Amendment to code of fair competition for the brattice cloth manufacturing industry

Amendment to code of fair competition for the brattice cloth manufacturing industry


Material Information

Amendment to code of fair competition for the brattice cloth manufacturing industry as approved on April 22, 1935
Portion of title:
Brattice cloth manufacturing industry
Physical Description:
7 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Brattices (Mining) -- Law and legislation -- United States   ( lcsh )
Textile fabrics -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


Additional Physical Form:
Also available in electronic format.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 299-45."
General Note:
"Approved Code No. 535--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 005001633
oclc - 688476214
sobekcm - AA00006306_00001
System ID:

Full Text








K j. 17. .____


For sale by the Superintendent of Documents. Washington, D. C.- Price 5 cent

Approved Code No. 535-Amendment No. 1

Registry No. 299-45

This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:

Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Md.: 130 Customhouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Room 1200, 80 Federal Street.
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland, Ohio.: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
Houston. Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville, Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Building.
Providence, R. I.: National Exchange Bank Building, 17 Exchange
St. Louis, Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, 785 Market Street.
Seattle, Wash.: 1730 Exchange Building.

Approved Code No. 535-Amendment No. 1



As Approved on April 22, 1935


An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of amend-
ments to a Code of Fair Competition for the Brattice Cloth Manu-
facturing Industry, and an opportunity to be heard thereon having
been given, and the annexed report on said amendments, containing
findings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate,
by reference, said annexed report and does find that said amend-
ments and the Code as constituted after being amended complies in
all respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does hereby order that
said amendments be and they hereby are approved, and that the
previous approval of said Code is hereby amended to include an
approval of said Code in its entirety as amended.
By W. A. HARRIMAN, Adnzinistrative Officer.
Approval recommended:
Acting Division Administrator.
April ~, 1935.
121055 -1749-56--35 (1


The White House.
SIR: This is a report on amendments to the Code of Fair Competi-
tion for the Brattice Cloth Manufacturing Industry. Notice of
Opportunity to be Heard on these amendments was published on
March 13, 1935; no objections were received within the given twenty
(20) day period ending April 2, 1935. The amendments, which
are attached, were presented by duly authorized and qualified repre-
sentatives of the Industry, complying with statutory requirements,
and being the duly constituted Code Authority under the provisions
of Administrative Order No. 535-4, signed February 8, 1935, which
granted the application of the Industry to elect its own Code Author-
ity rather than operate under the General NRA Code Authority as
set forth in the Code of Fair Competition for this Industry.
These amendments provide for: (1) Establishment of Industry
Code Authority; (2) Mandatory Assessment Provision; and (3)
Classification of Customers. These proposed amendments are stand-
ard provisions.
The Deputy Administrator in his final report to the National
Industrial Recovery Board on the said amendments to the said Code
having found as herein set forth, and on the basis of all the pro-
ceedings in this matter;
The National Industrial Recovery Board finds that:
(a) The amendnlents to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of cooperative action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible util-
ization of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the pertinent
provisions of said Title of said Act, including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7, and sub-
section (b) of Section 10 thereof.
(c) The Code Authority is empowered to present the aforesaid
amendments on behalf of the Industry as a whole.


(d) The amendments and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not oper-
ate 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
For these reasons these amendments have been approved.
For the National Industrial Recovery Board:
AAdministrative Officer.
APRIL 22, 1935.


Delete Article IV of the Code of Fair Competition for the Brat-
tice Cloth Manufacturing Industry, and substitute therefore the

(A) Administration

To further effectuate the policies of the Administration, a Code
Authority is hereby constituted to cooperate with the N. I. R. B. in
the administration of this Code.
The Code Authority shall be constituted as follows and selected
in the following manner:
(1) The Code Authority shall consist of three (3) voting mem-
bers to be selected by a fair method of selection approved by the
N. I. R. B., each member to serve for a term of one year.
(2) In addition to membership as above provided, there may be
three (3) members without vote to be known as Administration Mem-
bers to be appointed by the N. I. R. B., to serve for such terms as
the N. I. R. B. may specify.
(3) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the N. I. R. B. 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 activi-
ties as the N. I. R. B. may deem necessary to effectuate the purposes
of the Act.
(4) 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 N. I. R. B. may prescribe such hearings as
it may deem proper; and thereafter if it shall find that the Code Au-
thority is not truly representative or does not in other respects comply
with the provisions of the Act, may require an appropriate modifica-
tion of the Code Authority.
(5) 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 anyone
for any act of any other member, officer, agent, or employee of the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties hereunder,
be liable to anyone for any action or omission to act under this Code,
except for his own wilful malfeasance or non-fea-ance.
(6) If the N. I. R. B. shall at any time determine that any action
of a Code Authority or any agency thereof may be unfair or unjust

