Code of fair competition for the cleaning and dyeing trade

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Material Information

Title:
Code of fair competition for the cleaning and dyeing trade as approved on November 8, 1933 by President Roosevelt
Portion of title:
Cleaning and dyeing trade
Physical Description:
p. 547-563 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Cleaning and dyeing industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Includes Amendment No. 1."
General Note:
"Approved Code no. 101--Reprint."
General Note:
"Registry No. 1714-22."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952644
oclc - 658200095
System ID:
AA00006989:00001

Full Text

For sale by the Superintendent of Documents, W'ashington, D.C. - Prico 5 cenma


Approved Code No. 101--Reprint


Registry No. 1714--22


NATIONAL RECOVERY ADMINISTRATION



CODElt O]F FAIR COM~PETITI ON~



CLEANING AND DYIEINUG


WE DO OUR PART


LINCEUDES AMEN M~ENT NO. 1







UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 193-1


TRADE

AS APPROVED) ON NOVEMBER 8, 1933
BY
PRESID`LENTL ]ROOSEVELT
























This publication is for sale by the Superintendent of Documlents, Governmenlt
Printing Office, Wlashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office B3uilding.
Birmingham, Ala.: 257 F'ederal Building.
Boston, Mass.: 1801 Customhouse.
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 Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2218 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Inldialnapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal ]Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
New York, N.Y.: 734 Clustombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Battle, Wash.: 809 Federal Building.






A





Approved Code No. 101
CODE OF FAIR COMPETITION
FOR THE
CLEANING AND DYEING TRADE

As Approved on November 8, 1933
BY
PRESIDENT ROOSEVELT




.Executive Order

An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code of
Fair Competition for the Clenning and Dyeing Trade, and hearings
having been held thereon and the Administrator having rendered
his report containing an analysis of the said code of fair competition
together with his recommendations and findings with respect thereto,
and the Administrator having found that the said code of fair com-
petition complies in all respects with the pertinent provisions of
Title I of said Act and that the requirements of anuses (1) and (2)
of subsection (a) of section 3 of said Act have been met:
NOW THEREFORE, I, Franklin D. Roosevelt, President of the
United hates, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations and
findings of the Administrator and do order that the said code of fair
competition be and is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
Hoon S. JouNson.
Ad minletrator.
THE HITE HOUSE,
November 8, 1933.
A All provisions of thla Code suspended by Executive Order No. 0723, approved May 26
1934; except provisions governing child labor. maximum hours of work, and minimum
rates of puy and the mandatory provisions of sections 7 (a) and 10 (by of the NIRA.
98226*-1325--6.5-34 (547)












NOVEMBER 3, 1933.
THE1F PRESIDENT,
The White H2ouse.
SIR: I have the honor to submit and recommend for your approval
the Code of Fair Competition for the Cleaning and Dyeing Trade.
This Code was proposed by the National Association of Dyers and
Cleaners and the National Association of Retail Tailors, Cleaners,
and Dyers, Inc.
Tlhe National Association of Dy~ers and Cleaners was founded in
1907 and represents slightly more than 54 percent of their estimated
total number of plant owners in the United States. In addition, as
nearly as can be calculated, their membership represents over 70
percent of the total wPith respect to number of employees, volume of
business, and investment. Membership in this Association is limr-
ited to twF~o groups, the retail plant owners and the wholesale plant
owners.
The National Association of Ret~ail Tailors, Cleaners, and Dyers,
Inc., which was organized on August 8, 1933, offers membership to a
third group in the trade representing retail tailors who are not
plant owners. This Association consisted of 41 affiliated trade bodies
of retail tailors, approximnat~ing 45,000 members as of September 21,
1933. Neither association imposes any equitable restrictions on
membership and the two associations combined are as near repre-
sentative of the cleaning and dyeing trade as is possible to determine.
The Code has the approval of the Industrial Advisory Board and
thle Legal Division. It has also the support of an overwhelming
malfjority of plant owners and retail outlets in the cleaning and dye-
ing trade and the cooperation of officials of the Amnerican H3omne
Economics Association.
The Hearing was conducted in Washington onl September 25 and
26, 1933. Every person who filed a request for an appearance was
fully heard in accordance with statutory and regulat.0r~y require-
ments.
CONDITIONS IN THIE INDUSTRY

