Code of fair competition for the women's neckwear and scarf manufacturing industry


Material Information

Code of fair competition for the women's neckwear and scarf manufacturing industry as approved on December 19, 1934
Physical Description:
p. 79-96 : ; 23 cm.
United States -- National Recovery Administration
U.S. Gov. Printing Office.
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Neckwear -- Law and legislation -- United States   ( lcsh )
Scarves -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code No. 538 ; Registry No. 249-02"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004883852
oclc - 63654350
System ID:

Full Text






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

Approved Code No. 538

Registry No. 249--02





This publication is for sme;~ byS the Superinreuldent of Duculeulnets Gcl~erinmenrt
Pr~inting Oiflicr, Washington, D. C., and byg district odfices of t-he Bulealu 0; Foreign
and D~omestic Comnmeree.

Atlanta, Ga.: 504 PoJst Oflice B~ulilding
Blirm~inub:~ un, Ala.: 2:57 Fedetral Buibtlin;.
Boston, Mass. : IN)1 Custrumbouuse.
Btuffalo, N. YI.: (1bomberr.l of Commerce Buildinlg.
Cha;rlesdtlon, S. C.: ChamberIC. L of Com~merce Buibtling.
Chilgoc, Ill.: Suite 1'706, 20)1 Nlorth. Wells Ytreet.
Cleveland, Ohio: C'h.amber of Commllerce.
Dallas, Tex.: Cha~mber of Couners-elt Burlhlling.
Detroit, MVich.: 011 F~irstt National BEanlk Tuilling.
Houutc ln. T'ex.: Chamber' of Commerce Bu:libling~.
I I ml I pI~l i s. lIn.: Chambe Iltl of Co I1 Unulr'- Unibl i ng.
Jackrsolv~ilh*., Ftla.: Chamnber of Comlmere B'uildiingl.
Kansas City, Mo.: 1028 Baltimore Avenue.
L~os Angeles, C;lif.: 1163 South B3roudw~ay.
LIouisv-illr, K~y.: 408 Fe1ral~;l Dui ding~.
Mellmplhis Tienn.: 229 F~ederal H;uiblins.
M~inneapolis, M~inn.: 213 Fedrlljll B-uildling.
New Orleans,1~ La.: Inllcla 2:-';j-A, Custombouse.
New Yorki, N. YT.: ';3-1 Customhouse.
Norfolk;, Va.: 406 E::st P'lume Street.
Philade~llllhin. Pa.: 422 Commeercia Tru--it ibng
Pittsburgh, P-a.: Chambe~:rit of Commnerce Buii:ling.
]Portland, Oreg.: i'10 New Post Otth~ ( Bu~lkling~.
St. Loujis, 310.~. : 5110 Olivet -tree~t .
San F';!ranis* r?. Calif.: 310 Customl-ouse.
Senttlle. Wash2. : 809 ~Fiedefral 01500c Build'ing=

Approved Code No. 538



As Approved on December 19, 1934


An application having been. duly made pursuant to and in full
compliance with the provisions of T'itle I of the Naltionall Industrial
Recovery Act, approved June 16,~ 1933, for approval of a Code of
Fair Competition for the Women's Neckweart:l1 anld Scar~f Malnu~fac-
turing Industry, andl hearing having been duly held thereon and the
annexed report on said Code, containing findings with respect th~ere-
to, having been made and dir~te tell to the President,:
NOWV, THEREFiORE, on behalf of the P~resident of the United
States, the N~ational Industr-1ial Recovery B~oard, pl~uarsut, to au-
th~ority restedc in it by Exsccutivee Orders of the Ptresidenelt, including
Executive Order No. 6859, dated September 27, 1n34, and otherwise;e
does hereby incorporate by rcf~1ernce~ said annexdcl c report and does
find that said Code com-llplies in all respects with. the pertinenlt pro-
visions and will promote the policy and purposes~c~ of said TIitle of
said Act; does he~lreby order that said Code of Fliair Competition be
and it is hereby approved subject to the following conditions that:
1. The Code shall not be applicable to dress manlrufac~turers wmho
runnu~fucture~ women's neckwear as described in the Code Article I,
Section 1, for use in conjunction with dresses mnanufacturedl by them,
provided that such neckwear is manufactured in the same shop in
wFPhich the drecses are made.
2. That portion of Airticle VIII providing maxzimuml cash discounts
of 3/10 E. O. M., to the c~utting~ up trade is hrerebly stayed for a period
of thirty (30) days after the effective late of this Code or until such
time within such period of thirty (30) days as another plan is
3. Mlinillnuml classified wages as prescribed in Article III, Section
3 as to the Central and Wulestern areas are hereby stayedl for a period
of thirty (30) days after the ceffcitiv date of the code, during wThich
time a study is to be conducted by a commission established by the

1U3:lr; P--1385-118---34


NationnI Industrial Recovery3 Board. for the pullrpo e of reconunendl-
ingf to the Nlrational Industrial Recovery Board what classifiedr- wage
differIentinI should become effective inl the Ceneral and WC7estern
areas; provided- that during such stay members of thne Indus~tr~y
Joentedl' in the Central and Westerc!n areas shall pay not less than a
cl~ns;i fiedl wae on such oplelrationsl as prlovide~d in Article III, Sectio~n
3 which cn.*ifiedl~ wagre shall be not morcIc thran 25cf below thze mlini-
Iunu c~lawcified~ waGesI(~ for substaSntlially the same opera~~tions as pro-
vided for the Eas~tern area in ~Article III, Section 3.
By W;. A. HARRIMAN r, tidini;. tra1tiv e Officer.
Approval I~r,mecommende:
Alctingr~ D~ivision Adiministratr or.
December 19, _193~4.


The WC~hite HETouse.
SmR: A public hearing on a Code of Fa~ir Comnpetition. for the
WVomen's Neckwear and Scarf Manufactauringf I~ndustry, as proposed
by the National Women's N'eck wear and Scarf Association, represent-
ing approximately 73 per cent of thle volume of the industry, was
conducted on February 3, 1934, in the South Lounge of the Ambas-
sador Hotel, WFashington, D. C. Every person who requested an
appearance was fairly heard in ncordan~lcet with regulall~tio.ns of the
National Recovery Administration.

