Code of fair competition for ..

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Code of fair competition for ..
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United States -- National Recovery Administration
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National Recovery Administration.
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General Note:
Description based on: Registry no.202-1-04; title from cover.
General Note:
Latest issue consulted: Registry 1154-01, Code 329, Amendment 1

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Full Text




r C 1. No --0--l


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE

BLOUSE AND SKIRT

MANUFACTURING INDUSTRIES


AS APPROVED ON DECEMBER 30, 1933
BY
PRESIDENT ROOSEVELT


WE DO OUR PART


1. Executive Order
2. Letter of Transmittal
8. Code






UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For e by the Superintendent of Documents, Washington D.CI Price 5 en
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents


Approved Code No. 194


Registry No. 210-01





















This publication Is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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Cleveland, Ohio: Chamber of Commerce.
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San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.






Ab













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Approved Code No. 194


CODE OF FAIR COMPETITION
FOR THE

BLOUSE AND SKIRT MANUFACTURING
INDUSTRIES

As Approved on December 30, 1933
BY
PRESIDENT ROOSEVELT



Executive Order

An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the Blouse and Skirt Manufacturing Indus-
tries, and hearings having been held thereon, and the Administrator
having rendered his report containing an analysis of the said Code
of Fair Competition together with his recommendations and findings
with respect thereto, and the Administrator having found that the
said Code of Fair Competition complies in all respects with the
pertinent provisions of Title I of said Act and that the requirements
of clauses (1) and (2) of subsection (a) of Section 3 of the said
Act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do approve the report and recommendations, and
adopt the findings of the Administrator, and do order that the said
code of fair competition be, and it is hereby approved, subject to
the following condition that:
(1) Pending the public hearing on a code of fair competition
for the industries engaged in the manufacture of women's neckl.ear
and scarfs and the determination by the Administrator hereinafter
referred to, the application of the Code of Fair Competition for
the Blouse and Skirt Manufacturing Industries is hereby stayed in
respect to the manufacture and sale of vestees, gilets and guimpes.
29282*-296-112-34 (605)






606
The Administrator after such public hearing shall determine whether
the manufacture and sale of vestees, gilets and guimpes shall be
included under the Code of Fair Competition for the Blouse and
Skirt Manufacturing Industries and such determination by him shall
be incorporated by him as a part of this Code.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
TnE WIaTE HOUSE,
December 30, 1933.





































"i


*.'

4 vir












DECEMBER 21, 1933.
The PRESIDENT,
The White House.
SIR: The Public Hearing on the Code of Fair Competition for the
Blouse and Skirt Manufacturing Industries as proposed jointly by
the National Association of Blouse Manufacturers, Inc., and the
National Skirt Manufacturers Association, Inc., was conducted in
Washington on September 7, 1933. Every person who requested an
appearance was fairly heard in public in accordance with the usual
procedure. The Code has the approval of the Labor, Industrial, and
Consumer Advisory Boards of the National Recovery Administra-
tion. The Code Committee of the submitting associations, being
duly authorized by their respective associations, have also indicated
their approval of the final draft of the Code on behalf of the
industries.
DESCRIPTION OF THE INDUSTRIES

The industries as defined in the Code include the manufacture and
sale by the manufacturer, contractor, or jobber of women's, misses',
and children's blouses, blousettes, waists, vestees, tunic blouses,
gilets, and guimpes; and the manufacture and sale by the manufac-
turer, contractor, or jobber of women's and misses' skirts and
jumper skirts.
The skirt history parallels very closely with the blouse industry.
These two industries have a community of interest and their sale
and fashion activities are almost identical. These factors, together
with a mutual desire for close cooperation impelled a joint code in
the industry, resulting in possibilities of many desirable future joint
activities.
More than thirty years ago blouses and skirts were beginning to
be popular as an item of wearing apparel. Shirt waists with a suit
or skirt were practically indispensable to a wardrobe. Many stores
maintained profitable waist departments; waists were in demand
and were utilized in a variety of combinations. New York City
with hundreds of factories was the leading city in production, with
Philadelphia second, and Boston and Chicago contributing a part of
the production.
The decreasing demand for blouses and separate skirts which be-
came evident in 1921 was due mainly to the increased demand for
dresses. This brought about a decrease in the number of blouse
departments in retail stores and a consequent curtailment in wholesale
production. By 1924 important units had left the industry and
within the last year or two very few firms were left.
During the last few years, however, ensembles have come into
vogue again and there is a revival again of the manufacture of
waists and blouses. The fashion for sportswear and the depression
have both caused an increase in the manufacture of separate skirts.
(607)