The trade has been harassed for the past three years by cut-throat
competition, w~hich. in many cases led to racketeering, brought about
by slashing prices below cost, lowering wages, accompanied often by
sweating labor, offering inferior quality and tpoor bserice Tes e fpl
conditions have almost completely demroralizedthbuiesopln
owners and have caused untold hardships to some 175,000 or more
tailor shops serving as retail outlets for the wholesale dry-cleaning
plants. There are but few concerns in the trade who have any
credit, and in many cases there are substantial amounts owed to labor
for past due wages. TIestimony at the Hearing, for example, brought
out the fact that over $3600,000 in wages are long past due to workers
in the city of New York.
(54s)






549

Mlost of the havoc w-roug~ht in, the cleaning and dyeing trade is
attributed to price cutting~. Partly due to certain econiomiies ar~isinig
out of efficiency but primarily due to exploiting labor anld rendering
inferior quality and service to the public, a fewFP operators of cut-r~ate
stores are in an advantageous position to cut prices an~d to draw
volume awFPay from other plants at will. WrSitness thle price war that
hlas taken place over the past three year~s. TPhe .normllal charge! for
cleanlinc andl- p~ressing aI ma~n's suit or a, woman's dress was $1.50, but
under p~reLsure of keen competition from these operators wIho entered~l
on an agrgressive campaign for volume of business the price was grrad-
ually reduced to 29 cents;j and recently, by way of "L special prices "',
to 19 cents. The other retail establishments, while forced to meet
the competition to some extent, have not gone below 45 cents. How-
vercr. it is a significant fact that at this rate most of the retail estab-
lishments are forced to operate at a loss.
LABOR PROV'ISIONUS
Msximum working hours are established according to classes of
employees, consisting of 40 hours per week for plant employees and
48 hours per week for engineers, firemen, and/or maintenance em-
ployees. In order to meet Lthe requirements of the trade in peak
seasons a provision is made for a 45-hour maximum for the former-
maentioned employees and a 53-hour maximum for the latter, which is
not to exceed 9 weeks in any 6 months' period. A maximum of 48
hours a weekr is provided for clerks in retail outlets. It is estimated
that on this basis there will be an increase of 20,000 employees in the
trade.
The Code provides a minimum-wnage scale for unskilled labor,
ranging fromn 27 cents to 33 cents an hour in the Nforthern area, de-
pending upon population of cities, and 20 cents an hour in the
Southern area. Based upon an estimate, the proposed minimum
wages will result in ant increase of elt~8ev million dollars per annum
or 17 percent of the present pay roll.
It is provided also that no one under thie age of 1.7 shall be
em ployedl in the? trade.
M IN~IM U31-PRICE PROVISION

The main fact brought out at the Public Hearing: clearly indi-
c~ated that ruinous competition resulting from lack ofi price control
is largely responsible for the ills of thiis trade. Primarily due to
this condition, as shown in an exhaustive report made by D~r. N. I.
Stone of the Eono~mic Research and Planning Division. Labor has
suffered by working inordinately lonlg hours and receiving drastic
reductions in wages, a large part of thle plant owners are operation
at a loss, and the existence of more than 175,000 owners of small
tailor shovps is at stake. The low price offered to the consumer under
parent circumstances is at the expense of the various mnentionied
elements in the trade, while the benefit of the low price is more
apparent than real because it is offset by very poor quality of service
rendered.
In order to provide adequate wvages and assure standards of quality
for services rendered, the Code Authority is vested with the power






550


to establish and prescriboe fair and reasonable minimum wholesale
and retail prices subject to the approval or disapproval of the
Administrator.
TRADE PRACTICES

