Could Sourcing from Union Shops Be Against the Law?

Abstract

This piece explores the legality of the Designated Suppliers Program, which requires university apparel to be produced in union factories that pay workers a living wage. Particularly, the article focuses on anti-trust laws, domestic labor law, and federal preemption.

The question raised by this piece - whether universities (or other entities) can together decide to do business only with companies that respect workers’ rights - is particularly salient in this difficult economic climate as companies are seeking to cut corners in order to maintain profitability. This article seeks to reassure university administrators that agreeing to use union labor in its apparel licensing and sourcing does not violate anti-trust laws. To date, no law review articles have explored the legality of the Designated Suppliers Program and the anti-trust implications of sourcing apparel from shops that respect workers’ rights to organize.