Code of fair competition for the animal soft hair industry as approved on February 2, 1934


Material Information

Code of fair competition for the animal soft hair industry as approved on February 2, 1934
Portion of title:
Animal soft hair industry
Physical Description:
p. 97-106 : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Animal products -- Law and legislation -- United States   ( lcsh )
Animal fibers   ( lcsh )
non-fiction   ( marcgt )


Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1627-05."
General Note:
"Approved Code No. 253."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931816
oclc - 646515648
System ID:

Full Text

For sale by the Superintendent of Dfocuments Washington, D).C. Price 5 centa

Approved Code No. 253

Registry No. 1827--05









.. O


This publication is for sale by the Superintendent of Documents, Government
Printing Offtice, W'ashington, D.O., and by district offices of the Bureau of
Foreign and D~omestic Commerce.
Atlanta, Ga.: 5041 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mlass.: 1801 Custombouse.
Buffalo, N:.Y.: Chamber of Commerce Building.
Charleston, S.C.:r Chamber of Commerce Buildling.
Chicago, Ill.: Suite 1706f, 201 North W'ells Street.
Clevelandl, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mlieb.: 801 First National Bank Building.
Houston. Tex.: Chamber of Commerce Building.
Indiannpolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: C'hamber of Commerce Building.
Kansas City, Mo. : 1028 Baltimore Avenue.
Los Angeles, Calif'.: 1163 South Broadwfay.
Lou~isv-ille. K.1'.: 4108 Fedrll~1n Buildiing.
Memophis. Tenn.: 229 Federal Building.
M/inneapolis, Minn.: 213 Federal Building.
New Orleanu, La.: Room 22.i-A, Custombouse.
N'ew York, N.Y.: 734 Customhouse.
No0rfolk, Va.: 406f EasFt Plume Street.
Phliladelphia, Pa.: 4"'-2 Commercial Trust Building
PittsburgSh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. ~Louis, M~o.: 50(i Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle. washb.: 80s Federal Offire Buildinlg.

Approved Code No. 253



As ApprovPed on February 2, 1934


An application having be~en duly~ made pursuant to and in full
compliance wit~h the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
F'air Comlpetit~ion for the Animal Soft Hair 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, THI-EREFORE], on behalf of the President of the Unitedi
Statesi, I[, H~ugh. S. Johnson, ALdministrator for Industrial Recovery,
pursuant to authority vested in mae by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated D~cemnber 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complllies in alli 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.
Admnlin ist~r~faor for Inzdustrial Recovery.
Atlpproval recommended:
Division, Admin ist~fratror.
February 92, 1i934i.
37669*-8-13-187--34 (97)


T he! White HBouse.
SIR: AlS 1PubliC' Hearing on the Code of Fair Comlpetition for the
Animal Soft Hlair Inldustry, submitted by the American Soft Hair
Manufacturers Assiociation, Inic., located at 545 Fifth Avenue, New
Yorkr, N. Y., wnas condnetedi in Washing-ton onl the 6th of December,
1933, in accordance with the provisions o~f the Nat~ional Indust~rial
Recovery Act. The Aissoc~iation claims to repr~esent 95 percent of the
Thle matximlum hours permlitted undler this Code a~re forty (410)
per we~ek, with the exception of comb~inga machline operators, receiving
more thanl $35.00) per week, who are permit~tedl to work forty-eight
(48) hours per w~eek. NJo emlployee engaged in pr~ocessing operations
shRall be permuittedl to wnol~rk more than five (5) dlays per week. WTork-
ing daily hours are limited to those between 8: 00 a.m. and 5: 30 p.m.
with 1 hour for launch.
Thie mlininunnli rIate of pay is 37%~~ per hour except comibers, w'ho
will receive nlot less than 509c per hour. Provision is made for anl
equitable adjustmnent of all w~ages abov;e the minimum.. Where
female employees perform the samne w~ork as miale employees they are
to receive the samie rate of pay.
This industry cons~ists of only 10 es~tablishmnents, all located in the
City of New York. The invested capital inl thiis Industry in 1933 is
estimated to be $125,000.00. Thle average sales represent, 23o'o of
the mexsimumi production of which this industry is capable.
This indrustryS imports animal soft hair fr~om China, Russia, and
Germnlanyy becauslce the domestic supply is not large enough. This
implortedc hair r~epresenits about 10C; of the hair used by this industry.
The outlets for this industry~ are br~ush manufacturers, furrier~s, andl
jolbbers~, named in the order of volum~e used.
The rop~osedt Code will increas~ne emloymentlelt~ app~ro imIa tely J20%
adwll meanI an average wngle incr~ease of $2;.78 per week< per

