Supplementary code of fair competition for the fur wholesaling and distributing trade (a division of the wholesaling or ...


Material Information

Supplementary code of fair competition for the fur wholesaling and distributing trade (a division of the wholesaling or distributing trade) as approved on June 9, 1934
Portion of title:
Fur wholesaling and distributing trade
Physical Description:
10 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Fur trade -- 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:
At head of title: National Recovery Administration.
General Note:
"Registry No. 912-11."
General Note:
"Approved Code No. 201--Supplement No. 11."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004940620
oclc - 63654922
System ID:

Full Text

Approved Code No. 201--Supplement No. 11 Registry No. 912--11






(A Division of the Wholesaling or Distributing Trade)







Forsal~e by thes Superintendent of Documents, W'ashingtonD.C. Price 5 ceuts

This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commaerce.
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Comzmerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 801 F'irst National Bank Building.
H~ouston, Tex.: Chamber of Commerce Building.
In.1iarnnaolis, Ind.: Chamber of Commerce Building.
Jalck.4ooville, Fla.: Chamber of Commerce Building.
Ka!lnas City, Mo.: 1028 Baltimore Avenue.
Los Angele~s, Calif.: 1163 South Broadway.
Louisville, Ky.: 4108 Federal Building.
M~emphis, Tenn. : 220) Fellerall Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
Necw Yolrk. N.Y.: 734 Customhouse.
SNo)rfolk-, Va.: 406 East Plume Street.
Philmlelph~lin. Pa.: 422 Commercial T1rust Building.
Pittsburgh. Pa.: Chamber of Commerce Building.
Por~tland, Oreg.: 215 New Post Ofi~ce Building.
St. Louis. Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle. Walsh.: 809 Federal Office Building.

Approved Code No. 201--Supplement No. 11



As Approved on Junre 9, 1934




A~n application having been duly made pursuant to and in full
compliance with the provisions of Title I of the N~ational Indlustrial
Recovery Act, approved June 16, 1933, for approval of a Supple-
mental Code of ]Fair Competition for th~e ]Fur Wholesalingr and Dis-
tributincec Trade to the Codte of Fair Comlpetition for the Wholesal-
Ing or rbistributing Trade, and hearings having been duly held
thereon and the annexed report on said Code, containing findings
with respect thereto, having been madle and directed to the Presid~ent:
NJOW~, THEREF"ORIE, on 'behalf of the Pr~esident of the United
States, I, Hugh 8. Johnson, Admlinist~rator for Industrial Recovery,
pursuant to authority; vested in me by Executive Orders of the
President, including Executive Order lio. 6M-3-A, dated D~cemlber
30, 1933, and otherwise; do hierebyS incorporate by reference said
annexed report and do fnd that said Sulpplemental Cod'e complies
in all respects w~ith the pertinent provisions and wc9ill promoted
the policy and purposes of said Title of said Act; and do hereby
order that said Supplemental Code of Fair Comlpetition be and it Is
hereby approved, subject, however, to the following conditions:
(1) that the p~rovisions of Section 1. and Section. 2 o-f Atrticle VII
be and are hereby stayed, pending further study and investigation
of the probable effects of such provisions on thle established p~crac-
tices and marketing needs'of the Trade, and until the approval b
me of recommendations of the D~ivisional Clode Authnority based upon
such investigation, and subject to my further order.
Ad2ministrator for Indlu~strial Recovery.
Approval recommended:
H. O. KtI~co,
Division Admninlistrator,
Junle 9, 19~34.
60G334*-6j7-7G---34 { i


The W7hite How~e.
SIR : This is a report of the hearing on the Supplemental Code
of Fair Competition of the Fiur W~holesaling and Distributing T'rade
conducted in Room 109 of the Raleigh H~otel on Alpril 21, 1934.
The Supplemental Code which is attached was presented byT a duly
qualified and authorized representative of the Trade, complying
with the statutory requirements, said to represent 82 per cent in
number and about 80 per cent in volume of sales of the T~rade which.
could be included in this Supplemental Code.