Certain practices now current in this trade have the effect of caus-
ing an unfair competitive advantage in favor of small groups. The
trade has sought to eradicate such practices by making them viola-
t~ions of this Code.
Violence and intimidation have been used in the trade to coerce
members into price maintenance. Section 17 of Airticle 7 is included
to eliminate this among other types of coercion, thro-ugh the quicker
and more effective penalties granted under this Act.
ADMINISTRATION

The provisions for administration of this Code are capable of pro-
viding the NJational Reco~very Administration and the cleaning and
dyeing trade with sufficient data to make recommendations for the
limitation of certain provisions of the Code as herewith. presented
and/or the addition of further provisions to this Code which would
be beneficial to the trade as a whole.

CONCLUSION

I find that the Code complies in all respects with the pertinent
provisions of Title I of the N~ational Industrial Recovery ALct, in-
cluding, without limitation, subsection' (a) of Section 7, and subsec-
tion (b) of Section 10 thereof.
The Nationlal Association of Dy~ers and Cleaners anrd The Nation~al
Association. of Retail Tailors, Cleaners and Dyers, Inc., combined are
truly representative of the cleaning and dyeing trade, and the by-
laws of these associations provide no inequitable restrictions to
membership.
Thne Code is not designed to promote monopolies or to eliminate
or oppress small enterprises and will not operate to discriminate
against them, and will tend to effectuate the policy of Title I of the
National Industrial RecoveryT Act.
Accordingly, I hereby recommend the approval of the Code of Fair
Competition, for the Cleaning and Dyeing Trade.
Respectfully,
HuanH S. JHNuson,
A dmi~nistrator.











FOR THE
CLEANING AND DY~EING TIRADE


AQRTICLE I-PaRPoss

To effectuante the policies of Title I of the National Indullstrial
Recovery Act the followrincr provisions are established as a Code of
Fair Comlpetitioln for the eCleaning and Dyeing Trade. andt shall be
thne standard of fair compI-etition for such trade and shall be binding
upon every miembler thereof.
AnnRan II -D)EFINITIONS

1. The term cleaningr and dyeing trade "' as us~edl herein includes
all e~lea1ning and dyeing establishments.
2. TPhe term~ cleaning and dyeing establishment "lt as used herein
includess any place or vehicle whriere the service of drycleaning, wet-
cleaning as a process inc~identazl to dry~~elening, dyeing, spotting,
and/or .finishtingr anynI fabric is rendred~ -for hire, or; is sld, resold, or
otfered for sale or resale. The term does nrot, however, include estab-
lish~ments where any such- service is perfor-med solely; in the c~our~se of
thre original manufacture of fabrics.
3. The terml fabric as used herein means any article of wea: ingr
apanlrercl (includiingr hats), household~ furnishing,. rug. textile, fur, andi
lea the r.
4. The terml drycleaning as used hereinr mrteans thne process of
cleaning fabrics by imm~ersion and agitation, or bly immnersion, only,
in, volatile solvents (including, but not by way of limitation, solvents
of the petroleum distillate type, the coal tar distillate type, and the
chlorinated h~ydrocarbon type) and processes :incidental thereto (in-
cluding, but without, limitation, spo~tting, we-tcleaning, and finishing).
5. The terml '"spotting" as usedl herein means thne! process designed
to remove spots or stains which remain in a fabric. after it hals been
subjected to the other processes of dryeleaningr.
6. The term. finishing as used hlerein means the process of
pressing and/or reshanpinga any fabric, wPhich is designed to restore
as nearly as possible the shape, dimensions, and contour of said
fabric.
7. The term' "cleaning pliant as used herein includes any cleaning
and dyeing establishment equipped to perform drycleaning; the
term "L plant owner "' means any member of the cleaning and dyeing
trade by and/or for w~hom a cleaning plant is operated.
8. The term retail outlet as used hereinr includes any cleaning
and dyeing establishment where dry clearing is sold, or offered for
sae, directly to the consumer; the term "C retailer )"means any mnem-
ber of the cleaning and dygeing trade by and/or when a retail outlet
is operated.
(551)