The Deputy Administl'l rato inl his final r~ep~ot to mne on said Code,
having found as herein set fai-tly andr o~n thle basis of all the pro-
ceedclngr s in this martte~r;
I find thnt :
(a1) Said Code is well dlesignedc to promote thle policies andl pur-
poses of Tlitle I of the N~ational Indtustr~ial R~c~ovetryr Act, including
remnovnl of obstructions to the freer flow of interstate and foreign
commier~ce 'which tend to tliminish thle amnountt thereof andi will pro-
vide for thze general wetlfare by prlomoting thle organization of ind~us-

try for the purosea of cooperative action among the trade groups,
by inducing an maintaining united action of labor and manmage-
mnent under adequate gov-ernmental sanctions and superv\ision, by
elimninatinga unfair competitive practices, by promoting the fullest
possible utilization of the present productive capancit~y of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the connsumpt~ion of indu~stria~l alnd!
agrriculturarl products through increasing purchasing power, by
reducing and relievingr unemp-loymen"t, by improvingr stallndads of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
p~loy~ees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects w-ith the p~erti-
nent provisions of said Title of said Aict, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section `10 thereof; and that the applicant asso-
ciation is an industrial association. truly representative of the afore-
said Industry; and that said Association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic' practices.
(e) Tl'he Code is not designed to and will not eliminate or oppress
small enterprises and will nrot operate to discriminate against them.
(f) T~hose engaged in other steps of the economic process have
not been deprived of the right to be hen rd prior to approval of said
This Industry hnas cooperated in a most satisfactory manner with
the Administrator in. the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Acdvisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable
solutions for this industry and for these reasons this Code has been
FEBRUABRY 2, 1934.



To effec~tu7te the policies of Title I of the National Industr~ial
Recovery Act, this Code is established as a. Code of Fair Comnpeti-
tion for thet AnimnI Soft H-air Inldustry a7nd shall be th~e standards
of fair compi~etitioni for this inldustryg arid bindling upon every miem-
ber thereof.


1. The term "ALnimal Sl:oft. H~air Indlusitry "! as used herein, shall
meanR, t~he~1 I.~i pr si ng for sale and sale by the pr'ocessor of animal soft
hair to be used in the manufacture of br1ushles and/lor other products,
and such related bran'chles or subdivisions as mnay fr~oml timne to time
be inc~luded~ under the provisions of this~ Code by the Pr~esident after
such notice and hearing as he may pr1escr1ibe.
2. The termi member of the indlustry iniclud-es, buit withoutt limii-
tation, any individual, parnltnership,, association, corporal~tion, or others
formii of enite~prisie engaged~~ in the indlustry,? either as an emiployer
or on his or its own behallf.
3. The term employees as used- hereini includles any andl all per-
sons engagedJt in the industry, howrever complensatedl, r~rexet a member
of the industry.
4. The terms "Act '" and "'Admini-itranto-r !' as used~ hlerein shall mneanl
respectively Title I of the Na~tional Induitr~ial Rec~overy Act, and~
thle Adminicttrator for Industrial RecoveryS.


1. Nol employee shall be permnitted to, workL in excess of forty (40)
hours in any one weekrl or eight (8) hours inl any\ on~e dayg, except as
otherwise herein provided.
(a) Combing machine operator; who rec~eive molre than thlirty-Hy~e
dollars ($35.00) per week shall be per~mittedl to w\or~k for~ty-eight (48E)
hours in. any one week and ten (10 ) hours~ inl anyl one day.
2. The recognized~ hours of work shall be brtw-een 8:00) andt
i: 30 p.m. with one (1) hour for Junch.
3. Employees engaged in. any p~rocce~ssing~ opera~tioni hall not b~e
permnittedl to w~ork mor~e than five (5) clays in any~ seven (7) dlay
4.- Mrembllers of th~e industry, owners, panrtner~s. officers, etc., while:
doing productive work, shall be gov,\erne~d byl th~e prlovisions of this