608


The varue of production in the blouse industry in the year 1929
was approximately ten million dollars. It had increased close to
fourteen million dollars in 1931. It is reasonable to assume that the
manufacture of blouses and waists has increased still more since 1931.
A much greater increase in the production of separate skirts since
1929 is apparent. In value, the increase in the manufacture of
blouses during the period from 1929 to 1931 amounted to 63%. It
is highly probable that the upward trend in the manufacture of
separate skirts has continued since 1931.
New York and Philadelphia are again the leading blouse markets.
It is estimated that there are 100 firms in the industry, some of which
produce seasonally other items of apparel. Additional concerns, not
generally identified as blouse manufacturers, enter each season tem-
porarily into the production of blouses.

RESUME OF THE CODE

Article I sets forth certain definitions.
Article II contains the maximum hour provisions. The hours of
employees engaged in the mechanical processes of manufacture are
limited to thirty-five hours per week and to seven hours per day; all
other employees are permitted to work a maximum of forty hours
per week. The maximum hours provisions do not apply to salesmen
or executives. Overtime is allowed all employees for a specific num-
ber of weeks per year with the provision that the Code Authority
may recommend that further overtime be allowed.
Article III sets forth the minimum wage provisions. A basic
minimum of fourteen dollars per week for employees employed in
cities of over 250,000 population, and of twelve dollars per week for
employees employed in cities of 250,000 population or less, is pro-
vided. In addition to these basic minimums, separate minimums are
set up for employees engaged in the following crafts: operators,
ironers, cutters, finishers, cleaners, and examiners. Provision is also
made for the employment of apprentices and superannuated or physi-
cally or mentally handicapped persons at wage rates less than these
nnnima.
Article IV eliminates child labor and contains the labor provisions
mandatory under the Act.
Article V provides for the establishment of a Code Authority.
This body, consisting of twelve members, is charged with the re-
sponsibility of administering the Code. This Article also provides
for the establishment of a Confidential Agency to secure for and to
submit to the Code Authority information necessary for the proper
administration of the Code. A provision is also contained in this
Article requiring the Code Authority to investigate the problem of
style piracy and to make recommendations for the effective protection
of original designs.
Article VI provides that all garments manufactured or distributed
subject to the provisions of the Code shall bear a special N.R.A.
label to symbolize to purchasers that the garments are manufactured
under the conditions required by the Code. The Code Authority
is given the exclusive right in the industry to issue and furnish
such labels to the members of the industry.


J






609


Article VII provides for the elimination of certain unfair trad6
practices.
Articles VIII and IX contain the mandatory provisions referring
to monopolies and discrimination against small enterprises.
Article X is designed to clarify the jurisdiction of the Code.

LABOR PROVISIONS OF THE CODE-POSSIBLE REEMPLOYMENT

Because of the close connection between the Blouse industry and
the Dress industry and between the Skirt industry and the Suit
industry and because of the increased production and employment
in the Blouse and Skirt industries, it is not possible to tell whether
or not there is any unemployment, in these industries and if there
is, to what extent. Records show that there were 1,631 workers in
blouse factories in 1929, and 2,235 in 1931, with a possible increase
in the number employed after that. In the skirt factories the
average number of workers employed in 1929 was 539; in 1931, 729.

HOURS

Based upon the estimated average 48-hour work week in the Blouse
Manufacturing Industry prior to the Recovery Program, the 35-hour
maximum work week will result in a 37% increase in the total num-
ber of workers employed in the industry.