The Industry as defined in the Code includes thze manufacture and
sale by the manufacturer, contractor or jobber of! misses', women's
atnd children's neckwear, toppers, scarfs, rufflingos, vestees, guimnpes
and gilets. The articles enumneratedt in the definition of the Code
when made in D~ress factories and used in connection with garments
manufactured in such factories, are exempted from the provisions
of this Code.
Almost the entire Industry is situated in New York City and its
environs. Of the estimated 110 firms listed in 1933 it was stated at
the public hearing that 84 were members of the Natiobnal Women's
Neckwear and Scarf Association. The yearly sales of the Associa-
tion members of this Industry amounte~d to apprloximatlyrt:l $16,000,-
000 in 1933 and for the entire Indus~tr~y in the same year thne sales
were approximately $20,000,000 on a total invt~este capital of $7,000,-
000. It is estimated that the sales for the entire Induiltry of the year
of 1934 will approximate $25,000,000.
Thne products manufactured are strictly styled items and the de-
mandd may be extremely variable. Factory equipment is applicable
in the main. to this I~ndustry only, and cannot readily be dev\oted~ to
manufacturing other items. However, the sales volume and capital
investment between 1929 and 1933 compares very favorably. There
has been an increase in emyploy3ment in the Industry of approximately
11 per cent from 1929 to 1933, the present estimated employment
being approximately 4,000.
Article I defines the Industry and defines other termls usedc in th~e
Code. Article III contains; maximum hour provisions for employees
and restricts the number of shifts of employees to one per day. Arti-
cl~e III establishes~ the minimum, wage for employees in the Industry.
Article IV provides genrallr l labor provisions. Article V provides
for the organization of the Code Authority and defines its powe~rs

and contains a maifndatory prov-ision for asserment of members of the
Industry to pr,1ovide for Code Althor'ity ex~enlSes. Artficle VI pro-
vides that a, label indicating comlpianceri with the Cod~ce mlust be at-
tachedt to all ar~ticle~s mnanufactur~ed alnd sold. AFrticle VII defines
trade practices to which all members of the Indlu-trya must complly.
Article V~III states that the Code shall not permit mono-po~lies. Arti-
cle IX: provides for the modlifie~ntion~ of the Code in arc~co~dannce with
Subsection (b) of Sectionl 1_0 of the NPational Industr~i 1FRecov-ery
Act. Airt ir.le X exsplainsj that the policy of the Ac~t is to increase real
purchlasinilg power~' and to hold price inlcrea~l~ss down to thle actua~l ad-
ditional increases in the jeller s' cost.. Article ~XI provides tha;t the.
effective date of the Cotle is to be the third M~onda~y after its approval.

The? Industry in the Newc~ York area is almost completely unionized
and is at thne present time operantingr under an agTreemenc!t between thne
National Women's Neckwear atndScarf Association, the Internal-
tionn] Ladies' Gnrmen~Clt Worker~IS Union a-nd the Ladlies' Neclkwear
Workers Uenion of Greater New Yorki, Local No. 149;, enlterled into
October 8, ~~103, to D~cembert~ 1, 19)34. The wsage andl hour provi-
s~ionls set forth in the Code are in accordance wmith this agreement.

The De~puty Administrator ini his final report to the NJational In-
dustrial Renvcryrl Boardc- on said Code, having found-- as heei set-I-
orthc and, on the basi:s of1 all the proceedings in this matter;
The National Industrial Recove;-ry- BIoard finds that:
(a) The Code is well desligne;d to promote the policies and purposes
of Title I of the~ National RecoveryJ Act, includling removlll~ of
obstructions to the free flow of interstalte and forelign commlnc~ erc
which tend to dim~ini--h the amount thereof and will provide for th
general welfare~t by prom-oting the orgbanIzaltion1 of industry for th-e
purpose of cooperative action among the tlra~e groups, by inducing
and maintainingamI ni ted action of labor and maII Inagemen('~r t under ade-
quo~te governmental sanctions and supervision, by cilminatingufi
competitive prac~tiies, by promo'cting' the fullest possible ultilization~
of the presentlt prroduc'tiveC capacity off indulsrtr~ies, by avoid7ingb undue
rsctr~ic.tion of production exceptt azs mazy be temporarily requiredd,
by the consumption of ilndustriai n and agricultural prodt-
ucts throughI increcasinlg prc wlling~li powerrc, by redne~~iing and rezlier--
ing unemployment, by Imnprovmg~ st-andards of labor, and7 by othner-
wise rehabilitating .induslltry.
(b) Said Industry normally employs less than 50,000 employees;
and is not classified b~y the Naltiona~l Industrll~1i~ Recoviery B~oazrdZ as a

(c;'~o) The Code as appro vedlkl~iEn ;pr~~ complies in all respects with the p~er-
tinenlt provisions of said Title of sail Act, inlcluling~ without limi-
t nt i onh 1.C Suot io~n (a)> of Sect~ion 3, Subseccti onl (a) of Sec~tion~ 7' and
Subosection (b) of S~c~tion 10 thereef; and tha3t the applicant assoc~iin-
tion is an industrial aIssoc-iatilon truly reptementa't;tive of the aforesaid
Industry; and that said imposes no ineqcuitable~ restric-
tions on admission to nwmbership therein.~


(d) The Code is not designed to and will not permit monopolies or
monopolistic practice.
(e) The Code is not dlesigned to and will not eliminated! or oppress
small enterprises and, will not operate to discriminate against them.
(f) TPhose engaged in other steps of th~e economic process have not
been deprived of the right to be heard prior to approval of said
F~ior these: reasons~l the Code has been approved.
For the NIational Industriall Rec-overy Board:
DECMBE 19 194.Admlini~tr~ative Officer.


To effectulate the policies of Title I of the N~ational Industrial
Rcovery~3 Act, the follow~ingc provisions are establishedc as a Corie of
Fair Compeitition for the: Wlomen's Neckwe@ar and Scarf Mn~flufa~c-
turing Industry and shall be the standard of Fiair Comp~etition for
this InduLstry and shall be bindingr upon every- member thereof.