5;. The maximuml hours herein establishedt shall not apply tomIeml-
bers.i of tle' indust~f ry' when engnagedl in an escentive, a7dmlnistr~ative, or
supervisory capacity.
Ci. No emlploy~ee shall be permnitted to wvork, for a total nulmber of
hours in excess~ of the numllber of hours prscrc1ib.edl herein, whlether
he be unpllloyed' by one or more emnploy~er~s.
1. No emp~loye~e halll be paid,! in any pay9 per od,ul less tant thel11,
rante of thirty-seven and a half cents (3710)prhor xep ob
ers who shall be paid not less than fifty cents (506) per hour.
2. Female empyloyee~s per~form-ling substantially thle same work as
malil~ employee, shall re~cetivet the same rate of p~ay.
3. This article establishes a mlinimumlll rate of pay which shall
apply", irrespective of whecth~er an employee is actually compeltn~atedt
on a timelt rate, p~iec~eworkl performance or otherr basis.
4. It is the policy of the rrtmembes of thlis industry to refrain from
r~ed~uc ing the tlonl for unemployment which comllpensa"t ion'
was prior to June 10;, 1033!, in excess of the mninimnum wage herein
set forth, notwithstanding that the hours of work in such employ-
menlt mayR be! reduced; and, unless, since such date such adjulstmlentsi
have been marde, all mnember~s of the industry shall endeavor to
increase the pay of all emlployees ini exc~es of the minimum wcag~e, as
her~lein set forth, by an equitab~le adjustment of all pay schedules.
LiRTIc. LE V- -ENERAL ]LABo Provisions

1. No person ulnder sixteen (16) y~ea~s of age~ shall be enploy~ed
in this industry;; nor anyone under eighteen (18) ;years of age at
operations or occupations which. are hazardous in natfure! or detri-
mental to health. In any state an employer shall be dleemled to have
comnplied with this prov,\ision as to age if he shall have on file a
cer~tifiente or permit duly signed by the Authorityr in such State
empyower~ed to issue employment or age certificates or permits showing
th~at the emplloyee is of the required age.
2. In c~omplliance with~ Section 7 (a) of the Act it is providedcr:
(a) That. employees shall have the right to organize and bur~gain
collectively thr~oughl repretsenltatives of their own choosing, anld shall
be free from inter~ferencec, restraint, or cctciojn of emnployersl of
labor, or their agents, or in self-organization, or in other coc-nct~erted
activities~ -for the, purpos~ e of collective. Unrguiining or other mrutual
aId Or protection.
(b) Tihat no employee and on one seeking employment shall be
r~eqtuired as a cond'ition of employment to join. any company union
or to repfra~in from oininga orrganizing,, or a~ssitingr a labor or~ganiza-
tion of his own choosing, and
(c) Tha;t employers shall comply with the ma ximumn hours~ of labor,
minimnum rates of pay~, and ot~her condtitionls of employment approved
or prescribed by the President.
3. No employers shall reclassify employees or duties of occupations
per~formiedl as they existed on October 1, 1933, or engage in any other


subterfure, for the pur~pose~ of dlef eating the purposes of the Act or
of this Cbode.
4C. No provisionl in thiis Code shall supersede any State or Federal
la w which imposes on employers mlor~e str~ingent requirements as to
age of employees, wnges, hours of wFork, or as to safety, health, sani-
tary or general wor~king conditions, than are imposed by this Code.
5. Every employer shall provide for the safety and health of his
employees at the place and dluringr the hours of their e~mploymnent..
6. All employers shall post andb keep posted complete copies of
this Code mn conspicuous places necessible to employees.

1. On and after the effective date home-work in this industry is
hereby prohibited.


1. A Code Authority is hereby established to cooperate with the
Administrator in the administration of this code and shall consist
of five (5) members to be chosen by~ the industry through a fair
method of selection, approved by the Administrator, to serve for a
period of one year )from the date of their selection. The Adlminis-
trator in his discretion may appoint not more than three ()addi-
tional members without vote, and without compensation frmthe
industry to serve for such period of time and to :represent the
Administrator or such group or groups as he may designate.
(a) V~acancies in the personnel of the Code Authority selectedl
by the industry shall be filled, pending selection as provlided for the
appointment of original members, through approval by the Admin-
istrator upon nomination of the Code Authority.
2. Each trade or industrial association. directly or indirectly par-
ticipatinga in the selections or activities of the Code Authority shall
impose no inequitable restriction on membership, and shall submit
to the Admninistrator true copies of its articles of association, bylaws,
regulations and anyr amenldemets when made thereto, together writht
such other information as to memberships, organization and activi-
ties as the ~Administrator may deem necessaryr to effectuate the
purpose of thne Act.
3. In order that the Code ASuthorityr shall at all times be truly
representative of the industry and in other respects comply w~ithl
the provisions of thle ~Act, the Admninist~rator mnay prescribe such
hearings as he may deem proper.; and if he shall find that the Code
Auth~or~ity is not truly representative or does not in other respects
comply withn the pr~ovisions of the Act, he may take such action as
he may deem necessary under the circumlstances.
4. No inequitable restrictions on. admission to the American Soft
Hair MIllanufacturers Association, Inc., or any other trade associa-
tion or organized group, participating in the: activities of the Codle
Authority shall be imlposedl, and any member of the industry shall
be eligible for memnbershhip in any such trade association or organized