WAGES

The average annual wage of the Blouse Industry in 1929 was
$1,144 while in 1931 it had declined to $980. In the Skirt Industry
the average annual wage of 1929 was $1,461 and in 1931, $1,166.
There is of course no way to determine to what extent the scales con-
tained in the Code as recommended will bring about an increase in
pay roll.
FINDINGS

The Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section VII and subsection (b) of Section X
thereof; and that
(b) The applicant groups impose no inequitable restrictions on
admission to membership therein and are truly representative of the
Blouse and Skirt Manufacturing Industries; and that
(c) The Code as recommended is not designed to promote monopo-
lies or to eliminate or oppress small enterprises, and will not operate
to discriminate against them, and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act. It is recom-
mended, therefore, that this Code be approved.
Respectfully,
HUGH S. JOHNSON,
Admin istrator.












CODE OF FAIR COMPETITION


FOR THE
BLOUSE AND SKIRT MANUFACTURING INDUSTRIES

PURPOSE
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Blouse and Skirt Manufacturing Indus-
tries, and shall be the standard of fair competition for such in-
dustries and shall be binding upon every member thereof.

ARTICLE I-DEFINITIONS

1. The term "Blouse Industry as used herein includes the manu-
facture and sale by the manufacturer, contractor, or jobber as such
terms are defined in Section 7, 8, and 9 of this Article, of women's,
misses', and children's blouses, blousettes, waists, vestees, gilets, tunic
blouses, and guimpes, when not sold as part of an ensemble or suit,
irrespective of the manner of distribution thereof, and such other
related branches of the industry as the President, after such notice
and hearing as he may prescribe, may include under the provisions
of this Code.
2. The term Skirt Industry as used herein includes the manu-
facture and sale by the manufacturer, contractor, or jobber as such
terms are defined in Sections 7, 8, and 9 of this Article, of women's
and misses' skirts and jumper skirts, when not sold as part of an
ensemble or suit, irrespective of the manner of distribution thereof,
and such other related branches of the industry as the President,
after such notice and hearing as he may prescribe, may include under
the provisions of this Code.
3. The Administrator, after such notice and hearing as he shall
prescribe, may make exemption from or modify the definitions of
the industries in order to coordinate the administration of this Code
with the administration of the code of any other industry engaged
in the manufacture and sale of women's, misses', or children s apparel.
4. The term "employee as used herein includes any one engaged
in the industries in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
5. The term "employer" as used herein includes all those by
whom any such employee is compensated or employed.
6. The term "member of the industry includes anyone engaged
in the industries as above defined, either as an employer or on his
own behalf.
(610)






611


7. The term "manufacturer" as used herein includes, without
limitation thereto, all those who manufacture garments in the indus-
tries from their own material, in a factory or establishment main-
tained and operated by them.
8. The term "jobber" as used herein includes without limitation
thereto all those for whom and/or under whose direction or orders
garments in the industries are manufactured, in whole or in part, by
contractors and/or other manufacturers, and who also act as whole-
sale distributors of such garments.
9. The term "contractor" includes without limitation thereto, all
those who manufacture garments in the industries from material pro-
vided for them by manufacturers, jobbers, or others.
10. The term "effective date as used herein shall mean and this
Code shall become effective on the first Monday after this Code shall
have been approved by the President of the United States.
11. Population for the purposes of this Code shall be determined
by reference to the latest Federal Census.
12. The terms "Act" and "Administrator" as used herein shall
mean, respectively, Title I of the National Industrial Recovery Act
and the Administrator for Industrial Recovery.
ARTICLE II-HouRS OF LABOR
1. No employee .hall be permitted to work in the manual or me-
chanical processes of manufacture in excess of thirty-five (35)
hours in any one (1) week or more than seven (7) hours in any
twenty-four (24) hour period, except as hereinafter provided.
2. No employee shall be permitted to work in the manual or me-
chanical proce'-ses of manufacture for more than five (5) days in
any seven (7) day period, unless permitted by the Code Authority
under special circumstances.
3. All other employees shall not be permitted to work in excess
of forty (40) hours in any one (1) week.
4. The Code Authority, subject to review by the Administrator,
may designate the hour before which work shall not begin, and the
hour after which work shall cease, and may determine in which
localities these regulations shall apply.
5. There shall be no more than one (1) shift of employees in any
one (1) day. The Administrator, upon showing and -after such
notice and hearing as he shall prescribe, may grant such exceptions
to this provision as he may deem necessary to effect the purposes
of the Act.
6. The Code Authority may allow employees to work overtime for
sixteen (16) weeks in any one (1) year, provided that in no case
shall the number of hours of overtime worked by any one (1) em-
ployee exceed five (5) hours in any one (1) week or one (1) hour
in any one (1) day; and provided further that all overtime shall be
paid for at the rate of time and one half.
7. The Code Authority, with the approval of the Administrator,
may authorize additional weeks of overtime beyond that specifically
provided for by Section.6 of this Article, provided that in no case
shall employees engaged in the manual or mechanical processes of
manufacture be permitted to work in excess of forty (40) hours in
any one (1) week.
202822--296-112-34_-2