1. The terma "' Industry "' as used herIcinl includes the manufacture
and sale by thne manufa ;c~turler, contractor or jobber of misses',
women's and ch~iklrncl's neehwear~~fll, toppers, scarfs, rufflings, ruch~ings
and bar~~ckles vc~ftee<~, also \.sct-es, guim~pes- and g~ilets when manu-
factured w.ithoult sleeves and w~Cith backs (joined at sides) only of
plain net, orgrandie, voile or chiffon, or with backrs of any material
but with open sides, usually to be worn with a jacket or coat.
2. The ttur~n employee as used hnerein inchidelcs anyone e~ngagedl
in the indust-ry in any capacity receiving compensation for hnis selrv-
ices irrespei~tctiive of the nature or mletho~d of paymernt of such comil-
pecnsation. excepl~t a Ill'lllhl rof the industry.
3. The t;enI "L employer as usedl herein includes anyone by whom
any (.uch1 employee is compcnsatt ed or employed.
4. Thne tesrm '" member of thle industry "' includes anyone engaged~
in the indo~~-try3 as above- de~fined, either asj an employer or on his own
5. The: t!lrns contractor as used herein incl~llues all those who
ma~nufaucture artil.h-- subject to the provisions of this Code from
manterials provided for them by a manufacturer, conltlowtor,1 jobber,
wFFholesaler, retailer or 'others.
6. The termu manual or mechanical protce,:S) as nIed' he~rein,
inclullk(l the cutt~ingE, machine operating, handt sewing, pleas-ingL ,
Ilnting~L, examining, sample making, finishing, dlrapin~gr, pinning,

garments in any -fatory in the Indus~try. *
7. Th~e terIl "( Plr.4idenlt ", "Acit ", and the "L National Industrial
RLecovery Board ") as used herein shall maIcnnl respectively, the 1Pres~i-
dent of the? United States, Title I of the Nationlal I~ndustrial Re-
coverly Acet, a~nd the N-ationar.l I~ndustrial REZecovery Board for Indus-
trial Renzl:\- y.3
8. Trhe term 7." jobbert~1 as rl ed h erein, includes all those for whom
and/or under whPE~ose directions or or Jers1, articles subject to the pro-
visions of this Code ar~e mnanulfac:tured in whole or in parlt by con-
li'acto(rs :!jld/or other linandlucJturers,1' and w7ho act as distribu~rtors

9. The term~ "manufacturer includes all those mem~bers of the
Industry who manufacture products of this IndlustryS as definled in
Article I, Section 1 hereof for sale by themselves.
10. (a) The term~ "ceaster~n area as used hereip shall inc~ludt e
all States east of Wiisconsin, Illinois, ?ri3;11 ui,' Arkansas and

(b) The! term "ce~ntrl area"' as usedl herein shall include all
Stantes ea~t of MIontanalr, Wyomning, Colortado, Nrw\ Mex~ito, except
those included in the eastern area.
(c) The term western area "' as us-ed- herein shall include all the
States of the United States, except those incindedc~ ini the eastern
and cnraltl3 areas.


SECTION 1. No employee shall be permitted to work in thle manual
or mechanical processes of manufacturer in excess of thirt~y-seven and
one-half (371/2) hours in any one week, or seven and one-half (71/2)
hours in any one day, or mn exceess of fivPe (5) days in any one weekr,
excepting as hereinafter provided.
~All wRork performed by such employ~ees shall be performed during
the first five working days of each calendar wFPeek, Monday to Friday,
inclusive, except that suchn employees may1 be permitted to work
Saturday~s in either of the following cases: () Wlhen such employees~
do not work on one of the first five working days of any celn~lndar
week due to the observance of a hnolidayr and (2) when. such em-
ployees are working overtime, in a~ccordl~cane with the provisions of
Section 2 of this Article.
SECTION 2. (a) Members of the industry may be permlitted to work
their employees overtime provided thatl such overtime shall not ex-
ceed five (5) hours in any one w~eek;, nor ten (10) weeks in each of
the spring and fall seasons, and provided further that such overtime
shall be paid for at not less than the rate of time and one-half,
except that overtime for employees engaged in other than manual or
mechanical prlocessies of manufacture may be paid for at the regular
hourly rate. Such overtime may be on Saturdtay.
(b) T1Ihe Code Authoritly, subject to approval by the National In-
dustrial Recovery Board, shall have the right to des~ig~nate the begin-
ning and end of leach of thze spring and fall e~nsonsl, and shall also
have th~e right, to extend the number of w~eek;s for overtime upon
proper data sh~owing the need for an extension. of suLchn overtime.
(c) Any designation31 of th~e var~ious.- senl-oni which the Code Au-
thority may make pursuant to the forego~ing section may be dlifferent
for different branches of the Industry.
(d) Each member of the Indutlry~!~ shall report monthly to the
Code Authority, all overtime worked by sulch employees.
(le) Each member of the I~ndustry shall give at least twentyr-four
(24) hours notice to the Code A~uthorityr of intention to work em-
ployees overtime.
SECTION 3. NO more1( than -one shift of em-nployees shall be hallowed~.
in any one (1) day.
SECTION 4. Employees other than those ellSngaged in the manual or
mechanical pr~ocesses of mlanuf!c~ture,~ except as provided in See-
1000::7G'---1385- 118----34----2


tion 5 of this Article, shlall not be permitted to work in excess of
forty (40) hours in anyl onc w-eek, nor eight (8) hours in any one
day, nor in excess of six days in any seven-day period, except as
otherwise provided herein for overtime w~ork.
SECTION 5. The mnaximum hour provisions contained herein shall
not apply to employees engagedc in a~n exsecutive, managerial or super-
visory capacity, whTo are not direcctly engaged in prodluctive work and
who regularly receive not less than thir~ty-five dollars ($35.00) per
wPieek, nor to ou~tside1 salesmen.
SECnowN G. Noj~ c-mployer~ shall knowinply permit any employee to
workr for anly timie whichl wvhen totaled with that already performed
with a~nothr~cl employer or employers, exc~eeds the mlaximuml permitted
SECTION 7. The Code Arluthority ma~y wvith the approval of the Na-
tional Industrial Recoverya `Board determine t-he hour of each w-ork-
ing day before which workr shall not begcin and the hour during each
working day after which workr shall cease. Such reglurlations may be
different for different localities.


