Approved Code No. 457 Registry No. 213-1-05
. NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CAP AND CLOTH HAT
AS APPROVED ON JUNE 5, 1934
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Approved Code No. 457
Registry No. 213-1-05
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Approved Code No. 457
CODE OF FAIR COMPETITION
CAP AND CLOTH HAT INDUSTRY
As Approved on June 5, 1934
CODE OF FAIR COMPETITION FOR THE CAP AND CLOTH HAT INDUSTRY
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 approval of a Code of
Fair Competition for the Cap and Cloth Hat Industry, and hearings
having been duly held thereon and the annexed report on said Code.
containing findings with respect thereto, having been made and
directed to the President:
NOW THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Pres-
ident, including Executive Order No. 6543-A, dated December 30
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
HunG S. JOHNsON,
Administrator for Industrial Recovery.
SoL A. ROSEN BLArT,
Division Ad ninistrator.
June 5, 1934.
REPORT TO THE PRESIDENT
The White Hoase.
SIR: The Public Hearing on the Code of Fair Competition for
the Cap and Cloth Hat Industry as proposed by the National Cap
and Cloth Hat Institute was conducted in Washington, D.C., on
August 17, 1933, in conjunction with the Hearing on the Proposed
Codes for the Hat Manufacturing Industry and Hat Supplies
Every person who requested an appearance was fairly heard in
accordance with regulations of the National Recovery Administra-
tion. The Code has the approval of the Labor, Industrial, and
Consumers' Advisory Boards of the National Recovery Adminis-
tration, and of the Legal Division. The Code Committee of the
Cap Association of the United States, Incorporated, which Asso-
ciation represents a merger of the National Association of Cap
Manufacturers, Incorporated, and of the National Cap and Cloth
Hat Institute has given assent on behalf of the Industry to the
final draft of the Code.
The Industry as defined in the Code includes the manufacture
of caps and/or cloth hats of any and all description, including
uniform caps, aviation caps, hunting caps, helmets, sport and golf
caps, baseball caps, shop caps, and railroad caps, manufactured
from cloth, leather and leatherette, or any combination or substi-
tutes for said materials.
The main centers of the Industry are New York, Philadelphia
St. Louis, Chicago, Boston, Cleveland, Minneapolis, St. Paul and
Seattle. The establishments are small and highly competitive. Over
half of the wage earners work in plants that employ not more than
twenty (20) workers each. Of the five hundred seventy-six (576)
establishments reported by the United States Census Bureau in
1929, only one employed more than one hundred (100) workers.
About sixty percent (60%) of the workers are men. The workers
belong to the highest sldlled crafts, such as cutters, blockers and
operators. In general, there is not much unskilled labor in the
Although the value of production in the Industry declined from
$34,158,155. in 1929, to $17,000,000. in 1932, the decline in employ-
me nt has only been from 5,826 in 1929, to 4,000 in 1932.
The Cap Association of the United States, Incorporated, represents
approximately ninety percent (90%) in value of the total production
of cap and cloth hats in the United States, and approximately 3,500
of the 4,000 employees. The non-members of the Association, the
number of whom is not actually known, produce only a negligible
volume of business. The membership of the Association numbers
805. There are no other known associations of cap and cloth hat
RESUME OF THE CODE
Article I gives the purposes of the Code.
Article II sets forth certain definitions.
Article III contains the maximum hour provisions of the Code.
Article IV establishes the minimum wage for all employees em-
ployed in the Industry.
Article V sets forth the general labor provisions.
Article VI provides for the organization of the Code Authority
and defines its powers and duties.
Article VII provides for the use of N. R. A. labels in the Industry.
Article VIII deals with sales below cost.
Article IX provides for the modification of the Code.
Article X states that the Code shall not permit monopolies.
Article XI deals with price increases.
Article XII specifies the effective date.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervi-
sion, by eliminating unfair competitive practice, by promoting the
fullest possible utilization of the present productive capacity of in-
dustries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said industry normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
aforesaid industry; and that the said association imposes no inequi-
table restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will net eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons the Code has been approved.