group upon compliance with the provisions of the hy~laws relating
to membership, provided that anyr person applin fo uch musaaemir-
bership shall, inl addition to the paym~entofuhdesaarim
posed upon and paid by all other members, accept a reasonable and
eqluitable share ofthe cost o~f code admninistr~ation. Such members
of the industry wRho do :not choose to become mlemlber~s of any trade
association or organized group may par~ticipate in the activities of
the Code! Authority as her~eln provided by paying to the Code
Aulthor~ity such proportionate: part of thle cost of code administration
as the Code Au~tho~it~y, subject to the~ appr~oval of the Admlinistr~a-
tor, shall prIescr~ibe as fair and equitable.
5. Nothing contained in this Code shall constitute the members
of thle Code Authority partners for any purpose. Nor shall any
member of the Code Author~ity be liable in any manner to anyone for
any act of any other memnber, officer, agents, or employee of the Code
Authoity.Nor shall any member of the Code Authorit~y, exercising
rastionabl 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 ow~n misfeasanlce or nonfeasance.


6. The Code Authority shall have thle following further power~s
and duties to the extent permitted by the Alct.
(a) To admlninister the provisions of this Code and provide for
the compliance of the inrdustry with thre provisions of the Act and
to pr~opose and submit amendments, exceptions, or modifications,
which amendments and/or modifications, upon approval by the ~Ad-
ministrator, after such notice and hearing as he may prescribe, shall
have the same force and effect as any other provision of the Code.
(b)1 To adopt bylawvs and rules and reuain o t rcdr
and for the n and enforcement of this Codet.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the Code and to
provide for submission by members of such informa~tionl anld reports
as the A~dminisl.tra;to' may dleeml necessary for the purposes recited
in. Section 3 (a) of the Act, which information and. reports shalnl be
submiitted by members to such administrative and/or grover'nment
agencies as the Adlministrator may designate; providecd that nothingi
in this Codec shanll relieve any member of the industry of anyT existing~
obligations to furnish rIeporjlts to any ,rgovernmnen t agency. No indi-
vridual report shall be disclosed to any other member of the indu.ltry3
or any other party exccept to such governmnental agencies as mlay be
direceiledby the Admi~inistraitor.
(d)- To use sulch trade associations and other agencies as it deems
proper for the carrying out of anly of its activities provided for
herein, provided that nothing hlerein shall relieve the! Code Aut~hority
of its duties or responsibilities under this Code and that such tradel
associations and agencies shall at all times be subjtc~t to and comply
with t.he provisions hnereof.
(e) To make recomllmendlations to thle Admrlinistrator for the co-
or~dination of the admlinistration of this code with such. other codes,
if anyI, as may be related to the industry.


(f) To secure fromt members of this industry who assent to this
Code undi/or participate in t~he activities of the Code Authority such
I~'propotionate payment of the reasonable expense of maintaining the
Codle Authority as may~ be determined by the Code Authority and
approved by the Admimistrator.
(g) To cooperate with the Admlinistrattor in regulating the use
of any- N.R.AL. Insignia solelyI by those members of the industry who
have assentedl to, and are comnplyringa with, this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with eacht other or with other industries and to recommend to the
Ad~ministrtor measulres or ;rindut~rial plannringr includingr stabiliza-
tion of employment.
(i) Each member of the industry shall kree~p an accurate record
of all transactions sufficient in detail as shall be prescribed by t~he
Code AuxthorityT, with the! approval of the Administr~ator.
3. If the Administrator shall determine that any action of a Code
Autlhorityv or any agency thereof is unfair or unjust or contrary to
the! public interest, the Administrator m1ayT require that such action
be suspended for a period of not to exceed thirty (30) days t~o 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 be~ taken only upon ap~proval by the

1. No member of this industry shall sell, except to another member
of the industry, any product thereof at a price below his own in1-
dividual cost of production, provided, however, that in anly specific
instance in order to meet competition he may sell such product at a
price not below the lowest price! of a comparable iteml on file with
the Code Authority.