SECTION 1. This Article establishes minimum rates of pay which
shall applyy ir~resp~ective of whether an employee is actually compen-
sated on a time rate, piece rate, or other basis.
SECTION. 2. Nao employee shall be paid at le-ss than the rate of four-
teen. ($14) dollars per week.
SEC'TION 3. Employees performing duties of the occupations enu-
meratedl in the following schedule shall be paid not less than the
following weekly and hourly rates:
(a) Eastern Area:
Cutters _~-,----,,,,,,,,, .,, $40.00 per week
Operators_____,_,_,,,-,,,,,. .60 per hour
IIroners ._, __,_,,,,,~,,, .471/2 per hour
(b) Cen-tr~al Airea:
Cutters .,,,,,,,,,,,~,,,, 35. 00 per weeka
Operators ---_,,,,,,_,,,~,, .53 per hour
Ironers .__,,,_,,,,,,,,,_ .42 per hour
(c) Western Area:
Cutters_-- .,,, _,,,,,,, ~_ 34. 00 per we-ek
Operators. .". per hour
Ironers .________,,,,,,_ 40 per hour
Any member of the Industry shall be deemed to have compile
with ithe provisions~ of this Section if eighty percent (80C;-) ofth
eplol'iyees employed by such employer in each of the abolve crafts
receive at least the minnimumn wagne Irequired in the fore~going ched-
ule. However~~, in no event shall the total nu.mber of learners, super-
annunted~ or physiedcnly or mentally- handicapped wTork~ers, and ema-
ployees~i receiving less than the minimum required by the provisions
of th-is section, exceedl in u~mb~er 200.~ of the total number of em-
ployees of any one employer e~ngaged~ in t~he above crnfts.
A list of such workersitl' r'~elciving less than the minimum as hereto-
fore pr~ovidedl, including their names, addresses and respective occu-

pations shall be forwarded monthly by each member to the Code
SECTION 4. Home-Work%.-(a) A person may be permitted to en-
gage in home-wPork at the .rame rate of wages as is paid for the same
type of w7Pork performed in the factory or other regular place of
business if a cer~tifi~cat is obtainled from the State authority or othelrr
officer designated byT the United States Departmlenlt of Labor, such
certificate to be granted lin accord~~ance with instructions issued by
the United rState~s Depar~tmenlt of L~abor, provided
(1) Such. person is physically incalpacitatedl for work in a factory
or other regular place of business and is free from any contagious
disease; or
(2) Such person is unable to leave home because his or her services
are absolutely essential for attendance on, a person who is bedlr~idden
or an invalid and both such persons are free from any contagious
(b) Any employer engaging suchn a person shall keep such certifi-
cate on file and shall ~file with. the Code AiLuthority for the trade or
industry or subdivision thereof concerned, the namne anzd address of
each worker as certificated.
(c) In addition to persons who may be permlitted to do home-work
as hereinbefore set forth, home-work may be given out by a member
of the Industry to the! workers not included under Sub-Section (a)
of hecto ofe athiest Arieh only if subsequent to the effective date
of te Cdeat eas on-haf of thte total number of articles of each
types are produced in a factory m~aintainedc by,~ or operated for said
member. Rates of pay for all type shall be estabtlishled in the insiide
(d) No member of the Inldustry shall give out home-work, unless
the rates of pay, paid for such hom~e-workr, shall be not less than the
rates of pay paid for such work in. a factory maintained or operated
byT or for such member of the Industry.
(e) No homne-workl shall be g~iven out by any memrber of the In[-
dustry to any~ worker, unless simultaneously thetrewnithl the names
and addresses~ of the homellt-wor0kers who receive the work and the
workers engaged in thte actual per~forma~nce~t of the wrorkr are rgs
tered with the Code Auth~ority, and unless an exact record of the
wclork per~for~med by a~nd the p~ri;ces. paid to such homne-wsorkers are
kept by thle manufacturer. Thle Code Authority shall have the right
to examine all such rec' lsrl. Within thirty (30) days after the
effccrtive date of this Code, the Code Authority shall appoint a
committc ee, to consist of an equal number of representatives of em-
ployers and employeS-c:i, to investigate the home-work problem.
Within six~ty (60) rtays thereafter the conunittee shall report its
findings andl make such rconunlrlellndations as will enable the Code
~Authtority to control home-work to safegurdn~c the labor standards
provided for under this Code.
(f) -The Coder Aurthor~ity shall. within ninety (90) days after the
effective date of this Code, adopt rules and regulations; for the pro-
visions of this Section and may from time! to time amend same.
Such rules and: regulations and mndmentslct thereto shall be subject
to thie approval of the National Indlustrial Recov\eryS Board.

Sre1'INo 5. Learnl'rc.)'.--(a ) Learners in manual and mechanical
prcc.rwes may be paid less than th~e mninimumll wa~e scales p~rovided
fosr in Section 3 of Article II`I, but not less thann at the r~ate of t.he
ba~sic minimnumn wagcr of fou~rteenl dlollars $(1-1.00r) pI~rovided~r for in
Section 2 of Article IIIT.
(b) If the opera~ti~n. to which any learner is engnged~ has a piecle-
w-orkl rate, established in, the falrctory in which r-uchl Ic:learner, is em-
plaedf, and the ear~nings of F-uch~ learner, wheni ~omp~luted~ on a p~iece-
work', are mIore! than fourllt~ee dollars ( 14.00) per week. such
learner~l shall be paid on a piece-wiork basis.
(c,) Thle lenr1ning period shall be strictly limited to six (6) weeks,
and in no case shall the to~tnl numnber of learlners in the emlplov of
any one employer be gr~eater than ten per cent (10C/o) of the total emu-
ployees of such emnployer. Any time worked~C by a learner shall be
deemednr a part of such leanlin~g periodl, whether such, time is worked
continuously~ or in more than one shop, or for more than onle
SECTION 6. A p~erson whose earning capacity is limited because of
age, or phys3ical, or mental handlienp or other infirmity, mnay be
employed on light wor,1k at a wage below th~e mninim~um wage scale
provided for in Aitrticle III, if thte employer obtains from. the State
Authority designa~tedc by the Unmited States De~partmnent of Labor
certificate aulthor~izing his emplloyvment, at such wages and for such
hours as shall be stated in such certificate. Each emlploy~er shall file
monthly with the Code Arithority a list o~f all such per~so~ns employed
by him, showing the wages paid to, and the maxrimnum hours of
work for such emlployees.i
LSEC.TION ?. Ill 110 088 Shall wages be reduced below the levels ex-
istinga two weeks prior to the date of approval of thne code. All1
adjustments of wage rates made in accordc'ance with this provision
shall be reported to the Code ALuth~ority within thirty (30) days
of thne effective date of this code. TIIhe Code Authority shall have
the right to inve-stigante and adjust complaints arising under this
provision; adcjustmlentsi by the Code Authority shall be subject to
review by the Natfiona~l Industrial Recovery Board.
SECTION. 8. Fiemnale employees pe~rformning substantially the same
work as male emplloyees~ shall r~eceive thne sam rate of pay as male
emplo ~yees.

