmentally unsafe vendors of the UCSU, as well as vendors whose practices violate workers’ rights.  Current UCSU legislators and Tri-executives have agreed that in order for this commission to fulfill its purpose, a number of amendments are necessary.  With recent UCSU activities such as green building standards and the Capital Building Fee, an update to the Environmental and Labor Commission is most appropriate to keep up with the progress of UCSU. 

  

                                          Bill Summary

 

This bill will act as an addendum to the original 59LCB#10 and provide necessary amendments. 

 

 

THEREFORE, BE IT ENACTED by the Legislative Council of the University of Colorado Student Union, THAT:

 

SECTION 1:  Purpose. This bill shall create an environmental safety and labor commission that shall ensure that UCSU is using products that are both environmentally safe and provide fair labor practices. This commission shall have the authority to investigate and explore current and future products of the UCSU, in order to determine whether these products are in accordance with or undermine environmental sustainability, social justice, and labor rights. The commission will have the power to mandate the termination of use of products found to be harmful in both or either areas given, and recommend suitable alternative products.

SECTION 2: Composition.  The commission's voting members shall be composed of one (1) Tri-Executive, the UCSU Environmental Director, two (2) members of the UCSU legislative council to be appointed by the legislative president with majority approval present and voting of the legislative council, one (1) member from the environmental center to be appointed by the director of the environmental center with majority approval of the environmental board, one (1) member from SORCE to be appointed by the SORCE Director with majority approval of the SORCE Advisory Board, one (1) member from the Women's Resource Center appointed by the WRC Director with majority approval of the WRC board, and three (3) student at large positions appointed by the commission.  Quorum of the board shall constitute at least five voting members.  The Environmental Center director shall appoint one (1) additional member to the board with majority approval of the environmental board in the event that the student at large positions have not been completely filled.  After the commission has reached quorum or filled the student at large seats, the additional appointment of the environmental center shall be dissolved. The commission may also add any number of ex-officio positions deemed necessary.

  

SECTION 3: Chair of Board. The chair of the Commission shall be the UCSU Environmental Director. The chair shall be responsible for ensuring that the commission meets weekly during the fall and spring semesters and at least once a month during the summer session.  The chair is also responsible for running the meetings of the commission according to Robert's Rules of Order. The chair shall also act as a liaison to the cost centers and the legislative council. It is the responsibility of the chair to communicate the decisions and recommendations of the commission to the buyer and vendors of any products identified as problematic by the commission.

  

SECTION 4: The commission shall explore the products and services that are used or are to be potentially acquired by any entity of the UCSU.  The commission shall look to ensure that the vendors of such products or services are environmentally sound, allow for fair and just labor conditions, and in compliance with the ILO declaration on fundamental principles and rights at work.  Fair labor practices shall include but is not limited to such criteria as a safe staffing plan, safe and adequate apprenticeship programs, adequate health care benefits, a prevailing wage, and a workers' ability to organize. 

 

SECTION 5: Products or services found to be in plausible violation of any area of section four shall be further scrutinized by the commission. The chair shall ensure that buyers of the said product or service are made aware of this investigation and the pending actions to be taken by the commission. The buyer shall maintain the right to testify before the board regarding the purchase of said product or service. 

 

SECTION 6: The commission shall make a decision regarding the environmental impact, social impact and labor impact of the product or service.  In the event that the commission finds the product or service substantially impacts any of these areas in a negative way, the commission shall take measures to lobby the vendor to reform policies and procedures in order to reverse the damaging implications of said product or service as identified by the commission. The commission shall inform the buyer and the vendor that failure to comply with the requests of the commission regarding said product or service, may result in termination of present UCSU purchasing or future purchasing of the product or service.

  

SECTION 7:  After a period of one month following the declaration of mal impact of product or service and the commencement of lobbying efforts of commission, the commission may decide to eliminate official use of said product or service from UCSU.  If the commission decides to do so, it must search for viable and reasonable alternatives to said product or service in conjunction with the affected buyer of terminated product or service. The official discontinued use of said product shall not be taken until the commission has identified an alternative.  The commission shall inform the buyer, the environmental board, and the Tri-Executives as to the decision of termination and alternative product. The buyer shall adhere to the decision of the commission, and shall seek to implement alternative product or service as soon as possible.

  

SECTION 8: In the event that the UCSU purchase of said product is subject by existing contractual agreement, the commission shall order that the buyer shall not renew the contractual agreement.

  

SECTION 9: All documents and information germane to any product utilized by the UCSU shall be given to the commission upon the chair’s request.

SECTION 10:  This commission shall be the appropriate body to draft pre-qualification processes, bidding procedures, or similar tasks for necessary contracts acquired by UCSU. 

SECTION 11: Any action taken by the commission may be overturned by 2/3 of the legislative council.

  

SECTION 12: The commission shall create and ratify by-laws of the commission to be approved by 2/3 vote of commission, and a majority vote of the legislative council.

SECTION 13:  This bill takes effect upon final passage by Legislative Council and obtaining the signatures of the Council President and Tri-Executives.