According to statistics furnished by members of the FEur W~hole-
a~lingr andl Distribultingr Trade, there are approximately 85 estab-
lishments wvith aggregate annual sales of $10,000,000. The TIrade
employs about 4,000 persons.
The hour and wage provisions of this Supplemental Code estab-
lish a maximum 40 hour work week and a minimum $16 weekly wage.

The provisions containing supplemental definitions are considered
inclusive and accurate.
The supplement to the Administrative provisions of the General
Code establishes a D~ivisional Code Aduthority which is fairly and
adequately representative of all the different elements in the Trade.
The Trade Practices proposed are not consideredl in any way ob-
jectionable. The provision regaardinga labels is designed to eliminate
any~ conflict between the manufacturer and the wholesaler.
The Deputy Administrator in hnis final report to me on said Sup-
plemental Code having found as herein set forth and on the basis
of all thne proceedings in this matter;
I find that
(a) Said Supplemental Code is wcPell designed to promote the poli-
cies and purposes of TTitle I of the National Industrial Recovery Act,
including removal of obstructions to thne free flow of int~erstate and
foreign commerce which tend to diminish the amount thereof, and
will provide for the general welfare by promoting the organization
of trade for the purpose of cooperative action among trade groups,

be inducing~ andi mniaintining united action of labor and mainagemelnt
under adequlate gocvelrnmntllrlt 1 sanictioni andi superIvisio n, by1 clinunar~t--
mg, unfair comlpetitive practices, byg promnoting~r thec fullest possible
use of thle present prod uct ive cpesety of inusris by avoiding
undue restrictiono routon (xeta a etemlporailyT
requiredc), byr inlcreasing the consumption of industrial andi agricu~l-
tur~al 1rod~uc~ts through inlcreasingt purchasingin p~ower, by reducing
and re ievinr unemp Iloyment, by imnpro i n g standaurdls of labor, anQ
byT otherwise rehanbilitatingr indlustr~y.
(b) Said Trade normally employs not more than 50,000 employees
iand it is not classified by me as a major industry.
(c) The Supp~lemlental Codle as applroved complies in all respects
w~ith the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7 and Subsection (b) of Section 10 thereof; and that the
applicant association is a trade associatio-n truly representative of
th~e aforesaid Trade; and that said association imposes no inequitable
restrictions on ad~missionl to mlembership therein.
(d) Th~e Supplemen tal Cod`e is not designed to anid will no0t permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elimi-
n1ate or opp~ress small enterprises and will not operate to discriminate
against them.
(f) Those, engaged, in other steps of the economic: process have not
been deprived of the right to be heard prior to the approval of this
Supplemental Code.
F~or these reasons, the Supplemenltal Code hass been approved.
Huan S. Jo~INxonV,
Ad imin ist rator.
JUN E 9, 1934.