SECTION 1. No person~)l under sixteenl (16) years of age sha~ll be
employed in th~e Industry, nor anyone ulndler eighteen (18) years of
age at opcraltions or olcc~up~ations hazardous in nature or detrimental
to h~enlth. Trhe Code A~uthority shall submit to the National Indusl-
trial Recovery Board before the exspirat~ion of sixty (60) day~s after
the effective cdate of this Code a list of such occupationls. In any
state an employer shall be dlteleme to have complied ~with this pro-
vision if he shall have on file a certificate or permit duly issued by
the Authority in. said State empowered~c to issue emplloyment or age
certificates or permits show~ing such employee is of the required lage.
SECTION 2. Employe~tes shall have the right to organize and bargain
;collectively through representatives of their own choosing, anid shall

be free from interference, restraint, or coercion of employers of labor,
or their agents, in the doigna6rl;tion of such replresentatt i vesi or in self-
o~rga~nization or in other concerted na~tivitiles for th~e purpose of
collective barga',~:in~ing: or mutual aid or protection.
SfEems() 3. ~No employee and no one seeking emnployment shall be
required as a condition of employment to join. any company umion or
reframn from joinmng or organizing or assistmng a labor organization
of his own choosing; and
SECTION 4. Employers shall comply with the mnaximurm hours of
labor, minimum rates of pay13, and other co.ndlitions of employment
approved or prescribed by the jPresidenti.
SECTION 5. No provision in this code shall supersede any state or
federa1~l law which imposes on employers mnor~e str-ingent requlirerments
as to age of employees, wages, hours of work, or as to safetyJ, hnealith,
Saitarf'~1y or general working condlitions, or insurance or fire protec-
tion, thanzr aret imposIUed by this code.
SEC'TIn.N 6. Emplllo~yers shall not reclassify employees or change the
o!ccupal'tions performed by employees or engage in any subterfuge so
as to defeat the purposes of the Aibct or. of this Code.
Scros:'~i l 7. Each'l member of the Indneltry3 shall be furnished by
the Code Authority with o;f;icial copies of the provisions of this Code
relating to hours of labor, rates of pay, and other conditionss of:
employment. Such official copies of such. p!o\isions shall conltainl
directions for filing complaints of violations of such. provisions, and
shall be conspicuously posted at all times by such members of tkhe
Industry in each shop, establishment, or unit, to the extent necessary
to make themx freely necess~ible~ to all employees. Whenever any m-odi-
fication of, or ex~emption, or eceplr~tionl from this Clode permits any
member of the Industry to pay lowerI wages or wCFork1 his emllployees~.C
longer hours, or establish conditions of employment less favorable to
his employees than those prescribedl by the provisions of this Code,
the Cfode A8uthorit~y shall furnish such member withb certified cop~ies of
such modifications, (exempt-,ion, or excl-:io:ns in siufl:-ilnt' number and
such ununber!lc shall post same along c0 Jo of such ofcmIall cenpi~ 1 of Code
provisions. Every member of the Industry shall comply with all
rules and regulations relative to thle potings of p~rovisions~ of codles of
fair competition which many from time to time be prescrib.l by the
Nat~ionall Indll!tirid Recover~y Board.
SECTION 8. Every employer shall provide for the -;fl-ty and I-llvthl
of employeesc during thle hours and at the pllarces of their employment.
Stan~dards for safety antd health shall be submilt le by the Code
Authority to the Nationall Industrial Recovery B3oard w~ithlin threed
monthsl~i after the effective date of the Codl-e.


SECT~iON 1. A Codie Authorit~y is h-e!reb;y estabilished- con~si-tingll of
thirteen (13) repr:;-uiesentties o be selected in, the followiingS Ilmunlcer:
(a) Thirteen (13) r~epl~rrentatives of the Industry shall bie chosen
as follows:

1. Eight (8) members shall be selected by the WVomen's Neckwmear
and Scarf Masnufactulrers Association.
2. One (1) mIlembe shall be selectedl by members of the Inldustryv
in the Eastern area, who are not members of the above-mentionedl
Association; one .(1) member shall be elected by members of the
Indutl~ry located in the GCntr~al ar~ea; and one (1) mlember shall be
elected by .members of thle Industry located in the WT~estern area.
(b) Two (2) representatives of t~he employ~ees in the Industry who
shall be appointedt byr the National Industrial Recovery3 Boarld upon
the nomination of the Labor Akdvisory Board, of the National
Recovery A~dministration.
(c) Upon recommendation of the Code ASuthority, the NaT~tional
Industrial Recover~y Board may increase the number of Industry
memnbers~ to provide for the rIepr~esentatio n of such, further groups
as it mayT deem necessary.
SECTION 2. In addition to the membership> as above providedl,
there maay- be from one to three members, without vote, to be kno-wn
as Administration ~e~mbers, to be appointed by the lJNational
Industrial Recovery Board for such terms as it may specif~y.
F ECTICIx 3. Each trade or industrial association direcetlyT or indi-
rectly participating in the selection or activities of thne Code Authlor-
ity shall (1) impose no inequitable resjtrict~ion on membership, and
(2) submit to the National Industrial Recovery Board true copies
of its Articles of Assoc~iation, By-Laws, regulations, and any amend-
ment when mlader thereto, together with. such other information as
to met~mbership, organization and activities as thne ~National Indus-
trial Recovery Board may dee-m necessar-y to effectuate the pur-
poses of the Act.
S-ECTION 4. In order that the Code Authority shall at all times
be truly representative of the I~ndulstry and in other respects comr-
ply with the prov-isions of the Act, thle ~National Industrial Rceov-
ery Board may prescribe such, hearings as it mnay deemu proper;
and thereafter if it shall find that the Code Aulthor~ity is not truly
representative or does not in other r~espects comply with the provi-
sions of the Act, may require! an appropr~iate mlodification in the
method of selection of the Code Authority.
SECTION 5. Nothing contained in this Code shall constitute memn-
bers of the Code Au~thority as partners for :any purpose nor shall
any mnember~s of the Industry be liable in any m~anner to anyone
for anyT act of any other member, officer, agent. or employee of the
Code Authority. ~Nor shall any member of the Code Authority~, exrer-
cising reasonable d-iligenc~e in the conduct of his duties h~ereunlder,
be liablet to anyone fbor atny action or omission to act under this
Code, except for his own wilful malfeasance or non-feasan~e.
SEC'TION 6. If the Nationcal Industrial Recoveryr IBoard shall at
any time determine that any action of the Code Authority or any
agency thereof may be unfair or unjust or contrary to the public
interest, the National Industrial Recovery Board may require, that
such action be suxspende~d to afford an opportunity ftor investiga-
tion, 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~ational Industrial Recover~y Board app~roves