612

8. The provisions of this Article shall not apply to executives
and/or heads of departments receiving more than thirty-five dollars
($35.00) per week; nor to outside salesmen.
9. No member of the industry shall knowingly engage any em-
ployee for any time which when totaled with that already performed
with another member, or members, of the industry, exceeds the maxi-
mum permitted herein.
10. Any member of the industry who is himself engaged in the
manual or mechanical processes of manufacture shall be subject to
the provisions of this Code as to hours of labor.

ARTICLE III-1WAGES

1. Except as hereinafter provided, this Article establishes mini-
mum rates of pay which shall apply, irrespective of whether an
employee is actually compensated on a time rate, piecework, or other
basis.
2. No employee shall be paid at less than the rate of fourteen
dollars ($14) per week in cities over 250,000 population nor less than
at the rate of twelve dollars ($12.00) per week in cities or places of
250,000 population or less, except as hereinafter provided.
3. Employees performing duties of the occupations enumerated
in the following schedules shall be paid at not less than the rate
set forth for each occupation for each hour or each full week's work
of thirty-five (35) hours:

A. BLOUSE INDUSTRY SCALES

(1) In Yew York City:
Operator ------------------------------------ $0.60 per hour
Ironers--_--------------------------------- .50 per hour
Machine Cutters----- ---------------- ----- 36.00 per week
Finli s------------------------------------ 16. 00 per week
Clenners and examiners----------------------- 15.00 per week
(2) In cities over 250,000 population, accepting New York City:
Operators-------------------------.---------- $0.54 per hour.
Ironers- ______________________________________ .45 per hour.
Mnchine Cutters-------_-------------------_ 32.40 per week.
Fiuishers ----------------------------------- 14.40 per week.
linersrs and examiners----------------------- 14.00 per week.
(3) In c-fit-, or places of 250,000 population or less:
Operators -------___-------_.--------_ $0. 45 per hour.
Irners .--------------------------------------_ 40 per hour.
Machine Cutters ----------------------__ _____ 31.00 per week.
Finishers -----------------.------__-__-__-__ __ 12.00 per week.
C'len neis and examiners----------------------_ 12.00 per week.

B. SKIRT INDUSTRY SCALES
(1) In Yew York City:
Operators --------__ --__ _..___.-___.______s.. $0. 70 per hour.
Pressers -----------------________---- .80 per hour.
Machine (utter ------------------------------- 33.00 per week.
Finishers -.-------------._. ___________.----__ 16.00 per week.