CODE: OF FiAI]R COMPETITION;






552


9. TIhe term member of the cleaning and dyeing trade or
"' member of the trade as used herein includes anyone engaged in
the operation of a cleaning and dyeing establishment as above defined,
either as an employer or in. his ownvl behalf.
10. The term "' employee as used herein includes anyone engaged
in the cleaning and dyeing trade, in. any capacity, receiving compen-
sation for his ser-vices, irrespective of the method of payment of such.
compensation.
(a) The term "L plant employee as used herein includes any em-
ployee workringa in a cleaning plant who is actually engaged in dry
cleaning and/or dy~eingr or any of the processes incidental thereto
and/or is engaged in the maintenance of said plant (including, but
without limitation, engineers, ~firemen, maintenance employees, and
watchmen).
(b) The term clerk as used herein includes any employee work-
mng In the office of a cleaning and dyeing establishment who is
eno-aged in work of a clerical, accounting, sales, or service character.
(c) The term route salesman as used herein includes anyone
employed by a member of the cleaning and dyeing trade on a salary
and/or commission basis to solicit the sale of the dry-cleaning service
of such member, call for fabrics to be dry-cleaned and/or to deliver
such fabrics, and/or to collect payment.
(d) The term executive as used herein includes any employee
responsible for the management of a business or of a recognized
subdivision thereof.
(e) The term watchman as used herein includes any employee
engaged primarily in safeguarding the premises and property of a
cleaning and dyeing establishment.
11. The term employer as used herein includes anyone by whom
such employee is compensated or employed.
12. Population, for the purposes of this Code, shall be determined
by reference to the Fifteenth Census of the United States (U.S.
Department of Commerce, Bureau of Census, 1930).
13. The terms "L President ", "'Act ", and "'Administrator as used
herein mean, respectively, the President of the United States, the
National Industrial Recovery Act, and the Adminlistrator of said
Act.
14. The term Code Authority as used herein means the natioonal
administrative agency of the cleaning and dyeing trade as established
in Article VI of the Code.

ARTICLE: 111-10URS

1. Exncept as hereinafter expressly stipulated otherwise--
(a) No engineer, fireman, and/or maintenance employee shall be
permitted to work in excess of 48 hours in any one week.
(b) No clerk employed by anly retailer shall be permitted to work
in excess of 48 hours in any one week.
(c) No route salesman in cities of a population of 25,000 or more
shall be permitted to work in excess of 48 hours in any onle week.
No route salesman in cities or towns less than a population of 25,000
shall be permitted to work more than six (6) hours per week iln
excess of 48 hours. On or before December 31, 1933, the Code Au-






553


thority shall present reconullcr~nendatios to the A~dministratoror of fur-

applroval1 by the Adlministrator, sucrh regurlaltions shall b'conwl roffec-
tiv~e to the samlre extenlt as if incorpora:ted in this Code.
(d) NI~o othler emplayee!~ shall be permaittedl to wor~k in excess of
40 hours in any onelr week~l.
2. The maxsimiumr hours fixed~ in the fol~reging~ Se~ctioni shall not