or unless it shl~nl fail to disapprove after thirty (30) d-ays' notice
to it of intention to pr1oceedrr with such action in its original or
modified formn.
SEcTION 7. Subject to such rules and regulations as may be issued
by the National Industrial Rtecovery Boar,~1~ the Code Authority shall
have the following powFers~ and duties in addition to those authorized
by other provisions of this Code:
(a) ToCc insure the execution of the pro-visions of this Code and to
provide for the compliance of the Industry with the provisions of
the Atct.
(b) To adoplt By-~Laws and rules and regulations for its pro-
(c) To obtain from members of the SlIndut; y s-uch information
and reports as may~ be r~equ'ired~t by thme National Industrial Reco~very
Board for the administration of the Code. In addition to informna-
tion required to be su~bmittedi to th-e Code Authority, members of the
Industry subject to this Codle shall furilhil such sta!ti-til.-al informat-
tion1 as the Nationazl Industrial Recovery B~oard may deemn re -~l--ar1y
for the purposes" s rected* in- C---: Seto 3" (a of t-he Act to such Feder~lal
and State a tenclies as it many designate;; providedl that, nothingr in this
Code shall relieve anly member of the Indlustry of any: exi-tingb obli-
gationjls to f-urnish1 reports to anly government.l~lt ageni.'1~ All indii-
v\idual reports .submit tled by members of the Inldustry as her~ein pro-
vided either to the Code! Authority or any of its agencies or to
agencies of the Govc~lrnmenti shall be treated as confidenitial, and shall
not be disclosed to any other member of the Industry or any other
party ecepl.tlt such confidential employees of the Code Authority who
are dlesilnated to receive such reports and such other gove(.:'!:lnowatal1
agencies as mnay be directed by the Natioznal Industr~ial Rlecovery
(d) To use such trade a--lc~iatio~ns and mother agencies it th:--ine
proper'.' for the e~ni: ryig out of anly of its functions pr~ov-ided the~rein,
p~rovrided that nlothing herein shall relieve the Codeu .1:.thority of its
duties anld responsibilities under-; this Codle andr that such trad assJo-
ciations and agencies shall at all times be sub ject to andl comlply with
the provi-ills: hereof.
(e)To akerecmmedaiocns to the NaltIonal Ind~.o ;trial Re-
cover~y Board for the coordi-nation of the administration of this Gode
with such other codes, if any, as; may be related, to or ef-fect mendes!l:\i'
of the In1-To ry.1'
(f) 1. It foundl~ I";ces~--ar'y in order~~ to support thle a~mninis-
tliirtion of this Codte and to maintain the standardsi of fair iiompet'ci-
t ionr established~l hermeundler and to thle Code Aiutho~rity is nothor-,iz, -d:
(a) to incur -1uch1 rea~sonabllle? obligation1 s as are necessary and
proper for the foregoing purposes, an~d to meet such obligantionrs out
of fulnds which may be raised as hereinafter provided and which
shall be held inl trust for the ll'purposes of the Code;
(b) TIlo submit to the N~ational Industrial Relrcovery' Board for its
applroval, subject to suchl notice and oppo.l~rtnity to be heard as it

mnay deem necessary (1) an itemized budget of its estimated expenses
for the foregomng purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contrib~utedl by
members of thie Indus~try.
(c) After such budget and basis of contribution have been ap-
proved by the Nfational Industrial Recovery Boardl, to determine
andl obtamn equitable contr~ibution as above set forth by all memn-
b:ers~ of the Ilncaustry, and to that enld, if necessary, to institute legal
prcc~eedings t 2. Ealch member of the I~ndusjtryS shall pay his or its equitable con-
tribiution to the expenses of the mauintenance of the Code Auithority,
determined as hereinabove provid.edl, and subject to rules and reg~ula-
tions pertainling thereto issued by the NSationa~l Ind-ust~rial Recovery
Boa rd. Only members of the In dust r y comply in g with thneCd
anrd colnt r~ibut ing to the expenses of its a~dministr~atio~n as hereinabove
provided (Ilnle~s dulyT exempted from making such contributions)
shall be enititledl to participate in. thne selection of the members o
the Code Atuthority or to receive the benefits of any of its voluntary
activities or to manke uset of any emblem. or insignia of the Natio~nal
Ree\c cvr Admi nist ration.
The Code Authority shall neither incur nor pa~y a~ny obl igant ion
substantially in. excess of the amount th~ere~of as estimated in. its
approved budget, and shall in no event exceed the total amount
colflntaine in theap rovedP, budgerFt, eeprnt, upon apprlovanl of the N~a-
tional Industrial Rec~overyI BIoard; and no subsequent budget shall
contain any deficienlcy item or expendlitulres in excess of prior budget
est inmates except those which the National lndust rial Recovery7 Board
shall have so appr!oved~.
(g) To recommend to the National Industrial Recovery Board any
action or measure deemledi advisable, including fur~ther fair trade
practice provisions to govern members of the Indcustry inr their rela-
tions with each other or w(ith other inldust ries ; mleaures of industrial
planning, and stab~ilization of employment; and including m~odifica-
tions of this Code which shall become effective as part hereof upon
appr,~oval by the National Industrial Recoveryr Board after such notice
and hean'ilrin as it may specify.
(h) To appoint a trade practice committee wFthich shall meet with.
the trade practice committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationship between emnployers under
this Code and ulndrcl such other codes to the end that such fair trade
practices may be proposed to the National Industrial Recoetrry 1Board
as amendments to this Code and such other codes.
(i) To provide appropriate facilities for arbitration and, subject
to the approval of the National Industrial R~covery Boar31d, to pre-
scribe rules of procedure and rules to effect compliance with a wards
and determninatio~ns.
(j) The Code Authority shall cause to be formulaltedl methods of
cost findilgr anld accounting capable of use by all members of thle
Industry, alnd shall submit such methods to the ~National Industrial
Recovery Board for r~eviewr. If appr~oved by thre NaTtional Industr~ial
Recovery Board, full information concerning such methods shall be