1. Each member of this industry shall file a schedule of his prices
and discounts with the Code Authority to become effective imme-
diately uponl receipt by the Code Authority; such original schedule
may, from time to time, be revised by filing with the Code Authority
a revised schedule of such prices and discounts to become effective
in the same manner as provided for original schedules.
2. ~All schedules filed in accordance with the provisions of this
Article shall be based upon an adeqirate cost finding method pre-
scribed by the Code Authority and approved by the Admlinistrator.
(a) Thscontinued, obsolete, or distress merchandise may be sold
with the approval of the Codie Authority upon such terms and con-
ditionrs as it mray require; appeal from the decision of the Code
Authority upon any application for the sale of such merchandise
may be had direct to thre ALIdministator and the decision of the
Administrator in such case shall govern ~the sale and disposal of the
mierchandise covered by such apphecation.



1. The following practices constituted unfair methods of c~ompeti-
tion for members of the industry and are prohibited:
(a) No member of the industry shall brand or mark or pack any
goods in any manner which is intended to or does deceive or misilead'
p~urchasersi with respect. to the brand, grade, quality, qua;ntity, origin,
size, sulbstln ce, character, nature, finish, material, conrtenrt. or
tion of such goods.
(b) No miemiber of the industry shall makei any statement or pub-
.lish advertising which refers inacculrately in any material partic-
ulatr to any competitors or their gioodsl prices, values, credit terms
pohicies, or services.
(c) No member of the indlustry3 shall give, p~ermit, to be given, or
directly offer to give, anyrthin~g of value for the purpose of influenc-
ing or rewar~dingi the action of any emlployee, agent,. or~ represc~llnt-
tive of another in relntion to the business of the em~plocyer of such
employee, the principal ofe such agent or ~the r~p~eprlesete part, with-
out the knowledge of such, employer, principa~l or party.Con-
cial bribery provisions shall not be constr~ued- to prohibit free and
general distribution of articles commonly usedl for advertising eceprlt
so far as such articles are actually used for commercial br,1ibery) as
hereinabove defined.
(d) No member of the industry shall attempt to induce the breach
of an existing confract between a compeI~ttitor, and his employee or
culstomerl or source of supply; nor shall any such member inlter~fere~
with or obstruct the performance of such colllntratulll; duties or
(e) No mnemiber of the industry shall publish advertising whetherr
printed, radio, display, or of any other natture), which is mislrand'ingp
or inaccurate in any ma~tel~rl particular nor shall anly memrber in
arrywayS misr~epres~en t any goods (including but without limitationl its
use, trademnark, gradeti, quality, quantity, origin, size. subsitannce, char-
acter, natlr~e, finish, material, content, or preparation)il1 or credit
terms, values, policies, services of the nature, or form of the blsinc-s
1. This Code and all the provisions thereof are expressly madnle
subject to Ithe right of the Pr~esidlent, in nc-ordl-ance with. the provi-
sions of Subsec~tionl (b) of Section 10 of the Act, from timye to time
to cancel or modify any order, approval, license, rule, or regulation
issued ulnder said Act.
2. This Code, except as to provisions required by the Act, may
be modifiedl or amlendled on thle basis of experience or changes in
circumstances, suchl mlodificatio-ns or amendments to be based upon
application to the Administrator and such notice and hearing as hie
shall specify,~ and to become effective on, alpprovanl of the Presidetnt,
unless otherwise provided.
1. No provision of this Code shall be so applied as to permiit
monopolies or monopolistic practices, or to eliminate, oppress, or dis-
criminate against small enterprises.


lilillIII IAlillll ilillilll llII I lllIIRI II l
106 3 1262 08727 9898

1. Whereas the policy- of the Act to increase real purchasing power
will be made mnore dliff~icult of consumnnation if prices of goods and
services increase as rap~lidly as wag~res, it is recognized that price in-
cr'eases except such as5 may8 be required~ to meet individual cost should
be d~elayed, but when miade such increases should, so far as possible,
be limited to actuanl addritional increases in the seller's costs.


1~. This Code shall become effective; on the second Mfonday after
its approval by thle President.
Applrovedl Code No. 253.
Regr'str ;No. 1627-05