Preliminary findings from the Worker Rights Consortium against the New Era Cap Company's health and safety practices and the company's indifference toward those findings have caused the University's Committee on Labor Standards and Human Rights to recommend that the University not extend their contract.

"The lack of response suggests bad faith in their dealings with the University," committee member and Law student Kevin Kolben said.

"If there are preliminary findings that the actions of the agency violate the code, and the agency doesn't fully respond to those findings, then the University doesn't have any other choice," he added.

The committee is looking for ways to cut ties between the company and the University. But University Assistant General Counsel Stanley Bies said the contract cannot legally be suspended or terminated before it officially expires in October.

The committee, which began under former University President Lee Bollinger to investigate labor issues, is also looking at ways to avoid similar contractual problems in the future.

During Friday's meeting, the committee unanimously voted to recommend a change in future contract language to include provisions allowing the University to terminate contracts if there is a breach with the Code of Conduct for licenses.

The potential provisions could also be adopted by the College Licensing Company, which handles the licensing agreements for more than 180 universities.

"If this comes up again, it will give us a basis for stopping a contract if there is a problem and it is not rectified," Social Work Prof. and committee chair Lawrence Root said.

If the CLC were to accept the provisions, it would make it easier for every university to end unacceptable business relationships, he added. "It could be a real contribution to moving this forward," Root said.

Bies said, if the provisions are added, they would not affect the current contract between the University and New Era.

"That contract is what it is," he said. "We can make sure that the issue is raised and that we learn from our experience."

The University has been debating its relationship and future with the company since the WRC released its preliminary report dealing with its Derby, N.Y. factory in August. The WRC also released a report on the company's Kukdong, Mexico factory in January 2001.

The WRC's investigations of the factories found "substantial credible evidence that New Era has not implemented a minimally adequate program to protect workers from injury and illness in the workplace ... has failed to protect workers adequately from severe musculo-skeletal disorders (caused by repetitive stress, awkward work motions and related safety hazards); injuries caused by needle punctures; and the risk of exposure to blood borne pathogens resulting from various types of accidents and injuries."

According to the WRC report, New Era has also shown "a persistent pattern of non-compliance with workers' rights of association" and has refused to bargain with their workers' union.

In a letter sent last month to Timothy Freer, director of human resources at New Era, the University's committee voiced concern about whether the company was operating under the University's code.

"The lack of a timely and appropriate response is inconsistent with the behaviors we expect from our business partners and has placed our business relationship at risk," Root stated in the letter.

Kolben and Root both said, despite its recommendation, the committee hopes the contract will be renewed and that New Era will acknowledge and remedy the problems that have arisen.

However, Kolben said a lot of progress would have to be made before the recommendation could be withdrawn. Root said until that happens, the University will most likely follow the committee's advice.