made available to all members of the Industry. Thereafter, each
member of the Industry shall utilize such methods to the extent found
praciticable.t~ Nothing~ herein contatined~ shall be construed to permit
the Codet Authrc~lity', any agent thereof, or anly members of the
Indlustry~ to su=gesit uniform additions, l"--rcrenta~ge or differentials or
other uniform itremls of cost which are designedrc to bring~ about
arbitrary uniformity of costs or 1"l'ic -~

SECTION i. In ncturlal,~l:nce with the provisions of this Ar~ticle, all
products mlade in t~he Indus~lt:y, as dtefined~l in AtLrticle I, Sect~ion 1,
shall bear an NRA label to symbolize to purchasers of said produciti
the conditions udr~lr~l which they were manufactured. The Code
Authority shazll have the exclusive power in the WTomeen's Neckw~ear
and Scarf Ma~nu~fo~torling Industry, or subdivisions thereof, to issue
and furnish, such Ilabels to the membillers thereof.
The~ Code Authority, subject to the approval of the National In-
dustrial Recovery Board and in, accordancer't with its regudllllations on
the use of such labels, shall establish rules and regulations for the
issuance of such labels and for the: inspection, examination. and
supervision of the practices of inemberslr of the Induslltry3 n ingb such.
SECTIoxS 2. All forms used atnd rules and I~~reglatio~ns issuled in con-
nection with this iArticle for obtaining information fromt mnembers of
the Industry shall be subject to the appr~oval of the National~l Ilndus-
tr~ial Recov~ery Board.
SCEC.nnI-s 3. The Code A~uthor~ity, subject to thej approval of the
National Industrial Recovery Board, shall prescr-ib~e the method by
which said labels shall be attachedr l to products of the I~ndustry, to
the end that su~chl labels shall remain iden~tifiedl' therewith when such
product or pl~~'rodct~s are sold, shipped or dist~ribulted~ by anly member
of the IEndus.itry.'
S6rc:-noxl 4. Upon ap1plica~tion3 to the Code iAuthorTity latbels shall
be issued to all membriscl.- of thle IndCustrIy subject to the Codle, so long
as they are comnplyinlg with all provisions of the Code and of the
Ahct and withi all- rul es and re!_I i1lit~ionls duly adcroi tcd purr~su~ant i (the to.
T'he ap~plicaztion for the use of labels shall be accomlpaniedl by a
certifka:te of compliance with this Code substantially in the form
1''laws.ibed by the National Inldustrial Recovery\ Board.
Sc<,,i!. ne 5. whenever thec Code Author'it;y shall have cause to
believe that anyone subject to the Code hats violated any pr~ovisionr
of thre Code or of the Act, or of any rule or regu~laltionrl dulll;Y adted~3tC
pursuant thereto, it shall givep du~c lnotice of th-e charge aga;ll.inst him
and shall afford adequate opportunity to be heard. u sata
record of all her-lrringsr shall be made. If, after such hearing!!s, in the
judlgmlent of the Coide Authority, there~c is umelent~r evirlenlcet of vFiola-
tion to justlify such, no:tion!, the Code Auth~flority may suspend the
issunnee~t of Inbeh~l to such perso;c n or ~firm. Immediately, and in. no
case later thanll tlhe day following the snapensllion1 of thle isman~llcer
of la~bels, the Cotle Author,:ity' shall file a surmmary of the r~cord~ of
the hearing with such, rec~ommue ndatic.ns; as it may deeml proper,

with the National Recovery Adminisi~itratin Compliance Division,
or such branch~ thereof as it maty d-esignate. Th~e hNational Recovery
Adlminist ration Comnpliance D~ivision,~ or designatedl branch t her~eof,
shall have thte plower, up~on thle record or after further hearing, to
withholdd the i~ssuance of labels, to withdraw ther Iirigt to us5e labels,
to affirm, sus~ipendl or mod0ify the~ action. of .the (crlle Auth~ority,, or to
takre such other alppropriate nation as it Ilnny d~eemi nleceSsary\. In
such conferences or hetnc~ings as may be he'll b~y the National R~ecov-
eryT Admi ni~st ration ComnplianceDivsio or detsiglnated branch
thereof, the Code Authority shall be given an opportunity to
SECTI-ON 6. The Code Aiut~or~ity shall not give, or authorize to be
given, any publlic~ity in. case of alleged violations until an adjust-
ment has been effected, or until the National Recov~ery Admninlistr~a-
tion Compllianlce Division or dlesignlated~ branch th~ereo-f, shl~nl have
notedl upon the case~.
S~ECTIO~ N '7. The chn rge for labels by the Coder Authority shall at
all. times be subject to the supervision a7nd- borders of the NationalI
Indtustrial Rercov-ery Board and shall not be more than~ the amount
necessary to cover the actual reasonlable~ cost thlereof, i~cludinrw
actual printing, distribution and admninistration and superv-ision of
the use thereof.
SEcTION; 8. This At~rticle shall not becomet effective until such
time as the Code Aulthority, by resolution, shall declare an effective
date for this Article; sulch dante shall in Ino event be less than fifteen
(15) days after the publication of such .r~esolution by the Code

