UWEAR/ PALEDENIM CODE OF CONDUCT KENNETH C HOLMES CTU UNIVERSITY ONLINE LEADERSHIP AND PROFESSIONAL ETHICS PROFESSOR: CARMEN KIMBLE PHASE 5: INDIVIDUAL PROJECT DECEMBER 19, 2014 Statement from the Chief Executive Officer: At UWEAR/PALEDENIM we consider all employees, clients, vendors, and stockholders part of our team. We take great pride in manufacturing and providing our clients quality, durable, tailored professional uniforms at fair market prices, and providing reliable quality service. We are committed to conducting all business transactions with professionalism, integrity, ethics, teamwork, and a strict adherence to our Code of Conduct and all state and federal laws and regulations. Non-compliance will not be tolerated. At UWEAR/PALEDENIM it is the responsibility of our leadership to set behavior by treating employees, clients, prospects, vendors and competitors with honesty and respect, and by always following our policies and the law, and we expect all employees to do the same. I take great pride in personally welcoming you to the UWEAR/PALDENIM family, I thank you for your commitment to comply with our Code of Conduct, high standards of integrity and business ethics, and wish you a prosperous future. Sincerely, Thomas Tramlin Thomas Tramlin Chief Executive Officer Code of Conduct A code of Conduct policy is the official document stating an organizations mission, values, principles, and established standards of behavior and professional conduct for all employees. It communicates a company’s commitment to its employees, its standards for conducting business, and its relationship with the community. It also serves as an internal communication tool, and serves to protect the company in cases where it must terminate an employee for cause. Mission Statement At UWEAR/PALEDENIM, our mission is to provide our clients with quality, durable, tailored, professional uniforms at a fair, competitive price, based on our quality of service and reliability. We pride ourselves on our expectation that all employees be honest, professional, and ethical in dealing with each other, clients, prospective clients, vendors, and competitors, and that all behavior is free from discrimination, libel, slander and harassment. We proudly adhere to the letter of the law by being an Equal Opportunity Employer, participating in recycling, following all OSHA standards, providing a clean, safe, and healthful environment, and by accurately preparing and reporting all financial documents. Our policies have been established to create solid guideline to follow and to ensure consistency in all business practices. Harassment Definition: Harassment involves threats of violent actions and/or bullying, and is based upon an individual’s: sex, race, ethnicity, national origin, age, religion or any other legally protected characteristic. Sexual harassment is behavior of a sexual nature that is unwelcomed and offensive to the person or persons it is targeted toward (Sample Anti-Discrimination and Harassment Policies, 2014). Examples: Physically assaulting a co-worker Using ethnic slurs or defaming terminology against a co-worker Submission or rejection of sexual favors as a basis for employment Unwelcomed physical contact Foul language of a sexual nature, sexual jokes, remarks, and obscene gestures Sexual propositions Displays of pornography, sexually explicit pictures, drawings, or caricatures Use of employer’s computer for the purpose of viewing, displaying, or distributing material sexual in nature Policy: Violations against anyone employed or associated with UWEAR/PALEDENIM including: threat of violent actions or bullying; sexual; ones race, color, religion, creed, national origin, age, sex, marital status, lawful alien status, physical or mental disability, veteran’s status, sexual orientation, gender identity or expression, or any other basis prohibited by law, and will be treated as a severe violation. Breach of Confidentiality Definition: The unauthorized release of employer, employee, family members, clients, and potential client’s private information for: distribution, blackmail, defamation, or sale to outside or third parties (Doqra, 2012). Examples: Selling company secrets to a competitor Using an individual’s personal information to blackmail them or damage their reputation Talking about employer’s confidential information on social media, chat rooms, blogs, and the internet Policy: All employees are to hold UWEAR/PALEDENIM’S, clients, vendors, and employees private information under strict confidence. Any violation of that confidence will result in (Fowler, 2014, Hearst Newspapers, LLC): The breach of the employment contract Termination Potential Lawsuit UWEAR/PALEDENIM can obtain