To effectuate the policies of T'itle I of the National Industrial 1Re-
covery AIct, this Supplemental Code is established as a Code of Fair
Competition for the Fur WF~holesaling and Distributing Trade, pur-
suanlt to Article VI, Section 1 (c) of the Code of F'air Competition
for the wholesaling or Distributing Trade, approved by the Presi-
dent of the United States on January 12, 1934. All provisions of
the said General Code which are not In conflict with the provisions
of this Supplemental Code are hereby specifically incorporated by
reference in this Supplemental Code and made part hereof.Sc
provisions of the General Code together with the provisions of this
Supplemental Code are the standards of fair competition for, and are
binding upon every- member of, the said Fur Wholesaling and Dis-
tributing Trade.
1. TIhe term fur wholesaler or "' fur distributor as used herein
is defined to mean any individual, partnership, association, corpora-
tion or otlier form of enterprise, or a definitely organized division
thereof definitely organized to render and rendering a general' dis-
tribution. service of manufactured fur garments, which buys and
maintains at his or its place of business a stock of mnanufactured fur
garments and which through salesmen, advertising, and/or other
sales promotion devices, sells to retailers and/or to institutional, com-
mercial, and/or industrial users.
2. The term "' the Trade is defined to mean the business in which
fur wholesalers or fur distributors engage.
3. The term manufactured fur garments as used herein shall
mean manufactured fur coats, fur scarfs, fur trimmings, fur ruigs,
fur pocket-books, fur muffs and kindred manufactured fur articles.
4. The term Divisional Code Authority ", as used herein, shall
mean the Divisional Code Authority for the Fur Wh""""""olesaling and
Distributing~ Trade, a division. of the Wholesaling or Distributing
5. The term "' General Code ", as used herein, shall mean thne Code
of Fair Competition for the WSholesaling or Distributing Trade.
6. The term "~Association ", as used herein, shall m~ean the Fur
Wholesalers Association of America, Inc.


1. (Supersedinga Article III, Sections 1 (a) and 1 (b) of the
General Code.) No emplloyee shall be per~mitted to w~orkr mocre than
forty (40) hours in any one weekc, nor more than eight (8) hours
in any twFPenty-four hour period, nor mor~e thanr six: (6j) dayrs in any
seven-day period, except that empIloyee may be permnitted~ to workrl
forty-eight hours per w-eek during a maximum of twelve (12) in any
calendar year provided that for any and all such w-orkl in excesso
forty (40) hours per week such. employee shall be paid at not less than
onle and one-third times th~e hourly rate payable for the basic forty
(410) hour week.
2. The prov-isions of this Article shall not apply to persons regu-
larly rIeceivinga a salary of $35 or more per week, employed in an
executive, mlanag:erial, or admmnistrative capacity.

1. (Supersedingr Alrticle I[V, Section 1. (a), (b), (c), and (e) of th
General Codet.) No employee shall be paid less than $16 per w~eek,
or less than 410& per hour, for a forty (40) hour work w~eek.
2. JTunior employees between the ages of 160 andr 1_8 years, inclu-
sive, may be paid at the rate of two dollars ($2.00) less per week
than the minimum wage rate per week otherwise applicable to themn
for the first 1.2 months of their employment; and learners over 18
years of agae mayr, for a period of three months from the date of their
employment, be paid at thte rate of two dollars ($2.00) less per
w~eek than the mninimiumi wage per w~eek otherwise applicable to
te.The. number of employees classified as juniors or learners
combined shall not exceed more than 10%4~ of all employees.
3. (Super~sedinga Article I[V, Section 2 of the General Code.) N~o
employee whrose normal full-time weekly hours as of July 1, 1933
are reduced by less than 20%r shall have his full-time weeklyl earn-
ings as of July 1, 19;33 reduced. No emlployee whose normal full-
time weekly hours as of Jruly 1, 1933 are reduced 209~ or more shall
have his full-time weekly earnings as of July 1, 19333, reduced by
more than 10%1". Wages above the miirnium shall be increased by an
equitable adjustment of all pay schedules in order to maintain dif-
ferentials existing prior to the adoption of this Supplemental Code.
Within sixty (60) days after the effective date of this Supplemental
Code a report of all wage adjustments shall be madle to the Admuin-
1. Every employer shall provide for th safety and health of his
2. There shall be no inside or outside contracting other atha per-
mitted by the approved Fur Mianufacturing Code.
3. Every employee discharged since July 1, 19;33, who has been
re-employed at a lower rate for the same class of work shall report
such fact to his present employer and it shall be the duity of such
emp'loy'er to submit a list of such cases to the Atdministration member
of the Code Authority. Everyv employee shall receive a vacation
with full pay, two weeks out of every fifty-twro week period.

