Amendment to code of fair competition for the retail jewelry trade as approved on November 30, 1934


Material Information

Amendment to code of fair competition for the retail jewelry trade as approved on November 30, 1934
Portion of title:
Retail jewelry trade
Physical Description:
5 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
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Publication Date:


Subjects / Keywords:
Jewelry trade -- United States   ( lcsh )
Retail trade -- 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:
"Approved Code no. 142--Amendment No. 3."
General Note:
"Registry no. 1631-11."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004921298
oclc - 637153730
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Full Text






Foerale b the Superintrie~nr of Documents, Washington, D.C. - Price cents

Approved Code No. 142--Amendment No. 3

Registry No. 1631-11




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 anld Domestic Commerce.


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Approved Code No. 142--Almendment No. 3



As Approved on November 30, 1934


An application having been duly mnade~ p~ursuant to and in full
compliance witl'i the provisions of TIitle I of the National Industrial
Recovery Act, approved June 16i, 1933, for approval of amnllendment
to the Code of Fair Competition for the Retatil Jewcelry Trade, and
hearings having been duly held thereon and the annexed report on
said amendments, containing findings within respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the Pr~e ident~l of the UI~nited
States, the National Industrial Recovery Board, p~ulrsonnt to authnor-
ity vested in it by Executive Orders of the President, including
Execultive Order No. 6859, dated September 27, 1034~, and otherwise;
does herebsy incorporate, by reference, said annexedc~ report arnd does
find that said amendments and the Code ais constituted after being
amended comply in all respects wFcith the pertinent provisions and
will promote the policy and purposes of said T1itle of said Act, and
does hereby order that said amendments be and they are hereby ap-
proved, and that the previous apprvlo adCd shrb
amended to include an approvalb~o7al of said Code inis entrety as
By W. A. HAnnIMAN, Admisimistratiue Offleer.
Approval recommended :
ROB~ERT L. Houston,
Division ALdmizi~strator.
November 30, 1~934G.
100033" -1 325-113--34 t

The Wht Hous~e.
SmE: IThis is a report of th Hearing on certain amendments to the
Code of Fair Competition for the Retail Jewelry Trade, conducted
in the Rose. Room of the. Washington HAotel, WCashingt~on, D). C., on
July 19, 1934; and of a Hearig on an amendment to said Code con-
ducted in Room 128 of the Willard Hotel, W~ashington, D. C. on May
5, 1934. The amendlments which are attached were presented by the
Naltional Retail Jewelry Code. Authority, the duly qualified and
aurthlor~ize~d repr~esentat~ive of the Trade.
The first of the annexedl amendment s permits professional persons
emplloy,\ed in working at their pr~ofession, to work unlimited hours,
provided theyg receive at least the same minimum wrages established
in this Code for executiv-es. Prior to this amendment there was no
rIestrictio~n as to the hours of labor of professional persons, and due
to thre nature of the wBorkl of professional persons, it is felt that nlo
restrictions as to their hours of labor should be contained in the
Code, provridingr such~ professional p~ersonrs receive adequate compen-
sat lon for their labors.
The s~condic of the anlnexed amendments permnitts employees who
are, espe'ccially 'killedt to work without restriction as to thre maximum.
hours1 of labor during peakr periodls, provided that such emnployment
is c~ompnsac~l~ted( for at th~e rate of time and one-half. Inasmnuch as
dlur~ing~ .sui~ Ich p seasons it is oftenr difficult to obtain skiilledl work-
menrl, Such'1 as watchmaknlers, watch repairmen, engrav\ers aind setters,
and inasmuch as it is often impractical to employ new employees
whose integrityr is not established to handle articles of such high
value which mlighlt ealSilyT be stolen, and who are not familiar with
the particular work; of t~he establishment in such high sk~illed lines,
it is felt that this amendmlenlt is necessary and pr~oper.
The third amendmlent annexed hereto, prohibits the piracy of orig-
inal designs of one retail jewreler by another retail jeweler, when
suchl original design is r~egisteredi within 48 hours of its creation
with the appr~oprialte Codle Atuthority. Through this provision, a
verya unfair practice will be eliminatedl and the positions of designers
emlployedl by retail jewelers will be more secure. Without such pro-
te~ction, many retail jewelers could not afford to employ a designer,
for other retail jewelers who made use of such designs could produce
jewelry based on the original design at a lower cost than thre jeweler
who had the expense of creating th~e design.
The ffourth amendment annexed hereto, regulates advertisements
concerning the sale of jewelry merchandise on installment payment
plans in such a mane as to make certain that thze consumer will
not be misled as to any obligaat~ions which he will have to contract
in addition to the cash price in order to obtain the benefits of paying
the purchase price over a ~period~ of time. It is felt that this amlend-
ment will p~rove beneficial both to the great bulk of retail jewelers
alnd to the consuming public.