.1






613


(2) Outside of New York City:
Operators _____----_. _-- ______-------_ $0.60 per hour.
Presscrs ------- ____------------------______ .68 per hour.
Machine Cutters-------------------------____ -. 00 per week.
Finislhcrs -------_______--------------__ 13. 60 per week.
4. No employee whose normal full time weekly hours for the four
(4) weeks ending on the effective date of this Code are reduced by
less than twenty percent (20%) shall have his full-time weekly
earnings reduced. Employees whose full-time weekly Ihours are
reduced by more than said twenty percent (20%c) shall have his or
her said earnings equitably adjusted. Nothing herein contained
shall relieve any member of the industry from paying the minimum
wage rates established in this Code.
5. The Code Authority, upon the adoption of this Code, shall
make a thorough study for the purpose of introducing an apprentice
system into the industries, taking into consideration the school and
other requirements of the respective States. On the basis of this
study the Code Authority shall, within sixty (60) days of the effec-
tive date of this Code, make recommendations to the Administrator
for provisions for apprentice systems which, upon approval by the
President, after such notice and hearing as he shall prescribe, shall
become a part of this Code. Pending the incorporation of such pro-
visions in this Code, no member of the industry shall employ as
learners more than ten percent (10%) of the total number of
employees employed by him in the manual or mechanical processes
of manufacture in any factory or establishment and such learners
shall be paid at not less than at the rate of eleven dollars ($11.00)
per week.
6. Employees who.N e earning capacity is limited because of age,
physical or mental handicap, may be employed on light work at a
wage below the minimum established by this Code; provided that
such employees shall be paid not less than other employees in the
same factory or establishment in proportion to the amount or char-
acter of the work done; that none of such employees be paid less
than at the rate of fourteen dollars ($14.00) per week in cities of
over 250,000 population, nor less than at the rate of twelve dollars
($12.00) per week in cities or places of 230,000 population or less;
and that the total number of such employees shall not exceed ten per-
cent (10 .) of the total number of employees engaged in the manual
or mechanical processes of manufacture in a factory or establish-
ment. of any member of the industry. Members of the industry shall
report monthly to the Code Authority the names of those employees
included in this class, and the reason justifying such employment.
The Code Authority shall report to the Administrator within three
(3) months and from time to time as to the operation of this pro-
vision, both generally and in cases of individual hardship, and the
Administrator on due showing, after such notice and hearing as he
may prescribe, may grant exceptions thereto in order to effect the
purposes of the Act.
7. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
8. All manufacturers and/or jobbers who cause their garments
to be made by contractors shall adhere to the payment of rates for





614


such production in an amount sufficient to enable the contractor to
pay the employees the wages and earnings provided in this Code
and in addition a reasonable payment to the contractors to cover
overhead.
ARTICLE IV-GENERAL LABOI PROVISIONS

1. No person under sixteen (16) years of age shall be employed
in the industries, nor anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimental to
health. The Code Authority shall submit to the Administrator
before February 1, 1934, a list of such occupations. In any state
a member of the industry shall be deemed to have complied with
this provision if lie shall have on file a certificate or permit duly
issued by the Authority in such State empowered to issue employ-
ment or age certificates or permits, showing that the employee is of
the required age.
2. Employees shall have the right to organize and bargain col-
lectively, through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from joining, organizing, or assisting a labor organization of his
own choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers, regu-
lating the age of employees, wages, hours of work, health, fire pro-
tection, or general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the Act.
7. Each employer shall post in conspicuous places accessible to
employees Articles II, III, and IV of this Code.
8. No home work shall be permitted by members of the industries.
ARTICLE V-ADMINISTRATION

A Code Authority is hereby constituted to cooperate with the
Administrator in the administration of this Code.
1. Organization and Consitlution of the Code Authority.-(a) The
Code Authority shall consist of twelve (12) members. Four (4) of
these members shall be selected by the National Association of Blouse
Manufacturers, Inc. Four (4) of these shall be selected by the Na-
tional Skirt Manufacturers' Association, Inc. Two (2) of these
members shall be appointed by the Administrator on the nomination
of the Labor Advisory Board of the National Recovery Administra-
tion, and shall serve without expense to the industry. The Admin-
istrator, upon due showing and after such notice and hearing as he
may prescribe, may appoint two (2) additional voting members to