4. No employee who has been regularly employed for eight weeks
with any one establishment may be discharged without a dismissal,
pay of two week in advance. No employee shall be dismissed by
reason of making a complaint or giving evidence with respect to an
alleged violation of this Supplemental Code.

1. (a) To provide an effective procedure for the administration
of this Supplemental Code and to cooperate with the Administration
in the administration of this Supplemental Code, a Divisional Code
Authority is hereby established.
The Divisional Ciode Authority shall consist of nine members or
ten members, if the Administrator deems advisable, to ~be chosen
in the following manner :
Five shall be elected by the members of the Trade located in the
State of New York, who are members of the Association.
One shall be elected by the members of the Trade located in the
States of Illinois and Miinnesota, who are members of the Association.
One shall be elected by the members of the Trade located in the
State of Michigan, who are members of the AtSssociation.
One shall be elected by the members of the Trade located in the
States of California, Oregon, and WCashington, who are members
of the Association.
One shall be elected by the members of the Tr~ade located in the
States other than. herein provided for, who are members of the
The Administrator may, if he deem it advisable, appoint the
tenth member of the Divisional Code At~uthority from the Fur W7~hole-
salers who are not members of the Association.
(b) The Divisional Code Authority shall from its membership
elect one member to represent thne Trade on thne General Code
(c) The Board of Directors of the Association shall appoint a
nominating Comnmittee consisting of five members rep-resentative of
the TIrade. This nomninatingf Comnmittee shall within three (3)
days after the approval of this Supplemental Code, prepare sepa-
rate ballots for the different territorial divisions specified in. Sub-
section (a) of this Section, each ballot to contain the names of the
appropriate number of nominees for a paeo h iiinlCd
Authority-, i.e., five from the State of New o one fr isoma thde
States of Illinois and Minnesota, and one from the State of Michi-
gan, one from the States of California, Oregon and Washington,
and one from the States other than herein provided for. The said
ballots shall contain in addition to the names of the nominees,
blank lines for the inclusion of the same number of additional names
which may be filled in by any member of the Trade voting for the
Divisional Code Authorit~y. ISuchl ballots shall be mailed to each
member of the Association and such other members of the Trade whT~o
have agreed to be bound by the terms of this Supplemental Code.
Such ballots in. order to be counted must be post marked not, more than
ten days after being mailed by the nominating Committee, and must
be accompanied by a certificate of assent and compliance to this Sup-

plemental Clode, and the General Code. The ballots shall be publicly
opened and the votes tabulated by the nominanting Committee, and
the nine names receiving a plurahity vote shall be declared members
of the D~ivisional Code Authority.
2. Each member of thle T~rade shall within thirty (.30) days after
the effective date of this SCupplemental Code register with the Divi-
sional Code Aut~hority. All1 members of the Trade whto mayr engage
in the Trade thereafter shall likewise register with the D~ivisional
Code Aut~hority. Registration of the members of the Trade shall
include full name and mailing address of such member. The time
limit for registration by any meber may be exrtendedl by the
Divisional Code Authority.
3. Subject to such rules and regulations as may be issued by the
Administrator, the D~ivisional Code Authority shall have the follow--
ing powers and duties in addition to those authorized in the General
Code and in addition to those authorized by other provisions of this
Supplemental Code.
() To appoint a Trade Practice Commit~tee, which shall meet
wihte Trade Practice Commit~tees appointed under such other
Codes except Supplemental Codes to the General Code as na~y be
related to the Trade. for the purpose olf formulating Fair Tnrade
Practices to govern the relationships between production and distri-
bution employers under thlis Code and under such others, to the end
that such Fair Trade 1Pra~cties mlay be proposed to the Administra-
tor as an amendment to this Code and such other Codes.
(b) To appoint a Regional Committee in each such regions as the
Divisional Code Aut~horit~y may establish, to assist the Divlisionazl
Code Authority in, administering the Supplemental Code; provided,
however, that nothing herein shall relieve the Divisional Code
Authority of it responsibilities as such.
(c) To organize, elect offcers, hire. employees, anrd perform suchl
other acts as may be necessary for the proper administration of the
Supplemental Code.
(d) To establish anl agency on planning.
(e) To adoptbylaw~s, rules, and regulations for its procedu re._- -
(f) After such public hearing steAmnsrtrmydsgae
and ubjct t th appova ofthe Administrator, the D~ivisional
Code Authority may establish other and further rules than are con-
tained in this Supplemental Code at the presen time coveringr such
other subjects as conditions in this Trade may require, together with
regulations concerning principles such as loss limitation, selling
below cost, and price reporting.
(g) To from time to time suggest modi~ficains;n I of ndi/ol ramend-
ments to this Supplemental C~ode and to assent to such modifications
and/or amendments, and to the Supplemental Code in its final form
as modified and/or amended.
4. Nothing contained in this Supplemental Code shall constitute
the members of the Divisional Code Authority partners for any pur-
pose, nor shall any member or members of the Divisional Code Au-
thority be liable in any manner to anyone for any act of any other
member, officer, agent, or employee of t~he Divisional Code Au-
thority. Nor shall any member of the Divisional Code Authorit~y
exercising reasonable diligence in the conduct of his duties hereunder,