or contrary to the public interest, the N. I. R. B. may require 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 N. I. R. B. approves or unless it shall fail to disapprove
after thirty (30) days' notice to it of intention to proceed with such
action in its original or modified form.
(7) Subject to rules and regulations issued by the N. I. R. B., the
Code Authority shall have the following powers and duties, in addi-
tion to those authorized by other provisions 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.
(b) to adopt By-Laws and Rules and Regulations for its
(c) To obtain from members of the Industry such information and
reports as are required for the administration of the Code, such
information and reports to be collected by a confidential and dis-
interested agent of the Code Authority. In addition to information
required to be submitted to such agent of the Code Authority, mem-
bers of the Industry subject to the Code shall furnish such statistical
information as the N. I. R. B. may deem necessary for the purposes
recited in Section 3 (a) of the Act to such Federal and State Agencies
as it may designate; provided that nothing in the 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 to any other party
except to such other Government Agencies as may be directed by the
N. I. R. B.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for here-
in, 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 recommend to the N. I. R. B. any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the Industry in their relations with each
other or with other industries; measures for industrial planning, and
stabilization of employment; and including amendments of this
Code which shall become effective as part hereof upon approval
by the N. I. R. B. after such notice and hearing as it may specify;
(f) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
Codes as may be related to the Industry for the purpose of formu-
lating fair trade practices to govern the relationships between
employers under this Code and under such other Codes to the end
that such fair trade practices may be proposed to the N. I. R. B.
as amendments to this Code and such other Codes;
(g) To provide appropriate facilities for arbitration, and subject
to the approval of the N. I. R. B., to prescribe rules of procedure and
rules to effect compliance with awards and determinations;

(h) To make recommendations to the N. I. R. B. for the coordina-
tion of the administration of this Code and such other Codes, if
any, as may be related to or affect members of this Industry.
(B) Expenses of Code Administration
It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized:
(1) 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;
(2) To submit to the N. I. R. B. for approval, subject to such
notice and opportunity to be heard as may be deemed necessary (a)
an itemized budget of its estimated expenses for the foregoing pur-
poses, and (b) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(3) After such budget and basis of contribution have been
approved by the N. I. R. B., to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefore in its
own name.
Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
which is determined as hereinbefore provided, and subject to rules
and regulations pertaining thereto issued by the N. I. R. B. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to make
use of any emblem or insignia of the National Recovery
The Code Authority shall neither incur nor pay any obligations
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the
N. I. R. B.; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the N. I. R. B. shall have so approved.
Amend Article V-Trade Practices-by the addition thereto of
Section (iii).
(iii) Classification of Customers
(aa) The Code Authority shall cause to be formulated and keep
current a classification of all types of customers of the Industry.
Such classification shall be subject to the disapproval of the
N. I. R. B. and shall contain (1) a complete list of all of the classes
of customers of the Industry, including a class to cover every known
type of customers; and (2) definitions or descriptions of the several

classes in terms of functions performriil. or in other appropriate
terms, such as purcihnlers of drfin,-ld qualitic-.
(ab) After .-ubili.- in to the N. I. R. B., if thcr. is no disapproval
or request for tiupen-inn of action within twenty (20) days, full
information concerning the cla.:;ifiantion shall be n a.l.d available
to all members of the Indlltroy. No one shall by intimidation,
coercion, or other unldue influence canuc or attlmcpt to calu-e the
inclusion of any customer in or the exlu.-ion of any customer from
any class of customers, or the exclusion of any class of customers
from the cla-sification, or the use of uniform or tipulated lpricrs,
discounts, or differentials, and coach member of the Industry may at
all times classify his own cu-'tmers in accordance with his own
Approved Code No. 535-Amendment No. 1.
Registry No. 299-45.

Digitized by the Internet Archive
in 2011 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation

Iliiil i 1llllll 2 2 0 2 lli 77lllll
3 1262 08482 7723