615


represent members of the industries who are not members of the
aforesaid associations, but who are entitled to participate in the
selection of the Code Authority. In addition thereto, the Admin-
istrator may also appoint two (2) mrneibers without vote for terms
of from six (6) months to one (1) year to represent the National
Recovery Administration. Such members appointed by the Admin-
istrator shall be given notice of and, together with the Administrator,
may sit at all meetings of the Code Authority.
(b) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall: (1) impose no inequitable restrictions on membership, and (2)
submit to the Administrator true copies of its articles of association,
bylaws, regulations, and any amendments, when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
(c) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
(d) The Code Authority shall adopt bylaws and shall furnish
to the Administrator true and correct copies of the bylaws and all
amendments thereto immediately upon their adoption, together with
true and correct copies of all rules and regulations which may be
adopted by the Code Authority and true and correct minutes of all
of its meetings, all certified by the Secretary of the Code Authority.
(e) Members of the industry who assent to this Code through-
membership in the National Association of Blouse Manufacturers,
Inc., or the National Skirt Manufacturers Association, Inc., or
otherwise, shall be entitled to participate in the selection of the
Code Authority and the benefits of its activities, as herein set forth,
by complying with this Code and paying their reasonable share
of the expense of maintaining the Code Authority and its activities
on the basis of volume of business and/or such factors as may be
deemed equitable.
2. The Code Authority shall have the following further powers
and duties, subject to the right of the Administrator on review to
disapprove any action taken by the Code Authority, if he shall
find that such action is unfair to any private interest or contrary
to the public interest or the purposes of the Act:
(a) To elect officers and to assign to them such duties as it may
consider advisable, and to provide rules for its procedure and its
continuance as the administrative agency of this Code, in accord-
ance with the terms of the Act and the principles herein.
(b) To receive, investigate, and to cooperate with the Administra-
tor in the adjustment of complaints of violations of this Code and
to make recommendations in respect thereto to the proper authorities
for the prosecution of such violations.
(c) To use the National Skirt. Manufacturers Association, Inc.,
and the National Association of Blouse Manufacturers, Inc., and/or






616


other agencies as it deems proper for the carrying out of any of
its activities provided for herein, and to pay such associations
and/or other agencies the cost thereof, provided that such associa-
tions and,or agencies shall at all times be subject to and comply
with the provisions of this Code, and provided further, that noth-
ing herein shall relieve the Code Authority of any of its duties and
responsibilities hereunder.
(d) To obtain through a confidential agency from members of
the industry periodical reports in such form and at such times with
respect to wages, hours of labor, conditions of employment, number
of employees, and such other matters pertinent to the purposes of
this Code as the Code Authority, with the approval of the Ad-
ministrator, may require for the administration and enforcement
of this Code, and to submit reports to the Administrator in such
form and at such times as he may require in order that the Presi-
dent may be informed as to the observance or nonobservance of this
Code and to further effectuate the policies of the Act.
The Confidential Agency shall be in no way engaged in the in-
dustry nor connected with any member thereof, and all reports re-
ceived by it shall be held as secret and confidential, except that they
shall be made available to the Administrator. Such agency shall
analyze, digest, and consolidate such reports and shall disclose only
general findings based thereon.
Such general findings shall be made available to the Code Author-
ity, to the members of the National Association of Blouse Manufac-
turers, Inc., and the National Skirt Manufacturers Association, Inc.,
and to any other members of the industry who are entitled to par-
ticipate in the activities of the Code Authority.
(e) To provide for the establishment and distribution of an N.R.A.
label to those members of the industry who are entitled to.participate
in the selection of the Code Authority.
(f) To coordinate the administration of this Code with such other
Codes, if any, as may be related to the industries herein, or any sub-
division thereof, with a view to promoting joint and harmonious
action upon such matters of common interest.
(g) To provide ways and means for financing the operation of
said Code Authority and to determine an equitable method of ap-
portioning in the industry the cost of administering this Code.
Money raised in any .manner shall not exceed in amount such
reasonable cost.
(h) To investigate complaints of unfair competition which arise
out of the wage differentials provided in this Code, and to make
recommendations to the Administrator for such modification of these
differentials as it deems necessary in order to eliminate unfair compe-
tition in the industry. Such recommendations, upon approval by the
Administrator after such hearing and notice as he may prescribe,
shall become a part of this Code.
(i) To initiate, consider, and make recommendations for the
modification or amendment of this Code.
3. In addition to the information required to be submitted to the
Code Authority, there shall be furnished to government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.