be liable to anyone for any act or omission to act, under this Supple-
mental Cod~e, except for his own willful misfeasance or non-feasance.
5. If the Administrator shall determine that any action. of the
Divisional Code Authority, or any agency thereof, may be unfair or
unjust or contrary to the public interest, the Administrator m~ay
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and for further considera-
tion by such Divisional Code -Authority or agency, pending final
action, which shall not be effective unlless the Aidministrator approves
or unless he shall fail to disapprove after thirty- dayIs' notice to him
of intention to proceed with such action in its original or modified
6. It being found necessary, in order to support the administration
of this Supplemental Code and to maintain the standards of fair
competition established by this Supplemental Code and to effectuate
the policy of the Act, the Divisional Code Authtority is authorized,
subject to the approval of the Administrator :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing$ purposes a~nd 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 Supplemental Code.
(b) To submit to the ALdministrator for his approval, subject to
suchn notice and opportunity to be heard as he ma1Zy deem necessary;
(1) an itemized budget of its estimated expenses for the foregomng
purposes, and (2) an equita-ble basis upon which thle funds necessary
to support such budget shall be contributed by members of the Trade.
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the Trade, and to
that end, if necessary to institute legal proceedings therefore in its
own name.
(d) After the approval of the Administrator of the itemized
budget of estimated expenses and an equitable basis of contribution,
non-payment by any member of the Trade of an assessmlent levied by
the Divcisional Code Authority as an equitable share of the cost o~f
administration shall constitute a violation of this Supplemental
7. Only members of the Trade complying with the Supplemental
Code and the General Code and contributing to tlhe expenses of its
administration as provided in. Section 6 hereof shall be entitled to
participate in the selection of the Divisional Code Authority or to
receiv-e the benefit of its voluntary activities or to make use of any
emnblemn or insignia of the National Recovery Administration.
8. (a) There, shall be established an Industrial Relations Com-
mitteie for the Fur Wholesaling and Distributing Trade, to be con-
stituted of seven (7) persons to be selected as follows:
(1) An impartial chairman to be appointed by th~e Administrator
in the event the rest of the Committee fail to select one by: agreement.
(2) Three (3) representatives of employers to be appointed by the
Divisional Code Authority for the Fur Wholesaling and Distributing
(3) T'hree (3) representatives of employees to be appointed by a
truly representative labor organization, if such exists, or representa-

