SUNIV. OCFC Ft~~5.
Djpg gy;. OUR P~RT
The Code for the Emblem and Pennant Manufacturing Industry
in its present form merely rejects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
bor emie by the Superinenedent of Documents, Washington, D.C. - Price 5 cents
Registry No. 1657--05
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
EMBLEM AND PENNANT
AS SUBMITTED ON AUGUST 31, 1933
EMIBLEMC & PENNANtT 141ANUFACTURERS' ASSOCIATION
AS A DIVISION OF THE SPO)RTIN'G GO)ODSi & ATHLETIC WVEAR
CODE OF THE EMBLEM &L PENNANT MANUFACTURERS
ASS'N AS A DIVISION OF THE SPORTING GOODS &
ATHLETIC WEAR ASSOCIATION
Codle of fair competition drafted by representatives of the Emblem
andl Pennant Mainulfactulring Industry in contor~mity wlith' the pro-
visions of the National Reco\clver Act.
In furthierance of the policy enuinciated by the provisionss of the
National Recovery Act., the memberss of th~is subdlivision of the
Emiblem & Mannufacturers have prepaired this code as basis for fair
competition in their indlustry. It is the feeling of thie members of
this group that the full in the general price level and destrulctive
wagie or p-rice cutting have b~een dlue to a lack of w~~hole-hear~ted: co-
operation on thle paRrt of mlercha~nts engaged in this industry~. Wit~h
t~he thought that by presenting this Code to thle Unitedl States Gov-
ernmient for official sa-nctioni the standlardls of Inbor andl the burdens
which have beeni sustained by ouir members through unfair completi-
tion will all be corrected, w~e hereby submit this codle, which has~ been
dlivided into the following ca~tegor~ies:
I. Re ~ulationship t~o lab~or.
'II. Regulation and control of unfair comp~etitioni.
III. A practica~lmethod of admninisteringrr this code.
None of the provisions herein conta ined is dliscr~imninafory' inl any
respect, nlor will any of the terms of this agr~eemnent stiflez the initia-
tive of any business conforming to t.he prnetices herein adop~tedl. It
is not the intention of the members of this group to cr'ente monciop-
aIlies or to eliminate comnpetitor~s or to affect similar enterprises.
It is felt thiat the adoption of this Code w~ill tenl to, ameliorate
present-day~ conditions in our branch of the Penanit and Emblem
manufacturingp industry to the benefit not only\ of our mIlemblers, bu31t
of consumer. laborer, and merchant alike.
I LABOR CODE
I. Collectivze Bargainring.--In accordlance with the provision of
Section 7A of the National Recovery Act, the attitude of this asso-
ciation with respect to the labor or emplloyees shall be as follows:
(1) That employees shall have the right to cirganize andl burgrain
collectively through representatives of their owni choosing. anid shall
be free from the interference, restraint, or coe~c~ion of emnploer~s of
labor or their agents in the designation of such representative or in
self-organization or in other concerted activities for, the p~urpose of
collective bargaininga or other miutual aid or' prlotection.
(2) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assistingr a In~bor orgaRniza-
tion of his own choosing.
9439-3Y (1 1
(3) That employers shall comply with the maximlum hours of
labor, minimum rates of pay, andl other conditions of employment
appIroved or prescribed by the President.
II. Marim~umi wolrkXinlg hours'.--The ma1Ximumlll worklingS hours of
any' emp~loyee engaged by any of the firms w~ho ar~e parties to this
Code shall be forty hours per week.
III. MV~ilnimum wa~ges:
(a) M~inimnumi wage for any and all employees engaged on our
behalf shall be at the rate of 35e per hour.
(b): Operiators~: T he minimumii wng~e for male shall be 50rt per
hour; the minimum wrae for female oper~ator shall b~e -100 per houlr.
'Th-e desigrlnaion "~operator sha11 ll ply to anylone engaged in sew-
ingr on a machine.
(c) Otfee help': Emnployees inl thiis capnrit~y in ouir office shall
rIelceive a minimum of $15.00] p~er. week;.
1IV. Child la-bor.-W~e her~eby agr'ee that no membelr- 1 of our groupI11
shall empl-loyv any wrorker ulnd'er the age of isiteen years: fr~oml the
ateRc of the making of this C'ode.
V. Hiomec wcorkX.l-A practice hasu grown~I upr in our industry wfhereby
a great deal of wor~k generally performiiedl in our phe~e of business
is tr~ansferrede to, indlividuals who w~or~k at home. W~e hereby con-
dlenini this practice andl agree fr~omi thle tlte of thle maIkingr of this
Code that no w~olrk shall be derliveredl to any ind~ividulal to be. done
at his r~esidenc~e. This shall nlot., however, elminate the sending of
work to contl~ractors, provided such c~ontr~actors hiave at least two
meehrlines: in ar, Ipregulr placep orf busi~nes~ either in anI ofticle, loft., or
store and pr1ovided also that all suIch contrlatorsB obs~er've t~he p~roni-
sions of this Code with regard to minimum wngeas andlr maimnun m
VI. rIf fr~om time to timne we find it nleeSsary\ in viewT of varving
conditions in th cost of living to inlcrease or dlecr~ease wages by
muutual agireemuent. such ad~justmnent shall be mande wvithi the approvala
of the U.S. Government as shanll be deteme~d nece-ssary. In the ob-
.sencle of ~uchl changes. however, the ab~ove standardl!s for mlinimnu m
wages of Inlbor are fixed andi shall be binding upocn any and all
mem~llbers who are parties to this Code.