The following practices constitute unfair I1w1thods of competition
by members of the InldustryS and are prohiblited-:
SECTION-, 1. No mlemnber of the Industry shall sell merchamnlise at
a cash discount in excess of 8/10 E. O. M~. to th~e r~etil trader and 3/10
1E. O. M. to the cutting up trade.
No extra dating shall be allowedl except that merchai!n dise shipped
after the twmenty-fifth of the month may be billed as of thle first of
the followringr month.
SECTION 2. No member of the IndustryT shall sell mer~chandises on
consignment or on memI~~oralndum I, except under conditions to be
defined by the Code Authority where the particular circums~~tance~s of
the Industr~y require' e the prac~tie, and such exceptions shall be subject
to approval of the National Industrial Recovery Board.
SECTION 3. No member of t~he Industry shall accept for credit
rettur'lC1ned er'Chali el~E except for defects in material and/or manu-
facture, delay in delivery, errors in sh~ipmlent or failure to conform.
to specifications. No returned mnercha~:nd:isie shall be necep~tedl for
credit if returned after ten (10) diay~s from date of receipt by cus-
tcmerll except for failure to conform with spc~ificantions or on account
of defects in material and/or m a Iu fa ct ure not d iscove rable by reason -
able ins~pectionl. Notice shall be giveln to the Code Aulth~or~it of anly
returnedl mrchaci~ndisi e ncepjlted b~y a member of the Indus-tr~y after
ten (10) days fromt the date of the receipt thereof by thle culstomler.

Sre'I CNo 4. Memllbers~ of the Industry~ may permit anticipation of
bills but in no event shall such anticipation be at a higher rate than
69.; per annum.
SECTION 5. No swl.'-mberC1 of the Trade1~- shall secretly offer or make
any7 paym~ent or allowance of a rebate, refunds, commlliss~:ioncreit
unear1ned' discount or excess allowan;~cre, whether in the form of money
or otherwise, nor shall a member of the- Trade? secretly offer or ex-
te~nd to any cus~to~mer anly special service or privilege, not extended to
all customers of the same ch n~, for the purpose of inlflluencling~ a, sale.
SECTION 6. NO member of the3 Indu-try3 shall pay transportation~
charges"c or makzle allowalncet for del~ivery3 cha:rg~es other than f. 0. b.
city of origin; members of the Industry shall charlge additional de-
liveryr chln reesi fr~om the city of origin to thYe point from which the
glood.; are shipped to the customer. The delivery of merchandise by
salesmen while traveling on thcir resprctliv-e routes is prohibited.
SeeslosI( I 7. N\o ne-subl:,:..l of the Indusltry3 shall dicenl~tly or indirectly
pay for the advertising expenses of its customers, prlc-plective cus-
tomler~s or \their; nceentc.
SEc.TrcIU 8. NO mlemb~ler Of the Indlustry shall consent to a, repudia-
tionr of a contract and/or ncel~pt. the cancellation of an o~rder~l entered
into in. goodj faith, whenctl the consent to such repudiation is for the
pur ~p"-.e of giving such members unfair a~dvantage or ad v ~n ntges
over other members of the Induxstry.
SEC'TinNZ 9. No memberr of the Industry shall defazme competitors
by falsely imputing to them dishonorable cnduct, Inabllility to per-
form contracts, questiclnabll ecredlit -tanlding, or by thne false dispar-
agnwnt.l~l of the grade or quality o-f their goods.
SECTION 10. No member of th-e Industry shall give, permit to b~e
given, or directly offer to griv~e anything of value for the purpose of
influncing; r or IPcrewrding the action. of any employee, ag~enlt, or rep:1-
resenclta;ti;-e of another member of thle Ind~:Nr:ly in rin:tionP to thle busi-
ness of the employer of ach~l emp~loyee, the principle of such agent'l
or the re~1prsenteld Iparty without the kn-Powledlge of such employer,
pricipl o paty.This provision shall not; be corlt m~ed to pro-
hibit free and pr-nera~zl distributios n of artl-s~( commonly used for
advertising except so far as such articles :!lr' actually used for cuinll-
mrcial bribery as hlereinabo~ve tldefIine d
SECTION 1I1. NO members of the Indlustry shall mraliciously induce
b?'c;rech of contract b~etwe)en any comlpetitor and his emlployeest~ en-
gaged'~ in executive or supervisory <:llpne;iti:,- with the intnion.lf;l of
handicapping or emlbarrl-eing the com~petitorn in the kIndll~lln or
conds lting of his bwinesirz .
FEc:Trlls 12. No mnemiber of thle Industry shall wilfully withhold
fl'nil or insec'lt in. any quotation, statement of account or invoice any
statement thast makes;!~ it ina:~Ccura'.te in. any material particular.

This Code shall not be construedl or applied to promote or permit
monopolies or monopolistic p~rnc~tices or to eliminate or oppress small
enlterpr'ises or to dliscrlilininu~te against them~.


liR I Il I ilili l ll l l lll lll1 ||1111 111111 111 I
96 3 1262 08486 7984


SEcTION 1. Thijs Codle andt all provisions thereof are expressly
madte subject, to the right of the Presidlent. in accordance with the
provisions of subsection (b) of Section 10 of the National Indlustrial
Recovery Act. froml timne to timie to cancel or miodify any. order,
approval, license. rule. orI regulation issuled under Title I of said
Act and specifiedly, but without limlitation.. to the right. of th~e Presi-
dlent to canicel or' mnodify' his approv-al of this Code o~r any conditions
imposed by himi up~on hiis appriovnl thereof.
SECTIOJN 2. This5 Code, exceplt. as to provisions reqcuiredl by\ the Act,
may be mnodifiedl on the basis of experience or changes in circum-
stances, suich modtifications~ to- be basedl upon application to the N-a-
tional Indus~~trial Reccovery? Board~, and suc~h notice and hearing as
it shall spiecify~, andi to become effective on approval of the National
Indulstrial RIecovery~ Boari.

Whereas thle policyl of the Act to increase real purchasing power
w~ill be madle mor~e difficult o~f consummation if prices of goods and
services increase as rap~idly~ as wages, it is recognized t~hat price in-
creases ex;cep~~~~~~~~ttttttttt such~ as ma? be require d to m~eet individual cost should
be dlelayed. But w-hen made such increases should, so far as possible,
be limiitedl to actuial add~itional increases in the sellers' costs.

ARTICLE----------------- XI-EF'FEC'TIV.E DATE

This Codle shalll become effective upon t~he third 1\Ionday after its
AppIroved Codle No~. 538.
IRegistry Nor. 240-02.