Hucir S. JoHNSON,
JUIE 5, 1934.
CODE OF FAIR COMPETITION FOR THE CAP AND
CLOTH HAT INDUSTRY
To effectuate the policy of Title I of the National Industrial Re-
covery Act the following provisions are established as a Code of
Fair Competition for the Cap and Cloth Hat Industry, and shall be
the standard of fair competition for such Industry and shall be bind-
ing upon every member thereof.
SECTON 1. The term Cap and Cloth Hat Industry" as used
herein includes the manufacture and production in whole or in part
of caps and. or cloth hats of any and all description, including, but
without limitation, uniform caps, aviation caps, hunting caps,
helmets, sport and golf caps, baseball caps, shop caps, and railroad
caps manufactured from cloth, leather or leatherette, or any combi-
nations of the said materials, including the manufacture of cap
visors, bands, brims, and sweat bands other than leather, and such
branches or subdivisions of the Industry as may from time to time
be included under the provisions of this Code.
SECTION 2. The term employee as used herein includes any per-
son engaged in any phase of the Industry, in any capacity, receiving
compensation for his services, irrespective of the nature or method
of payment of such compensation, except a member of the Industry.
SECTION 3. The term employer as used herein includes any
one by whom such an employee is compensated or engaged.
SECTION 4. The term member of the Industry as used herein
includes any person, firm, or corporation engaged in the Industry,
either as an employer or on his or its own behalf and either as
manufacturer or contractor.
SECTION 5. The term "contractor" as used herein includes any
person employing manufacturing labor and operating in a regular
place of business who manufactures or produces in whole or in part
for the account of another any products manufactured by the
Industry as defined above and.or any part thereof that may be
necessary to finish or complete any such products.
SETION- G. The term "Association as used herein shall mean the
Cap Association of the United States, Inc.
SECTION 7. The terms President. ". "Act ", and "Administrator"
as used herein mean respectively tile President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
SECTION 1. Except as heceiniiafter provided, no employee shall be
permitted to work in excess of forty (40) hours in any one week,
nor in excess of eight (8) hours in any twenty-four (24) hour period.
SECTION 2. No manufacturing operations shall be performed on
any Saturday or Sunday except that the Code Authority, subject
to prior approval by the Administrator, may permit manufacturing
operations on any Saturday of a week in which there is a religious
or legal holiday. In no event shall any manufacturing operations be
performed during more than five (5) days during any one (1) week.
SECTION 3. The provisions of this Article shall not apply to out-
side salesmen, nor to persons employed in a managerial or executive
capacity who earn not less than thirty-five ($35.00) dollars per week.
SECTION 4. The provisions of this Article shall also apply to all
employers and members of the Industry insofar as they themselves
perform the work of employees.
SECTION 5. Subject to approval by the Administrator the Code.
Authority shall designate the hour before which work shall not begin
and the hour after which work shall not continue. Such opening and
closing hours need not be uniform throughout the country, but may
be varied to meet varying needs and conditions.
SECTION 6. No employer shall knowingly permit any employee to
work for any time which, when added to the time spent at work for
another employer or employers in this Industry, exceeds the maxi-
mum permitted herein.
SECTION 1. Except as hereinafter provided no employee shall be
paid less than at the rate of thirty-two and one-half cents (321/2)
SECTION 2. No employee engaged in cutting, blocking, operating,
or lining making and employed in the Eastern Area as hereinafter
defined sh-all be paid less than at the rate of fifty-five cents (550)
SECTION 3. No employee engaged in cutting, blocking, operating,
or lining making and employed in the Western Area as hereinafter
defined shall be paid less than at the rate of thirty-seven and one-
half cents (371,.2) per hour.
SECTION 4. For the purposes of this Code the term Eastern Area"
is defined to include the States of Maine, New Hampshire, Vermont,
Rhode Island, Massachusetts, Connecticut, New York, New Jersey,
Pennsylvania, Maryland and Delaware, and the term "Western
Area" is defined to include all other places in the United States.