I. No ile rchrilandis shall be pold- atr orl bElow cost.-It is our inten-
tion, whelrlever~ feas~ible, to prevent th~e sale of mler~ch~andise for less
money1r! thann the cost of productionl. Th'is hlas beeni an ev'il which has
seriously affec~tedc the members of our group andi is one wh~ichl we
herebtly underta~'ike to eliminate. While we appr~eciate the dittic~ulty
in determiiiining the exnetL cost to ~any particulara merlchant. of p~rodluc-
tion of a givenl article, we- hetrebly bind~ our~selves to reofr~ain inl the
fulture~ from any sale~ of mer1chandlis;e which we knowC) is being sold
at less than its ac-tua~l co-st. TIo carry\ out. our intention in this mat-
ter, we agree~t to submlit o~ur books andl records for examninat~io n by a
committee ayppolintedl by our group11 to determine whlethler or not
with respect to mllillnimum waes andlr maximuml hours1', we ar~e comi-
p1?ilyn with the exnect details of this agreement.
In the event that a committee making such an examination shall
discover that a. particular member is violating the terms of this
agreement with regard to the payment of minimum wages and oper-
ation at a ma.ximumn of for~ty hours per week, it shall be considered a
direct violation of this agreement subject to the penalties herein-
II. Discounltsj.--It is agreed that thle rate of discount from. the
date of the signing of this Code shall be 2 10 E.O.MI. No member
shall allow alny discount in excess of this amount nor shall any pur-
chaser be permitted to take advantage of a discount unless payment
is made on or before the 10th day of the months following a delivery
III. Eliminatllnion of fr'ee-la~c~e s~ellre.-- In view of the fact that a
number of individluals have sprung up within the past few years
who, sell our mnerchandise at. very little profit simply because olf the
fact that they have no offilee andl no expense anid canl therefore sell
the same to our customers at far less thanl a legitimate merchant can?
we hereby agree that. noJne of thle mnembers who are parties to this
Code, shall hereafter sell merchandisee of any~ kind or nature to
any proposed purchaser unless said purchaser has either a store or
office at wh~ichl he conluct~s business with a stock at. cost valued at
least $1,000.001 andi a r~egular set of books for the c~ondu~ct. of his
IV. Paircel posf.--Any andl all shipments by parcel post shall be
sent F.O.B. Factory.
V. C.O3.D. shimp-me.ts.--On any and all shipments C.O.D. 25 .';
of the amount dlue for merchandise shipped- shall be paidl before
actual delivery, otherwise mnerchandises shall no~t b~e deliveredt~t.
VI. Elimrzination of home emp~2loyme~rnt.-A~ serious formal of unfair
competition has; been created withinl the Inst few vrenis byi virtue of
the mianuifacture of pennants, embillems. letters, and- banners in thle
homes of various mannufacturer s or the d~istli-ribtion of suchi work to
indlividuals w~ho work at their residlences. These mnanrufactuIrer~s, by
t~he creation o~f sw~eatshop conditions, with no regardl for fair wag~es
or maxsimumi working hours, have cuit prices for below those which
thle ordcinary? mlerc~hant engagred in an office, loft, or store can operate
at a p~rofit. Wle hereby pledge ourselves to excludle fromt competi-
tion inl oir industry any manufuetur~iing done at homne or residence
andl hereby agree that no one ellngaedl inl this indlustry! shall, either
himself or through any agents. employees, or independence contrac-
t~ors, permit alr'ny or~k on thle mer~cha ndcise ablove refelrred~ to at the
residence of any individual or indcividuals. Such emnblemls, letters,
etc., shall be manufactured only inl a store, loft, office, or buildings
u~sed entirely for' bus~iness or manunfacii~turi purposes.
III-~~AnINIsis-rnAlow; or Trms CODE
I. Any and all disputes, complaints, or violations of the terms
and provisions of this Cod~e shall be refer~redl to the head~ of our
industry. He shall hear anly anld all matters relatiwr to v'iolaitionis
of the clauses of this agreement anld shall render decisions of a binid-
ing effect upon any mlember~s guilty of violations.
II. The headl of our group, tluly elected by uinanimous vote, is
Abraham R. Grossman, 27i6 Fifthi Avenule, New YTork City.
III. Aniy anid all complaints regarding the indiv-idual actions or
omiissions of members, shall be heard at the office of the group, 276
Fifth Av~enue, Newe York City, after due notice to the member
allegedlly violating this agrreement. If, after a hearing, it shall be
determ~ined by the head of this group that such member has been
guiilt~y of a violation of this agreement inl its intent. and purposes,
the p~enalties hlereinafter set forth shall then take imnmediate effect.
IV. Right of aptpeal.--In the event that any member shall be
dissatisfied~ with the ruling of the hea(9 of our group, a right of
app'ent to the aissociation shall exist in such member, to determine
w~hethfer or not th~e dlecision of the head~ of our group shall remain
b~inding. The appeal shanll be heard before three members of our
aSSOciationl who shall be selected in alphiabetical order from the
m~ember~s of our group, excluding therefrom any parties to the dis-
pute. In the event that the appellate commiittee shall decide to con-
~firm thle decisionl of the head of our group, then it shall be binding
upon the alleged violator, and the penalties herein set forth shall
become imnmediatelyy effectual. Should the appellate committee de-
cide to reversce theCL decision of t~he h~ead of our grloup,, thlen their
determination ini thle matter shall be final and bind-inig upon the
In wc~itness whereof, we have hereunto set our hand-s and seals
this ,,-_ day of ,_, 1933.
UNJIVERSITY OF FLORIDA
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