State
of New Jersey
Executive
Order #20
Governor James
E. McGreevey
WHEREAS, the State
of New Jersey has a compelling interest in guaranteeing that apparel acquired
by the State of New Jersey is made in conditions that the State of New
Jersey, its citizens, and its employees, can be proud of; and
WHEREAS, the apparel
industry has a history of poor conditions for its workers; and
WHEREAS, the largest
part of the apparel purchases of the State of New Jersey are for uniforms
for New Jersey employees; and
WHEREAS, these uniforms
are intended to project a positive image for the State, and pride in the
job on the part of State employees; and
WHEREAS, the State
of New Jersey has a compelling interest in ensuring that these uniforms
are produced under excellent conditions in the United States of America;
NOW, THEREFORE,
I, JAMES E. McGREEVEY, Governor of the State of New Jersey, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby Order and Direct:
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For the purpose
of this Order:
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"Apparel"
means any clothing, headwear, linens or fabric.
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"Bidder"
means any person making a bid with a public body to serve as a
vendor to a public body.
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"Public Body"
means the State of New Jersey, any agency of the State or any
authority created by the Legislature.
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"Vendor"
means any person or business selling or otherwise providing apparel
to or for a public body, including the provision of apparel to
a public body; or entering into a license agreement with a public
body to produce or provide items of apparel bearing names, trademarks
or images of, or related to, the public body.
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"Apparel
Contracts" shall include all purchases, rental or other acquisition
of apparel products by the State of New Jersey, including authorizations
by the State of New Jersey for vendors to sell apparel products
through cash allowances or vouchers issued by the State of New
Jersey, and license agreements with a public body.
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"Apparel
Production" shall include the cutting, manufacturing of apparel
products performed by the vendor or by any sub-contractors, not
including the production of supplies or sundries such as buttons,
zippers, and thread.
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When purchasing
or otherwise obtaining apparel from a vendor, including approving
a vendor for participation in allowance or voucher programs, a public
body shall require that all apparel production be performed in the
United States.
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When purchasing
or otherwise obtaining apparel from a vendor, including approving
a vendor for participation in allowance or voucher programs, a public
body shall require that all apparel production be performed in production
facilities that meet the following requirements:
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Vendors
and their contractors and sub-contractors shall adapt a neutrality
position with respect to attempts to organize by their employees,
and agree to voluntarily recognize a union when a majority of
workers have signed cards authorizing union representation.
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Apparel
production workers employed to fulfill an apparel contract will
not be terminated except for just-cause and vendors and their
contractors and sub-contractors shall provide a mechanism to resolve
all disputes with apparel production workers.
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Apparel
Production workers employed to fulfill an apparel contract are
provided a safe and healthy work environment, and a work environment
free of discrimination on the basis of race, national origin,
religion, sex and sexual preference.
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Apparel
contracts shall only be issued to contractors, and apparel production
shall only be performed by contractors or sub-contractors, that
do not have a pattern or practice of violation of legal employment
protections not otherwise preempted, including laws and regulations
governing wages and hours, discrimination, occupational safety
and health.
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Apparel
contracts shall only be issued to contractors, and apparel production
shall only be performed by contractors or sub-contractors, that
provide non-poverty compensation at an hourly rate which at 40
hours of work a week for 50 weeks a year would be equal to but
not less than the threshold family of three as published by the
United States Department of Health and Human Services.
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Information.
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Every bidder
for an apparel contract shall inform the contracting agency in
writing of the following information, which shall be made available
to the public as soon as possible, but in no case less than thirty
(30) days before a decision is made to award an apparel contract
to a vendor:
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Every
location where apparel production is to take place, including
any sub-contractor locations.
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The
name, business address, and names of principal officers of
each sub-contractor to be used for apparel production in fulfillment
of an apparel contract.
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An affidavit
that each Apparel Production location meets the standards
defined above.
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Any changes
to the reported information during the term of an apparel contract
must be reported by the vendor to the public body. The public
body shall report all information required under this section
to the Apparel Procurement Board, and shall make such information
available upon request to the public.
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Apparel Procurement
Board. The Apparel Procurement Board shall be established as follows:
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The Apparel
Procurement Board shall be composed of:
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three
individuals representing uniformed unions of employees of
the State, selected by the New Jersey State AFL-CIO;
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three
individuals representing agencies that employ uniformed personnel,
selected by the Governor; and
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one
individual chosen by the Commissioner of Labor.
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The Apparel
Procurement Board shall have the power to receive complaints that
any bidder or contractor is not in compliance with this Order,
and recommend an investigation into the merits of such complaints.
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The Apparel
Procurement Board shall be administered by the Commissioner.
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Violations.
If the Commissioner of Labor determines that a vendor, sub-contractor
or bidder has not complied with the terms of this Order, including
any finding of failure to provide truthful information as required
by this Order, the Commissioner of Labor may:
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Terminate
an existing apparel contract at the earliest feasible date.
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Bar the
vendor or bidder from receiving pending or subsequent apparel
contracts, unless preempted by federal law.
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Severability.
If any section, subsection, sentence, clause, phrase or other portion
of this Order is, for any reason, declared unconstitutional or invalid,
in whole or in part, by any court of competent jurisdiction, such
portion shall be deemed severable, and such unconstitutionality or
invalidity shall not affect the validity of the remaining portions
of this law, which remaining portions shall continue in full force
and effect.
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Every apparel
contract and bid application shall contain a provision or provisions
detailing the requirements of this Order, and compliance with this
Order shall be made a binding part of all apparel contracts.
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Waiver. Specific
requirements of this Order may be waived if it is determined by the
public body that there is no vendor able to meet those specific requirements.
In such event, the public body shall take every reasonable measure
to contract with a vendor who is able to satisfy most closely the
require-ments of this section.
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This Executive
Order shall take effect immediately.
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Given, under
my hand and seal this 11th day of June in the Year of our Lord,
Two Thousand and Two, and of the Independence of the United States,
the Two Hundred and Twenty-Sixth.
/s/ James
E. McGreevey
Governor
[seal]
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Attest:
/s/ Paul A. Levinsohn
Chief Counsel to the Governor
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