Proposed code of fair competition for the mail order fashion studio industry as submitted on August 30, 1933


Material Information

Proposed code of fair competition for the mail order fashion studio industry as submitted on August 30, 1933
Portion of title:
Mail order fashion studio industry
Physical Description:
3 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Mail-order business -- Law and legislation -- United States   ( lcsh )
Fashion merchandising -- United States   ( lcsh )
Commercial catalogs   ( 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. 1702-22."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942942
oclc - 655288390
System ID:

Full Text

Registry No. 1702--22











The Code for the M~ail Order Fashion Studio Industry
in its present form merely reflects the proposal of the above- mentioned
industry. and none of the provisions contained therein are
to be regarded as having received the approrlal of
the National Recovery Administration
as applying to this industry


For sale by the Superlntendent of Docruments, 14'ashington. D.C:. - Price 5 cents



To effectuate the policy of Title I. of the National Ind ust rial R~ecov-
ery Act, during the period of the emergency, and to assist the Presi-
dent.'s Recovery Program~, and in. order to induce and maintain. the
united action of labor and emiployers under adequlate private and
governmental sanction and supervision, the following provisions are
established as a code of fair competition for the Mlail Order Fashiion
1. Definiti~ons.--The term "effective date" as used herein is defined
to be the first MfondayS following thne approval of this code by the
?The term "persons'" as used herein shall include natural persons,
partnerships, associations, and corporations.
The term "employer" as used herein shall include every studio
and/or person (whether individ u a, partnership, associ n t ion, or corpora-
tionl) (a) engaged mnainly in thne production of women's style anld wealr-
ing apparel drawings for mail order catalogues; and (b) having a sepa-
rate, distinct, and entirely self-contained department of its general
commercial art studio, so engaged; in. which event, such department
solely shall be deemed an "em~ploy~er" hereunder.
Inasmuch as this industry is a highly specialized one and is concen-
trated as such specialized industry in the City of New Yorrk, no area
divisions are required smece this code, mn its application to the parties
hereto,, in th~e. City of N~ew Yorki, automatically and per se cont ains the
entire industry in the entire Unit.ed States.
2. On and after the effective date hereof, employers in this industry
shall not emlplo~y as employees any persons under the age of sixteen
(16) years.
3. Except as hereafter provided, on aind after the effective date
herein, employers in this industry shall not operate on a basic schedule
for their employees in excess of forty and one half (40%C) hours per
week. Becusellt of thie periodic nature of the indu~stryS and the inter-
m~itte~nt value of the work and native duty even wvit'hin the "peak
periods ", th2e nrecessity for pea~k periods is herebyT expressly recognized,
alnd hit~hert~o existent trade practices and contracts may be continued,
but during all such peatk periods alny employee required to work in
excess of the said basic sch~ed'ule shall be paid at overtime rates, to
w~it: on~e and one quarter (1%).
4. On and after t~he effective date hereof the basic mlinimumI w;lage
that shall be paid by employers in this industry to any of their em-
ployvees shall be at the rate of not less than Fifteen ($15.00) D~ollars
per week;, in the case of those employed by the week;, and, in, the cases
of employees employed by the hour, not less than Forty ($0.40)
Cents per hour.
5. The mna imuml hours herein fixed shall not apply to emplooyees
in a managerial or executive capacity who now receive more than
Thirty-fiv~e ($35.00) Dollars per week; nor to employees on emelrgency
914;--33 (11