()Watchmnen.
()Execurtives rccetiving~ a salary of' $30 or more per weeki, includ-
ing: employers.
(c) Employees on emnergrency m naintenance or emeiriecyreai
work involving breakl;downs, or protection of life or of property, but
in anty suchl special case at least 11/3 timres the normal rate shall be
paid -for hourls worked in excess of the maximum hlours here'inl
provided.
3. ThLe ma1ximumU hours1' fixed( in paragrapllhs (at) and (d) of Section
1 of this Article shaltll not apply dluring 1peak periods to c~onsist. of
not Omor than nine (9) w\ee~ks prior to D~ecemlber 31, 1933, and of not
more than nine (9) weeks in any six (6) months' period thereafter,
provided, however, thiat in an~y six (6) mlont'hs' period the average
weekly hours of labor for employees covtlered in. said par~glagaph shall
in no event exc~eedr the maximnuml w~ee~kly hours precscribedl in said
paragraphs. During suchn peakr prciodls no employee covered in said
paragraph (a1) shall be permitted to work in excess of fifty-three
(;3) hours in any~ one w~eek~, and no emnployree covered in said~ para'-
gra!ph (d) shall be permnittedl to work in excess of forty-five (45)
hours in any one week. The provisions of this Section shall In~t;
ap~plT where, by reason. of the existence of unlutilizedl equipment in
such plant andl competent p~elrsonnel for employment, no hardsh~~ip
would be implosed on an empllloyer by~ complianlce with said par*-
graphs (a) and (d).
4. No retail outlet shall remain open or be operanted onl Sunda vs,
or on national, state, or local holidays, or in exess of sixteen (1'6)
hours on any Salturday, or in excess of twelve (12) holurs on any
other day; provided, however, that where a day of the wteek other
than Sunday is recognized as the Sabbathl Day by a retailerl andI; tluch
retailer regu;lar~ly keecps his establishment closed on such day, such
establishments may remnain open aInd be operatedt on Su1ndaly, suibjc~t,
however, to state and local lawrs and ordMinances.
5. The hours of operantionl for any rctalil outlet shall no~t h~e redneedci
below sixty-three (G3) hlourls mn any week, ulnlessi such h~our~s we~re
esthnsixuty-thl~re (0:3) hours per week onl June 16, 1!,::3. and~ in
that event the hours of op~eraltion shall not be redc~l~ed at all froml
the weekly number thlen in e~ffect.
6. No employee shall1 be permit ced to w\orkl mocre thanl six()
days in any seven ~(7) day period.
7. Notwithstandingr thne exempionsliir fromi maxsim umn hnirl' pro-
vided by Section 2 (b) of thiis Article, su~ch exemptions b1ha lrlnt~
mn any case, apply to mor~le tha~n one worker (in addition to those~t
covered by paragraphsi (a1) and (c) of Section 2 of this Article)
for every five (5) workier~s or fl~ratio~n thlereof. For the purpose of?
98220"--132f 5--6-3.4 2






554


this Section, the word worker shall be deemed to include em-
ployers, executives, and persons not receiving monetary wages, when
such persons are actually engaged in drycleaning and/or dyeing
or any of thle processes incidental thereto.

ARTICLE IV -WAGES

1. ]For the purpose of prescribing proper standards as to mini-
mum rates of pay, the United States is divided into two (2) areas:
(1) The Southern area, which shall include the states of Alabama,
Arlkansas, Florida., G~eorgia., KIentuckyr, Louisiana, Mississippi, North
Carolina, South Carrolina, and Tennessee, and (2) the Northern area,
which shall include the remainder of the United States, its terri-
tories, colonies, and possessions; provided, however, that where a
local trade area falls partly in the Southern area and partly in the
Northern area, the Code Authority shall have power, subject to re-
view and approval by the Admlinistrator, to authorize deviations
fr~om the boundary lines between the two areas as above defined.
2. No plant employee shall be paid at less than the following rates
per hour:
In the northern area
Per hour
Zone 1--Cities over 500,000 population and their local trade
areas _____________-_______$0. 33
Zo(ne 2--Cities between 100,0300 and 500,000 population, not
covered by Zone 1, and their local trade areas---___ 30
Zone 3--Cities of less than 100,000 population, not covered
by Zones 1 and 2, and their local trade areas__-- -- .... 27
In the southern area
The entire area _-_-, __--- -- -- -- -- -- -- -- -- -- -- -- -- 20
3. No other employee shall be paid at less than the following rates
per week:
In the nlor~thern area
Per eoeek
Zone 1--Citiesj over 500,000 population and their local trade
areas ______________________ $14.00
Zone 2-Cities between 100,000 and 500,000 population, not
covered by Zone 1, and their local trade areas----_ 13. 50
Zone 3--Cities of less than 100,000 population, not covered
by Zones 1 and 2, and their local trade areas_-- __- 13. 00