damages from the employee if it causes identifiable monetary damages Can be punishable by fine or Federal imprisonment if the breach constitutes theft of UWEAR/PALEDENIM’S proprietary information or intellectual property. Employees who are found guilty of Breach of Confidentiality may also have permanently tarnished their employment record and reputation Theft It is our policy that company equipment is to be used for business purposes. The use of company equipment for personal purposes is limited, and misuse and/or abuse of equipment will not be tolerated, and will be treated as a minor violation. The time employees spend on the job is for professional business purposes. Employees are permitted time for lunch breaks, use of restrooms, and smoke breaks. Excessive break time is not permitted and will be treated as a minor violation. The actual theft or destruction of company property and/or finished or unfinished product (materials and merchandise) is prohibited, and will be treated as a severe violation. Embezzlement Definitions: The illegal transfer of property and/or funds from a business for the purpose of personal use, usually performed by someone who has legal access to the property and funds, and has been entrusted with its handling and care (Lalwani, 2011). Examples: Stealing funds from corporate accounts to purchase a home oversees Transfer of corporate funds into an overseas account Policy: It is our policy that property and funds of UWEAR/PALEDENIM are exactly that, the property of UWEAR/PALEDENIM, and are for company use only. Any violation of this policy can result in: Jail time, from ten to twenty five years Probation, ranging from three to five years or more Fines that do not exceed $500,000 or twice the value of the funds or property that was misused, whichever is higher. Community service, depending on the severity of the crime Charges of felony, which means serious damage to one’s professional and personal reputation Embezzlement penalties are part of civil law, but are no less severe than criminal charges Conflict of Interest Definition: personal and financial conflicts that can often affect the employees judgment or influence the execution of his or her duties on behalf of the employer; relationships with, investments in, or other interests with individuals or organizations that can potentially influence any decisions (Code of Conduct Development). Examples: Employee of the firm who also works as a consultant for a client of the firm or a competing firm. The accepting of gifts both tangible and intangible from company clients or potential clients. Hiring of family members based on their relation to an employee Personal or family member employment and business interests that conflict with each other. Policy: All UWEAR/PALEDENIM employees are required to: complete a written disclosure of any potential conflicts; address the potential conflict with Human Resources; if necessary present the conflict to the Board of Ethics; and if needed we utilize an outside third party to resolve the conflict or dispute. It may be necessary for us to require the employee to refrain from participating in certain UWEAR/PALEDENIM decisions. It is necessary to resolve conflicts of interest to avoid legal penalties and consequences (Clarke, 2014). Gifts, Bribes and Kickbacks Gifts Other than gifts with a value of no more than $25, neither employees nor their relatives may give or receive gifts from current or prospective clients, vendors or any other commercial entity associated with UWEAR/PALEDENIM. Presenting or accepting a gift over $25, or presenting or accepting gifts to or from private commercial parties requires prior written approval from the ethics committee. Doing so without prior approval will be documented, and treated as a major violation. The receipt or giving of gifts is not permitted to avoid the appearance of undue influence on decisions. Dining and Entertainment The facilities of UWEAR/PALEDENIM client’s may be used for dining and entertainment, however, our employees are required to pay for their own meals and entertainment, and are not allowed to ask or demand our clients pay. If the client offers to pay for dining and entertainment, this exchange must be disclosed to the Ethics Committee. Violation of our policy will be treated as a major violation. Bribery Accepting or providing cash or equivalent bribes in an effort to secure clients, vendors, or to cover up wrongful acts is forbidden and is treated as a severe violation. Kickbacks Accepting or providing kickbacks in the form of cash or equivalent gifts involving employees, clients or vendors is forbidden and is treated as a sever violation. Workplace Violations and their Consequences Minor