The Code Authority may recommend to the Administrator such mod-
ifications of the definitions of the terms Eastern Area and West-
ern Area" as it may deem advisable and such recommendations upon
the approval of the Administrator, after such notice and hearing as
he may require, shall become effective as part of this Code.
SECTION 5. No employee engaged as an apprentice shall be paid
less than at the rate of twenty-five cents (250) per hour during the
first six (6) weeks of employment in the Industry and thereafter
less than at the minimum rate herein provided. If the operation
at which any apprentice is engaged is piece-work and the amount
earned at the piece-work rate is more than the minimum apprentice
wage hereby established, such apprentice shall be paid on such piece-
work basis. The period of apprenticeship shall not exceed six (6)
weeks and any time worked by an apprentice in the Industry shall
be deemed a part of such apprenticeship period, whether such time
is worked continuously or in more than one shop or for more than
one employer. The number of apprentices engaged by any one em-
ployer shall at no time exceed ten percent (10%) of the total num-
ber of employees engaged in manufacturing operations in the employ
of such employer. The Code Authority, subject to the approval of
the Administrator, may limit the total number of apprentices en-
gaged by any one employer in any one (1) year.
SECTION 6. Tlhis Article establishes a minimum rate of pay which
shall apply irrespective of whether an employee is compensated on a
piece-rate, time-rate or other basis.
SECTION 7. Unless the Administrator otherwise directs, no em-
ployer shall reduce the weekly compensation for employment now
in excess of the minimum wages established herein, notwithstanding
that the hours worked in such employment may hereby be reduced.
AnnTCLE V-GENERAL LABOR PROVISIONS
SECTION 1. No person under eighteen (18) years of age shall be
employed in the Industry at operations or occupations hazardous-in
nature or detrimental tohealth. No person under sixteen (16) years
of age shall be employed in the Industry in any capacity. In any
State any employer shall be deemed to have complied with this pro-
vision as to age if he shall have on file a certificate or permit, duly
signed 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.
SECTION 2. Employees shall have the right to organize and bar-
gain collectively, through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of such represen-
tatives or in self-organization or in other concerted activities for the
purpose of collective bargaining or other mutual aid or protection.
SECTION 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 organiza-
tion of his own choosing.
SECTION 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.
SECTION 5. No employer shall reclassify employees or duties of
occupations performed for the purpose of defeating the provisions
of the Act or of this Code.
SECTION 6. Every employer shall provide for the safety and health
of his employees at the place and during the hours of their employ-
ment. The Code Authority shall recommend to the Achninistrator
minimum standards for the safety and health of employees in this
Industry within six (6) months after the effective date of this Code
which minimum standards, upon the approval of the Administrator,
shall become effective provisions of this Code.
SECTION 7. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
SECTION 8. All employers shall post and keep posted complete
copies of Article III, IV and V of this Code in conspicuous places
accessible to employees, and shall comply with all the rules and
regulations relative to posting which may from time to time be pre-
scribed by the Administrator.
SECTION 9. No member of the Industry shall modify established
practices or privileges so as to shorten vacation periods, leaves of
absences, or temporary absences from work heretofore granted to
SECTION 10. No member of the Industry shall contract out any
manufacturing or production work for performance in the home
or in any part of the living quarters of any employee.
SECTION 11. Female employees performing substantially the same
work as male employees shall receive the same rates of pay as male
SECTION 1. A Code Authority is hereby established and constituted
(a) Nine (9) representatives of the Industry, or such other number
as may be approved from time to time by the Administrator, shall
be selected as hereinafter in this sub-section provided, in a manner
to be approved by the Administration.