Th fifth of these annxed amendments is a revisions of the former
provision prescribing a limit on the number of persons who may
w~ork unrestricted hours under the Code. While it is felt advisable
to permit certain types of employees, such as executives and pro-
fessional persons, to work unrestricted hours, due to the naltur~e of
their occupation, it is felt that in. order to promote the purposes of
the National Industrial Recovery Act in increasing em-ployment, and
bettering the position of employees, a reaso;~nable limit should be
placed upon the numlber of persons wh~o may work unrestr'i(tedr hours
under the Code provisions. It is felt that this prov\ision as amended
sets a limit which is equitab~le both to, the retail jewelers c~oncerned~
and their employees.
The Deputy Administratorr in his final report to the National
Industrial Recovery Boardl on said amendments to said Codec having
found as herein set forth and on the basis of all the proceedings in
this matter;
It ~finds thlat:
(a) The amendments to snidl Code and the Code a~s amended are
well designed to promote the policies and purposes of Title I of the
~National Industrial Rrc~ovcry Ac-lt including the removal of ob-
structions to the free flow of interstate e and fo~rcicrn commelncrc~e which
tend to dliminish th~e am~Jount thereo~cf, and will provide for the ge~n-
eral we~lfar~e by promoting the organization of in dustry3 for the pur-
pose of cooperative action among trade groups, by inducing and
ma int aini ng united action. of labor a ndl managmen`I1(1t under a1:cl le ate
governmnental sanction and supervision, by ehinun~nting unfair com-
petitive practices, by promoting the fullest possible utilizat~ion of
the present -productive capacity of industries, by avoniding undue
restrictions of produl~ction (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increansinga purchlasing power, by redlucing and relieving
unemployment, by improving stan~dards of labor, anod by otherwise
rehabilitation industry.
(b) The Zlode as amended complies in all respects with the per-
tinent provisions orf said Title of said ALct, including without limi-
tat~ion Subsect~ion (a) of Section 3, SCubsection (a) of Section 7 and
Subsection (b) of Sect~ion 10 thereof.
(c) The Code empowers the National Retail Jewelry Code A~u-
thorityT to present the aforesaid amendments onl behalf of the Trade
as a whole.
(d) The amendments and the Code as mended are not desig-
nated to and will not permit monopolies or monopolistic
(e) The amendments and the Code as amended are not des~igned
to and will not eliminate or oppress small. enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of, thre economic process have
not been deprived of the right to be heard prior to approval of said
For these reasons the amendments have been approved.
FIior the National Industrial Recovery B3oard:
NOVEBER 0, 134.Administrative Of)Zoer.