In thLe southern area

Zone 1--Cities over 500,000 population and their local trade
areas ________--------_- --- $13. 00
Zone 2--Cities between 100,000 and 500,000 population, not
covered by Zone 1, and their local trade areas_____ 12. 50
Zone 3--Cities of less than 100,000 population, not covered
by Zones 1 aind 2, and their local trade areas_---_- 12. 00
4. The extenlt and boundaries of the local trade areas mentioned in
Sections 2 and 3 of this Article shall be as determined by the C~ode
Authority under Section 3 (a) of Article VI, subject to the approval
of the Administrator.
5. Sections 2 and 3 of this ~Article establish minimum rn tes of
pay, regardless of whether an employee is compensated on a time
rate, piecework, or other basis. These minimum rates of pay shall
apply to common labor or other totally unskilled labor.





555i


6. Nio employee wv\hose full-timet weekly hour~ls areu redulced~, by
reasonl of the provisions of Art~iclie III of this Code, by less~ than
twn-ty~t percent (20%21) shall halve his or hler full-timle weekt~ly earn-
ingsx red~uced. Nro emnployee whose full-time wveekly hours~ 'are re-
tluced, by reason of the provisions of Art~icle III of this Code, in
excess of twenty percent (20%J) shall have his or her said ear~ningsj
redullcedl b~y more than fifty percent (50%E) of the amount calculatedl
byT mulltiplying~ the reduction in hours bytehulra.
7. The wage~s and rates of payT of employees hrlyTaeevn oeta
the mlinimlum wages and rates hereinabove ~rescr~ibed shall be rendl-
justed so as to preserve equitable differentials., On or before Decemn-
ber 31, 1933, the Code Author~ity shall investigate and makze recom-
mend'ations to the Administrator with respect to the classification of
empllloyees receiving above the said minimluml wages and rates of
pay.
8. Female employees performing substantially the samae wiorkr as
male employees shall receive the same rate of pay as male employees.
9. No deduction froml wages shall be made or permitted for the
housing and/or boarding of any employee within a cleaning and
dyeing establish ment.
rAnnOLE V----GENERAL; IABBo PROVISIONS

1. Nfo person under 17 years of ag~e shall be employed in, the trade.
`In any state an employer shall be deemed to have complied with thisj
provision if he shall have on file a. cer~tificatte duly i~ssu~e by the
authorlity empownered to issue employment cer~tificates~, showing that
tthe eployeeT~' is of theF requiredr agre.
2. Employees shlall. have the bright tor organized ndl bu~rgainl col-
l]ectivelyT through re~r~esentat~ives of their own choosing, and~ shall be
free from thre interference, restraint, or coer1cion of emplllo~yers of
labor, or their parents, in the designation of such r~epresentantives or
in self-organizatlon or mn other concerted activities for the pur11pose
of collective bargai;ningr or other mutual aid~ or nrnprotectn.
3. No employee an~d no one seeking emlploymnent shall be requriredt
as a condition of employment to jomn anly ~om~pany union. or to
refrain from jolmingr, or~gamizmg, or assisting a labor organizations of
'his owrn choosing.
4. Employers shall comply wPcith the maximumn hours~ of Inlbor,
mninimnum rates of pa:y, andi other conditions of emlployTment, ap-
pr"oved or prescribed~ by the Pr~esidecnt.
5. Withim each. State this Codle .shll:1 not surpers~ere any law~s of
riuch State imiposing more stringTent requirements, regulatingi the ages~~
of emlployees, ~ages. houlrs of work, or health, fire, or general w~ol~rkng
conditions thian under this Corle.
6., Emnployers shall1 not reclassify employees or duties of occupa-
tions performedl by emlployvees so as to dcfeat thle purposes of the Acct.
7. Eac~h employer shall post in conspicuous places full copies of
this Crode.
8. (a) There salrlt be created a N~ational Indrsti~al Relations
Bolardc for~ the Cleanling andc Dyeing Tr1ade to be constituted of three
persons to be soelected as follows:
1. An imparrtial chairmnanz to be appointed by the Aldministr~ator.
,0. A- reyre~srntafive of the emln~oyer.P to be app~ointed by the Code~
Aiuthorig;f fo the C'leaningr~ aNdr Dylcing~ Tradep.