tives nominated by the Labor AIdvisory Bo;3ard of th 3Natin
Recovery Administration, and appointed by, the Aldministrator.
(b) The Industrial Relations Committee shall have the following
powers and duties:
(1) To adopt the By33-laws anid Regulations for the procedure of
suc Cfommittee.
(2) To medliateP andr concilialte in r~spectl to a~ny dlisputesn arising
between employers and employees.
(3) To hear and assist in adjusting any complaints arising from
any of the labor provisions of this Supplemental Code.
(~4) To offer their seIrvices as arbitrators, or their assistance in
securing arbitrators in any disputes or complaints arising between
employers and employees, provided such dispute is voluntarily sub-
mitted to their arbitration by both such parties.
(5i) To assist in promlot~ing cooperation between employers and
employees in this Trade.
To assure fair competition and practices in the Trade the follow-
ing trade practice provisions are made a part of this Supplemental
Code and are: binding on all ~fur wholesalers and dist~ributors:
1. No member of the Trade shall grant any greater cash discount
than 210, t~en days, end of month;r it, beingv understood that all mer-
chatndise~ sold on a longer dating than 10 days e.o.m. shall be sold net,
no discount. The miaximum rate~ of' anlticipation shall be 6F9 per
2. No member of th~e Trade shall ship or deliver mlerchandise
coming under the provisions of this Supplemental Code on consign-
ment or memorandum; except under circumstances to be defined by
the Divisional Code Authority~; and except that a member of the
Trade maay ship merchandise for selection or approval provided that
said merchandise be returned within a period of not more than three
business days from its receipt by the consignee.
8. No member of the Trade shall accept the return of the whole
or any part of merchandise where th same has beeni selected by and
sold to the customer or his agent from stock anrd shipped pursuant to
order placed therefore, except for latent defect or pursuant to per-
mission first obtained from the Divisional Code Authority.
4. N~o member of the Trade shall leave wit anybyngaec
office or representative samples of manufactured fur garments orln aec
merchandise for the purpose of procuring orders thereon.
5. No member of the Trade shall give, furnish, lend or ship any
manufactured furs to any customer for the purpose of using the
samle as show pieces for window or other display, with the? priv-
ilege to the customer of returning same.
6. No member of the Trade shall maintain stocks of manufactured
merchandise with any resident salesman unless such salesman be an
exclusive employee of such member of the Trade.
7I. No member of t~he Trade shall accept from purchasers the return
of any manufactured furs shipped or delivered pursuant to order
1 See paragraph 2 of order approving thisr Code.

where the merchandise has been in the possession. of the purchaser
for more than five business days, except when the merchandise has
latent defects or except pursuant to permission first obtained from
the D~ivisional Code Authority.


No member of this Trade shall purchase any manufactured fur
garments unless the same shall bear a NP. R. ~A. label placed thereon
by the manufacturer of said garment.
AL fur wholesaler shall have the option of either permitting the said
label to remain upon the garment or of removing the said label, and
placing thereupon his owPn N. R. Ar. label.
If the fur wholesaler decides to substitute his own label, hne shall
transmit the original manufacturer's N. RL. A. label to the Code Au-
thority governing the manufacturer of the garment from which the
label was removed.
Any member of the Trade may apply to the Divisional Code Au-
thority for N. R. A. labels, which labels shatll be granted to him in
serial numbers so long as he is comnply~ing with the provisions of th~is
Supplemental Code.
Subject to the approval of the Administrator, the Divisional Code
~Authority shall establish rules and regulations and appropriate ma-
chinery for the issuance, supervision and withdrawal of N. R. A.
labels, and the charges to be made for such N. R. A. labels.

AQRTICu:F IXI~~-MomrFICerms~

This Supplemental Code and all the provisions thereof are ex-
pressly made subject to the right of the President in accordance with
the provisions of the Sub-section (b) of Section 10 of the Act, from
time to time to cancel or modify any order, approval, license, rule
or regulation issued under Title I of said Act.


This Supplemental Code shall become effective on the tenth day
after its approval by the Adm~inistrator.
Approved Code No. 201--Supplement No. 1L,
Registry No. 912,-11.

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