617


4. The Code Authority shall make investigation into the problem
of style piracy, and make recommendations in connection therewith
to the Administrator within sixty (60) days after the effective date
of this Code.

ARTICLE VI-LABELS

All garments manufactured or distributed subject to the provisions
of this Code shall bear an NRA label to symbolize to purchasers of
said garments the conditions under which they were manufactured.
Under the powers vested in him by Executive Order of October 14,
1933, and under grant, of the necessary authority by the Adminis-
trator, the Code Authority shall have the exclusive right in this
industry to issue and furnish said labels to the members thereof.
Each label shall bear a registration number especially assigned to
each employer by the Code Authority and remain attached to such
garment when sold to the retail distributor. Any and all employers
may apply to the Code Authority for a permit to use such NRA
label, which permit to use the label shall be granted to them, but only
if and so long as they comply with this Code. The Code Authority
subject to approval by the Administrator, shall establish rules and
regulations and appropriate machinery for the issuance of labels
and the inspection, examination, and supervision of the practices of
employers using such labels in observing the provisions of this Code
for the purpose of ascertaining the right of said employer to the
continued use of said labels; of protecting purchasers in relying on
said labels; of insuring to each individual employer that the sym-
bolism of said label will be maintained by virtue of compliance with
the practices herein contained by all other employers using said
label.
The charge made for such labels by the Code Authority shall at
all times be subject to supervision and orders of the Administrator
and shall be not more than an amount necessary to cover the actual
reasonable cost thereof, including actual printing, distribution, and
administration and supervision of the use thereof as hereinabove set
forth.
ARTICLE VII-TRADE PRACTICES

The following practices constitute unfair methods of competition
for members of the industry and are prohibited:
(a) False Marking or Branding.-The false marking or branding
of any product of the industry which has the tendency to mislead
or deceive customers or prospective customers, whether as to the
grade, quality, quantity, substance, character, nature, origin, size,
finish, or preparation of any product of the industries, or otherwise.
(b) Misrepresentation or False or Misleading Advertising.-The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industries, or otherwise having the tend-
ency or capacity to mislead or deceive customers or prospective
customers.





618


(c) Commercial Bribery.-No member of the industry shall give,
permit to be given, or directly offer to give anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or representative, of another in relation to the business of the
employer of such employee, the principal of such agent, or the rep-
resented party without the knowledge of such employer, principal,
or party. Commercial bribery provisions shall not be construed to
prohibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
(d) Interference with Contractual Relations.-Maliciously induc-
ing or attempting to induce the breach of an existing oral or writ-
ten contract between a competitor and his customer or source of
supply or interfering with or obstructing the performance of any
such contractual duties or services.
(e) Secret Rebates.-The secret payment or allowance of rebates,
refunds, extra dating, commissions, credits, or unearned discounts,
whether in the form of money or otherwise, or the secret extension
to certain purchasers of special services or privileges not openly
extended to all purchasers on like terms and conditions.
(f) Defamation.-The defaming of competitors by falsely im-
puting to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by the false disparagement of the
grade or quality of their goods.
(g) Threats of Litigation.-The publishing or circularizing of
threats of suits for infringement of patents or trade marks or
any other legal proceedings not in good faith with the tendency or
effect of harassing competitors or intimidating their customers.
(h) Espionage of Competitors.-Securing confidential informa-
tion concerning the business of a competitor by a false or mislead-
ing statement or representation, by a false impersonation of one in
authority, bribery, or by any other unfair method.
(i) Consignment Merchandise.-Selling on consignment or memo-
randum except under such regulations as may be adopted by the
Code Authority with the approval of the Administrator after such
notice and hearing as he shall prescribe.
(j) Terms.-It shall be unfair trade practice to sell merchandise
at a cash discount in excess of eight per cent (8%) ten (10) days
E.O.M. (end of month) except that merchandise shipped after the
twenty-fifth (25th) day of any month may be dated as of the first
(1st) day of the following month. Anticipation shall not be allowed
at a rate in excess of six percent (6%) per annum.
(k) Labels.-Shipping any orders with labels imprinted with the
customer's name or mark unless customer supplies same or pays the
cost thereof.
(1) Unjust Returns.-No member of the industries shall accept
for credit returned merchandise except for defects in manufacture,
delay in delivery, errors in shipment, or failure to conform to speci-
fications. No returned merchandise shall be accepted for credit if
returned after five (5) days from date of receipt by customer except
on account of failure to conform with specifications or on account of
defects in manufacture not discoverable by reasonable inspection.
No member of the industry shall accept for credit any return mer-