Violations Include (Neil Kokemuller, 2014): Frequent or unexplained tardiness or absences, inappropriate or unprofessional language with colleagues or clients, simple instances of insubordination or insolence, incomplete work, abuses of workplace resources including misuse or abuse of office equipment. Penalties: Initial verbal or written warning Repeated minor offenses can lead to more strict consequences including termination Major Violations Include: More aggressive confrontations with colleagues, supervisors, clients, prospective clients, or vendors. Penalties: Treated with written, documented warnings Suspensions If the violation is related to misuse of resources or abuses of power, the employee may be stripped of some privileges or duties Severe (Terminable Offenses) Include: Valid claims of sexual harassment, physical threats made against others, acts of violence, bringing a weapon to work, destroying work property, theft, and abuse of power. Penalties: Demotion Job transfers Pay reductions Automatic firing for cause May require internal security or the police Reporting Violations We believe in leading by example and encourage all employees who have witnessed or have knowledge of any violation of company codes to report such violations to: the Ethics Committee, Human Resources, or Supervisors, you can call our hotline (1-800-hot-tips), or can send an email to ethicsreports@uwearpaledenim.org. Your calls and electronic communications will always be handled with confidentially and there will never be retaliation when a matter is brought forth in good faith. If a violation is not reported in good faith, was fraudulent and/or done for retaliatory reasons: it will be documented, and treated as a major violation. Good Faith Definition: with honesty in dealing with people, honesty or lawful of purpose. Example: I reported the violation I witnessed in good faith. State and Federal Laws and Regulations At UWEAR/PALEDENIM we are committed to full compliance with all state and federal laws and regulations, and require all employees to do the same. We are committed to providing a workplace that is clean, safe, healthful and free from discrimination. The Sarbanes-Oxley Act requires CEO’s and CFO’s to certify that the financial statements are properly prepared and accurate, and take full responsibility for the planning and oversight of the internal control of financial reporting (Corporation, Sarbanes-Oxley Act, CTU Week 3 MUSE, 2010). At UWEAR/PALEDENIM we want employees, clients and stockholders to feel comfortable working with, doing business with, and investing in our company. As a result we take that responsibility seriously and ensure responsible and accurate financial statement. The Whistleblowers Protection Act prohibits discrimination against employees for filing an OSHA complaint, participating in an inspection or talking to an inspector, seeking access to employer exposure and injury records, and raising a safety or health complaint with the employer. By law UWEAR/PALEDENIM cannot take adverse action against an employee including: firing or layoff, blacklisting, demoting, denying overtime or promotion, disciplining, denial of benefits, failing to hire or rehire, make threats, reassigning to affect prospect of promotion, or reduce pay or hours (OSHA Enforcement, 2014). UWEAR/PALEDENIM is an “equal opportunity employer”. We do not discriminate and will take all measures to ensure against discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the basis of their race, color, creed, religion, national origin, age, sex, marital status, lawful alien status, physical or mental disability, veteran’s status, sexual orientation, gender identity or expression or any other basis prohibited by law (OSHA Enforcement, 2014). If an employee has questions, needs additional information, wants to file a complaint, or would like to contact OSHA, call 1-800-321-OSHA (6742), or email any questions to (e-mail OSHA). All correspondence will be treated with strict confidentiality (OSHA Enforcement, 2014). Additional Policies Policy for Human Resources It is the responsibility of the Human Resource Manager to provide all employees with the Code of Conduct handbook, schedule online training, conduct the onsite training class, and answer any questions in reference to the handbook. It is of utmost importance that any questions and/or issues are to be resolved regarding the handbook, because it is our mission that all employees understand and follow the Code of Conduct to ensure full compliance with state and federal laws, and to move the company forward. Promoting from Within: It is the policy of UWEAR/PALEDENIM to promote from within, and we encourage all personnel to grow