Eight (8) of such members of the Code Authority shall be selected
by the Cap Association of the United States, Inc. Of these, four
(4) members of the Code Authority shall be elected by representa-
tives from the Eastern Area as defined in Section 4 of Article IV
of this Code and four (4) members shall be elected by representatives
from the Western Area as defined in said Section 4, of Article IV of
One (1) member shall be selected by members of the Industry
not members of the said Cap Association of the United States, Inc.,
at such time and in such manner as shall be approved by the
(b) Two (2) members may be appointed by the Administrator on
the nomination of the Labor Advisory Board of the National Recov-
(c) Such additional members, without vote, not to exceed three (3),
may be appointed by the Administrator to represent such groups or
interests or such governmental agencies and for such periods as he
SECTION 2. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the 'Code Au-
thority shall (1) impose no iriequitable restrictions on membership
and (2) submit to the Administrator true copies of its articles of
association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
SECTION 3. In order that the Code Authority shall at all times
be truly representative of the Industry and in other respects com-
ply with the provisions of the Act, the Adminstrator may prescribe
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 of the Code Authority.
SECTION 4. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer, agent, or employee
of the Code Authority. Nor shall any member of the Code Author-
ity be liable to any one for any action or omission to act under the
Code, except for his wilful malfeasance or non-feasance.
SECTION 5. If the Administrator shall determine that any action
of a Code Authority or any agency thereof may be unfair or un-
just or contrary to the public interest, the Administrator may re-
quire that such action be suspended, to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty days' notice to him of intention to
proceed with such action in its original or modified form.
SEcTION 6. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provi-
sions of this Code.
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of the Industry with the provisions of
the Act: Provided, however, that this shall not be construed to de-
prive duly authorized governmental agencies of their power to en-
force the provisions of this Code or of the Act.
(b) To adopt a constitution, by-laws and rules and regulations
for its procedure and for the administration of this Code, and to
submit the same to the Administrator for his approval, together
with true copies of any amendments or additions when made thereto,
minutes of meetings when held, and such other information as to its
activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
(c) To obtain front members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the Industry subject to this Code shall furnish
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act to such
Federal and State agencies as he may designate; provided that
nothing in this Code shall relieve any member of the Industry of any
existing obligations to furnish reports to any Government agency.
No individual report shall be disclosed to any other member of the
Industry or any other party except to such other Governmental
agencies as may be directed by the Administrator and/or as may
otherwise be required by the law.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein and to pay such trade associations and agencies the cost there-
of, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the coor-
dination of the administration of this Code with such other Cudes,
if any, as may be related to or affect members of the InduAtrv.
(f) To appoint a trade practice committee which shall meet with
the trade practice conmnittees appointed.l under c\r:lh other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationships between production and
distribution employers under this Code and under such others to the
end that such fair trade practices may be proposed to the Adminis-
trator as amendments to this Code and such other Codes.
(g) To establish or dutsignate an agei cy on planning and fair
practice which shall cooperate with the Code Authority in develop-
ing fair trade practices and industrial planning, including the
regularization and stabilization of employment for the Industry.
(h) To create an Industrial Relations Committee to handle both
labor complaints and labor disputes. such Committee to be estab-
lished in accordance with rules and regulations prescribed by the
(i) To initiate, consider, and make recomnmern nations for the mod-
ification or amendment of this Code which shall become effective
as a part of this Code when approved by the Administrator after
such notice and hearing as he may specify.
(j) To cause to be formulated an accounting system and methods
of cost finding and/or estimating adaptable fur use by all members
of the Industry. Upon approval by the Administrator, after such
system and methods have been formulated, full details concerning
them shall be made available to all members. Thereafter, all mem-
bers shall determine and/or estimate costs in accordance with the
principles of such methods.
(k) To make recommendations, which upon the approval of the
Administrator shall become effective as a part of this Code, for the
regulation and disposal of distress merchandise.
(1) To make recommendations, which upon the approval of the
Administrator shall become effective as a part of this Code, for the
regulation of methods and conditions of purchasing and selling
merchandise and in particular to make recommendations with re-
gard to rebates, ,refunds, allowances, unearned discounts, terms of
credit, misbranding, mismarking and the return of merchandise.