619


chandise which is not accompanied by a written statement contain-
ing the reasons for such return. Further recommendations on this
subject may be made by the Code Authority to the Administrator
and upon his approval after such notice and hearing as he shall
prescribe shall become a part of this Code.
(m) 1. Selling Be,,,w, Co.:t.-No member of the industries shall sell
any article at a price below cost calculated as hereinafter provided.
Any member of the industry may meet the price of any other mem-
ber of the industry whose cost under this provision is lower and may
sell dropped lines or distre.-s merchandise below such cost, provided
that the facts regarding such sales shall be reported immediately to
the Code Authority. The Code Authority may make recommenda-
tions to the Administrator for the adoption of a standard cost sys-
tem which upon the approval of the Administrator after such notice
and hearing as he shall prescribe shall become a part of this Code.
Thereafter cost under this Article shall be determined in accordance
with formulae enumerated in such cost system.
2. Upon the recommendation of the Code Authority, and with the
approval of the Administrator after such notice and hearing as he
may prescribe, a uniform order blank shall be used by members of
the industry and it shall be an unfair trade practice for anyone en-
gaged in the industry to sell to a purchaser without using such
uniform order blank.
3. No member of the industry shall knowingly withhold from or
insert in any quotation or invoice any statement that makes it incor-
rect in any material particular.
4. No member of the industry shall use any subterfuge to evade
the provisions of this Code.
5. Other Unfair Practices.-Nothing in this Code shall limit the
effect of any adjudication by the courts or holding by the Federal
Trade Commission on complaint, finding, and order that any prac-
tice or method is unfair, providing that such adjudication or holding
is not inconsistent with any provision of the Act or of this Code.
6. Further recommendations to the Code Authority on unfair
trade practices may be presented for its consideration by the Na-
tional Association of Blouse Manufacturers, Inc., and the National
Skirt Manufacturers Association, Inc., and the Code Authority may
make proposals in connection therewith or additional recommenda-
tions for trade-practice provisions to the Administrator, which pro-
posals, after such notice and hearing as the Administrator may pre-
scribe shall, upon his approval, become part of this Code.

ARTICLE VIII-MONOPOLIES

This Code shall not be construed or applied to promote or permit
monopolies or monopolistic practices or to eliminate or oppress small
enterprises or to discriminate against them.
ARTICLE IX-MODIFICATIONS

1. This Code and all provisions thereof are expressly made subject
to the right of the President, in accordance with the provisions of
subsection (b) of Section 10 of the National Industrial Recovery






620


Act, from time to time to cancel or modify any order, approval
license, rule or regulation issued under Title I of said Act and
specifically, but without limitation, to the right of the President to
cancel or modify his approval of this Code or any conditions imposed
by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modifications to be based upon application to the Administrator, and
such notice and hearing as he shall specify, and to become effective
on approval of the President.

ARTICLE X-GENERAL

1. Any employer who at any time or times shall manufacture any
article or articles within the provisions of this Code shall be bound
by all the provisions of this Code as to all employees engaged in
whole or in part in such manufacture. In case any employee shall
be engaged partly in such manufacture and partly in the manufac-
ture of goods of another character, this Code shall apply to such
portions of such employee's time as is applied to the manufacture of
such articles covered by this Code.
Approved Code No. 194.
Registry No. 210-01.


































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