and pursue their future with us. All employees are welcome to ask HR for a list of all available positions, and are encouraged to apply for those positions after a minimum of 1 year in their current position. Policy for Sales Department It is the policy of UWEAR/PALEDENIM that we sell all of our products based on quality, professional styling, durability, and the quality and reliability of our service, and we offer package plans to conform with most budget. Sales Representatives are not permitted to negotiate or sign contracts on behalf of the company. All sales contracts must be approved and signed by the Sales Manager and Finance. We strive to address any issues in advance, and will make all reasonable accommodations quickly and reliably. Any violation of this policy will be treated as a severe violation. Policy on Drugs and Alcohol It is the policy of UWEAR/PALEDENIM that employees who are under the influence of drugs and/or alcohol, will not be permitted on the premises for personal or professional purposes. If an employee is injured on the job, they will be tested for drugs and alcohol, if the test results prove the employee is under the influence, they will be terminated immediately. Employees who are found to be participating in: the manufacturing, selling, buying, or distribution of drugs will be terminated immediately. Policy on Employee Dating Within the company It is the policy of UWEAR/PALEDENIM that employee dating between co-worker, vendors, clients, potential clients, and competitors is not permitted, as to avoid employee tensions, and any conflicts of interest that could arise from such relationships. Recycling Program UWEAR is a proud participant in our cities local recycling program. We require all metal, glass, plastic, paper, and empty printer cartridges be placed in the appropriate receptacle. All recyclables are taken to the local recycling facility, processed, and used to make new products. We proudly protect and preserve earth’s resources, and as a result, we expect all employees to comply and follow the guidelines to the recycling program. Medical Treatment It is our policy to ensure all employees receive proper medical treatment. As a result, first Aid kits are located in each restroom, in the break rooms, and at the receptionist’s desk. For anyone requiring more extensive care we gladly make arrangements for an ambulance, or other transportation to the closest hospital. Acknowledgement Form Please sign, date and give to your supervisor for them to sign. Your form will be kept in your personnel file in the Human Resource Department. As an employee, I agree to represent UWEAR/PALEDENIM with the respect, ethics and professionalism they deserve, to uphold the company mission and values, and to follow all policies and regulations as stated in the Code of Conduct. I agree to attend Code of Conduct training, both online and on premise, and understand the Code of Conduct is a guide to assist me on my road to success at UWEAR/PALEDENIM. Employee Signature: ___________________________________________________ Date: __________________________ Supervisors Signature: __________________________________________________ Date: __________________________ REFERENCES Clarke, P. (2014, June 19). Business Conflicts of Interest. Retrieved from Legal Match.com: www.legalmatch.com/article/business-conflicts-of-interest Code of Conduct Development. (n.d.). Retrieved from CTU Instructor Files: CTU.edu Corporation, C. E. (2010). Sarbanes-Oxley Act, CTU Week 3 MUSE. Retrieved from CTU online: CTUonline.edu Doqra, A. (2012, February 23). Condidentiality in the Workplace. Retrieved from Buzzle.com: www.buzzle.com/articles/confidentiality-in-the-workplace Fowler, P. M. (2014, Hearst Newspapers, LLC). Employee Consequences for Breach of Confidentiality. Retrieved from Chron: smallbusiness.chron.com>Managing Employees Images. (2014, Microsoft). Retrieved from Bing Images.com: bing.com/images Lalwani, P. (2011, September 21). Embezzlement Penalties. Retrieved from Buzzle.com: www.buzzle.com/articles/embezzlement-penalties Neil Kokemuller, D. M. (2014). What Is a Code of Conduct Violation. Retrieved from Chron: work.chron.com>Relations With Colleagues and Supervisors OSHA Enforcement. (2014). Retrieved from United Stated Department of Labor: www.OSHA.gov Sample Anti-Discrimination and Harassment Policies. (2014). Retrieved from Small Business Find Law.com: www.smallbusiness.findlaw.com Sexual Harassment Stock Photos/Pictures/Photography. (2000-2014). Retrieved from Inmagine.com: www.inmagine.com/searchterms/sexual_harassment.html Why Have a Code of Conduct. (2014, May 29). Retrieved from ERC-Ethics Resource Center: www.ethics.org/resource/why-have-a-code-of-conduct