Sulbsection (a) of Article IVT, Section 4 shall be amended to read
as follows:
(a) T1Che mnaximnum periods of labor prescribed in Section 1 of this
Arlrticle shall not apply to professional persons employed and worki-
ing at their profession, who are receiving salaries on the same basis
as specified for executives in paragraph (c) of this Section, or to
outside salesmen, outside colle~ct.0rs, watchmen, guards, and store
det ect i ves.
Add the following paragraph to Subsection (d) of Article IV,
Section 4:
During such peak periods employees who are~ especially skilled,
such as watchmaksers, watch-reparmnen, engravers, designers, polish-
ers, andl setters, mnay worke without :restrictions as to the maximum
periods of labor otherwise prescribed for such peak periods and with-
out regned to the consecutive hour provision of Asrticle IV, Section
6; provided, however, that time and one-half shall be paid for any
hours worked in excess of th~e maximum daily hours otherwise per-
mnitted in such periods, and proydied further, that the: employer shaUl
first, without success, have made a bona fide effort to obtain adldi-
tional- employees.
Adid a new Subsectioin (r) to Article VIII, Section 1:
(r) No retail jeweler shall take orders for, or imitate, a current
original dlesig~n of another r~eta~il jeweer, which design is registered
within 48 hours of its creation with the appropriate Local Retail
JewFelry~ Code Aulthor~lity, or if there be nro Local Code Authnority,
with the National Rietail Jew~elry Code Authority; nor do any wiork
on any such registered design except with th~e written conset of the
person making the registration. The protection of any :individual
registered design under this provcisionl shall extend for, six months
fromn the date of such registration and no longer. The National
Retail Jewelry Code ALutho~rity shall, subject to the disapproval of
the Na~tional Recovery Adtministration, prom~ulgate such rules and
regulations concerning regpistration as may be necessary to provide
that only such current designs as mee~t the requirements of this provi-
sion shall be registered and for the proper enforcement of this
A~dd a new Sutbsection (s) to Article VIII, Section 1:
(s) Advertisements off~ering merchandise for sale on installment
parymenit plans shall clearly and unequivocally indicate the cash
price, and separatelyg in one total amount, all interestt charges and
all other charges which are added to the price at which such mer-
chandise wpill Ybe sold for cash, and/or which must be paid in excess
of the cash, price in order to obtain title to the merchandise so

The following paragraph shall be substituted for Section 5 of
Article IV:
5. Limitatio~n O'p-oni 1Nuber of Person~s Work~ing Unrestrictedl
HouLrs.-1Votwiths a nd ing thne provisions of the foregoing Sections
of this Ar~ticle and regardless of the number of persons otherwise
permitted to w~ork unr~estricted hours, the total number of workers in
any establishment (whether such workers are exec~utivet~s, pr~oprietors,
partners, persons not receiving monertaryy walges, and others) whoe
shall be permitted to work unrestr~tictc: d hours shall not exceed the
following ratio, to be computed upon the avernge number of em-
play'ees during thle precceding twelve (12) months, unless the estab-
lishment has been operating less than twelve (12) months, in which
case the number of employees of instanlt date shall be th~e basis upon
which computatio n shall be made: In establishments comlprisedl of
twenty (20)) workler~s or less, the total number of workers who may
work unrestricted hours (not inc-ludling those workers specified in
subsections (a), (hb), and the second paragraph of subsection (d)
of Section 4 of ths rticle) shall not exceed one (1) w~or~ker for
every five (5) wor~kers or fmnct~io~n thereof; provided thatb in retail
jew-elry establishmIents with five (5) or less workers, two (2) workers
qua"lify~ing under this Section may, but only in a mannargeiln capac-
ity, work unr~estrictedl hours; in establishments compr~isedl of more
than twent (20) work]er~s, the total number of workers wvho m1ay
wor~k unrestricted hlours (not including those workers specified in
subsections (a), (b), and the second p!1ar1agrap of subsecrtion (d) of
Section 4 of t.hlis Article) shall not exrceed one (1) worker for every
~five (5) workers for the first twenty (20) workers and shall not
exceed one (1) worker for ev'eryS eight (8)i workers above twenty (20)
Anirloved Code No. 142---mendmen t No. 3.
Registry No. 16i31-11.

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