mainte~nance. and repair wocrk;; nor to very special cases wher~e restric-
tions of hours of hlighlIy skille~d woc-rkiers on conltinuous proccesses would
unavoida~bly reduce or delay produlctionl, but in any such special case
timze anld onle foulrth shall be palid- for hours worked in excess of the
6. N~o~thling herein continued shall be deemetd to intend or effect. a,
reduction of the compensation for emlplorymentl now in excess of tihe
minimum wage herecinl set forth, whether or not the hours of wrork; in
said employment any~\ herebcy be r~edulcd.
7. Innsmurchl as thi.e Miail Order Studios Board of Tradfle of N~ew
York (all the members of which are party hcr~eto and- constitute prac-
ticnlly 90%J in volume of w\orkl done of' the empl~loyers in ths industryy,
and the! Mail Order Ca talo~gue Artists' Eqiuity' of New Y~ork (wh'~ich
comprises approxsimo ~tely 95% of the artists employed in thle industry,
and more than 75%r of the total number of emplo~~yees in1 the indus-
try), have enrtlttere into a cert ain M~emrn dum~lc~~1 of Agrreemlent, da ted
Mar~ch 15, 1933, concerning; the conditions of labor, hours olf employ-
m~ent, and terms of comlpensatio~n of artists of various classifications,
and alpprentices, all as therein set forth, which agr1eemlent is in all
r~espects in exce;;s of thre minimum requirements of t.hle N.R.A. and
entirely co~nsistent therewith, bearling in mind the conditions in this
indut~strya and the stanldardsd of labor th~ereinr, and inasmnuc h as ther
exists neither-~1 a surplus nor sufficiency of such. highlyl specializ.ed skilled
labor, the aforesaid Miemnorandumn o-f A~grleem~en is thereby ratified,
approved, and in all r~espc~cts co-nfirmelld, and is hereb~y malde a part
hzereof as if her~ein fully set forthn at Ilength~, and is h~ereby annexed
hlereto and made "Exh~ibit A" hereot~cf.
8. During the termi of this endte, nothing hierein contained shall be
i n t erpret ed to I require adttj us~tmen cIt, ab r~oga1t ion, viota t io n, or a n \ de via -
tion. from the terms and co-ndiitions of any contract or agreement now
in effet.c- with any rl mployeer-?- c or group of emlploy-ees; land where~t, by the
specific terms of alc~h contract or .!grclleement pro\ isi(on is nudetlc for
the renewal thereoccf by a~greemientf or by arb~litration, nothing~ herein
conta~in~ed shall serve to abroga~te such a prov?~ision7; no~thing~ her~ein
conitaine-d sha~ll be cols~truledi as giving anyS emplllo-er or emiployee or
group-lr of employers or employeesvP.~ the r~igh t, to a brogalte or violate any
contract or agr1eemnent nowr in effect with the other or r~equir~e an
adj ustmenc t of the co~ndli tions there~in, pr~ovided in alny way7 ot her than
as suchr) adjustment is prIovided for in such contract or agr~eemlent.
But, w~herevaer in this~ industry ag~rleemie ntt s between empilo\ers and
emplloyees arrIivedt at by collective burgu~ining shaZl exist or shall come
into existence her~eaifter, all the pr~ovisions of such~ agrIeement. writh
r~eferecnc e to Ilabor stalndaiirds not pr~oh ib.i ted by lawJ aInd no t inconsist ent
wi h NR;. A. shll: be. dmn isrl~r;te~r red as though i a~ prt1 of this pcode
9. Thle \fail O~rder Studios BoardI of InTrade of New Y~ork Ithlerein
enIled the Aissocia~t ion,) is a voluIn t ary, ulnincorp~ornted As~sociation.
Ai copyS of its Chiarter~ aInd By-Law~s are~ herleto attachedi, marked
"Exh~ibit ]B",:rt and asked to h~e rea~d as a par11t hereof. Mlemlbership
W~ithini (110 asoecilation is opleni to ary per~soni (o~r studio)) whio conformlss
to thie requl~irementslt ofl memberhrl lip thcrcinl, but for the p~urpose of
thiis endel any1 personi i (or studlio) w-ho findsl it imral~; c~tic mbleI to bccomie
a member orf thec A~ssinitionll bt w\ho siubscribe~s hcreto, shlnl be
consc~tlidered as hav\ing( n~ceplted~ his sha1re of resplons~ilibilit and shall b e
entitledl to thec benefits of its proiciions~.

10. All em ployerl members of the Aissocia tion herein mrelt ioned~ shall
display the N.RE.A. label. All employers as herein defined not mem-
bers of thae Asso~cin tion herein mentioned may use the label only if
they sign and comply with the standards set forth inr this code.
11. Em~ploy~ers in this industry shall comply with the req~ruirem:lents
of the National Industry Recovery Act, as follows:
(a) Emp~loyees shall have the rightly to orga~nize and Unrga~in cocllec-
tive~ly through representatives of their own choosing, and shall be
free fromi inter'ference, r~estra~int, or coer~cionl of employers of labor,
or their agents, in the de~signartio~n of such repr~esentativ-es or in self-
organization or in other concerted activities for the purpose of col-
lectiv~e bargaining or ot her mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required, as a condition of employment, to join. any company union
or to reframn from 30mmig, olrgamzingP, or assistmng a labor orgamiza-
tion of his own choosing; and
(c) That employers shall comply wvith the max~imnum hours of labor,
minimum rates of pay, and other conditions of employment appro-ved
or prescribed by the President.
12. (a) This code is nlot designed to promote monopolies and shall
not be availed of for that purpose.
(b) The provisions of this code shall not be so interpreted or admin-
istered as to chimmate or oppress small enlterprises or to discriminate
against them.
13. It is agreed by- all of thet par~ties here1tot~ tha:t. sound economic
principles require the r~ealizatio-n of prices which will include a fair
average co~t, plus a reasonable profit.
14. Thkis codce and all the provisions thereof are expressly marde
subject to the right of the President, in, accordance with the pro-
visio-n of Clause 10 (b) of the ,Na~tionlal Indusltr~ial Recovery ALct,
from time to time to cancel or mlodify any order, approval, license
rule. or regulation, issued under Title I. of said Act, and speccifically
to hle! right of the President to cancel or modify his approval of th~is
code or any cond-itions imnposedi by him upon his approval thereof.
Such of the provisions of this code as are not required to be in-
cluded therein by the ~Nationatl Industrial 1Reco~veryT Act may, with
the ap~proval of the President, be modified or eliminated as changes
in circumstances of experience may indicate. It is contemplated
that from time to time supplemientary provisions to this code or addi-
-tional codes will be submitted for appr~ovdl of the Presid-en t to prevent
unfair competition in price and other unfair and destructive colmpeti-
tive practices and to effectuate the other purposes and policies of
Title I of the Na~tional Industrial ]Recovery Act consistent with the
provisions hrereof.
By BERT D. PAGAND, President.

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