SECTION 7. It being found necessary, in order to support the admin-
istration of this Code and to maintain the standards of fair com-
petition established by this Code and to effectuate the policy of the
Act, the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the Industry, and
to that end, if necessary, to institute legal proceedings therefore in
its own name.
SECTION 8. Only members of the Industry complying with the
Code and contributing to the expenses of its administration as pro-
vided in Section 7 hereof shall be entitled to participate in the selec-
tion of the members of the Code Authority or to receive the benefit
of its voluntary activities or to make use of any emblem or insignia
of the National Recovery Administration.
SECTION 1. All merchandise manufactured or distributed subject
to the provisions of this Code shall bear an N.R.A. label, to symbolize
to purchasers of said merchandise the conditions under which it has
SECTION 2. Under the powers vested in the Administrator by Execu-
tive Order of October 14, 1933, and under grant of the necessary
authority by him, the Code Authority shall have the exclusive right
to issue and sell labels to the members of this Industry.
SECTION 3. Each label shall bear a registration number especially
assigned to each member of the Industry by the Code Authority, and
shall remain attached to all such merchandise when sold and
SEcTION 4. Any and all members of the Industry may apply to the
Code Authority for a permit to purchase and use such N.R.A.
labels, which permit shall be granted to them, and shall not there-
after be withdrawn except in accordance with such rules and regula-
tions as may be prescribed by the Administrator.
SECTrION 5. Subject to the approval of the Administrator, the Code
Authority shall establish rules and regulations and appropriate
machinery for the issuance and sale of labels and the inspection,
examination and supervision of the practices of members of the
Industry using such labels for the purposes of ascertaining the right
of such members of the Industry to the continued use of said labels;
or protecting purchasers in relying on said labels; and of insuring
to each individual member of the Industry that the symbolism of said
label will be maintained by virtue of compliance with the provisions
of this Code by all members of the Industry using said label.
SECTION 6. The charge made for such labels by the Code Authority
shall at all times be subject to supervision and orders of the Admin-
istrator and shall be not more than an amount necessary to cover
the actual reasonable cost thereof, including actual printing and
distribution, administration and supervision of the use thereof as
herein above set forth.
SECTION 7. The application of the provisions of this Article shall
at all times be subject to rules and regulations issued by the Admin-
istrator in respect thereto.
ARTICLE VIII-SALES BELOW COST
No member of the Industry shall sell any merch1i:.ili:ise subject
to the provisions of this Code at a price below his own individual
cost as computed by the uniform cost system provided in Article
VI, Section 6 (j) of this Code when approved by the Administra-
tor; provided, however, that a member of the Industry may sell
at a price below his own individual cost in order to meet the com-
petition of another member who is not himself selling at a price
below his own individual cost, computed on a like basis. This rule
shall not apply to bona fide seasonal clearance -als nor to the sale
of imperfect or actually damaged or distress merchandise.
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accord.: nce with the
provisions of sub-section (b) of Section 10 of the National Indus-
trial Recovery Act, from time to time to cancel or modify any order,
approval, license, rule or regulation issued under Title I of the
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.
SECTION 2. This Code, except, as to the provisions required by
the Act, may be modified on the basis of experience or changes
in circumstances, such modification to be based upon application
to the Administrator and such notice and hearing as he shall spec-
ify, and to become effective on approval by the Administrator.
No provisions of this Code shall be so applied a.; to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrmim-
nate against small enterprises.
ARTICLE XI-PRICE INCREASES
Whereas the policy of the Act to increase real purclhasiing power
will be made more difficult of consummation if prices of goods
and services increase as rapidly as wages2 it is recognized that
price increases except such as may be required to meet individual
cost should be delayed, and when made such increases should, so
far as possible, be limited to actual additional increases in the
ARTICLE XII-EFFECTIVE DATE
This Code shall become effective on the second Monday after
approval by the Administrator.
Approved Code No. 457.
Registry No. 213-1-05.
UNIVERSITY OF FLORIDA
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