556


3. A representatives of cem p7loyees~ to be nominated by the L~rbor
Advisory Boardc and a2ppolntedl by the Al~:~dministrator.l
"L Their testII of offeeC shall be fr.i~ J by the Administrator azndc shall
not emoeed sixt ?nwath.<~ from the date of their respective apupo~int-
mients, and reappc'l''lati,/ ,fs- shall be madellr and unacanies shall be
Illed in the same manner as the ori7g~inal! appointm~ients.c
" L(b) The National lInd cstril.; l Relations Boards shall have the
following powers' and duties:'
1. To prescribe, subject to approval by the A-dminilstrator, vn thods
for the selection, of the emlployees' ,spr..s, steiinlies on) the LonCal la-
decstrial Relations Boards, such we lthod. employees' representative of the N~at~ioall~ Board pr~ior to submri~ss~io~n
to the Administr~tor.
B. To assist in orgallnir in~g said Boards, and in fr~a~ninlg star)rndr~d
by-laws and regulatrions for the p; oc. Jurl, e of sulch Boar~ds.
3. To a~ssumr32e, or to delegate to any appropriate <>.;.rst'i~ng 17q,-ney,
any or all of the functions herein pa'' "'ri.bed for the L~ocall I71,1,1trrial
Relations Boards in any area in which such Boa.r~ds have nLot bTeen,
appointed.
4.To review the action taken bU anylZ local Board onl any cone plain~t
arising feromn- any of thle labo prouision) s of this Code.
5. To offer their services as arbi~trator~s or their assistance in~ e. I,II
ing arbit~rator~s in a~ny dispute or comlp~laint Cllisingl betwo'.ul empirloy-
erB and employees, provided such dPs~isput is volu~ntarily su~bm~ittedl to
their arbitration by both such parties.
6. To promote a. spirit of cooperation between the empZloya s andi
employees in this Tsradec.
(c) There shall be created Loocal Industllrial! Relations Boards as
rapidly as p,racticabhle in the . Authority in, Article ~VI, /Section 3 (a) of the Code. These Boards
shall consist of an equal lzumb7er of li p.jl~ sentativ;!es of employers and~
representatives of employees, the exact ?umber in each area to be
prescribed by the N~ational InduEzstrial Relatio1s Board and approved
by the Admini~strator. The emzployers' representatives of such
Boards shall be sch~e rlted by the Code Althrityrr~ Representatives of
the employees shall be tr~uly Ire pr'r slenfltativ of the emnployees inzz sulch
local area and shall be selected in a manner prescrib,;ed by the NGG-
tio~na ,ll ndsrr; al Relations Boarrd and approvedl)L.! by th~e Adm?1ili. -
t~ra~tor. These inenb~ers of the Local InduI~stried. Relations -Boar)ds
macy select an impartial eba71-zirnw.
(d) T'he L;ocal Indlustral Relations Boards shall have the fol-
lowing powers aznd dtie lrs:
1~. To medial~rte aind conciliate in respect of any dip;4utEP ariSin~g
between employers and employees.
N9. To hear and assist in adjUStin~g any co~mpla~n~ts arisingJ fromn7
anty of the labor provisions of this Code.
3. To ofe'r their I, rei'lx as arbitrato?;s or thecir assistance in secur-
ing arbitrators in any dPs~irpu or comzplainzt adings~~ between en-
ployers and~r employe..4,~~ po-vided such dlhizpute is i'/orluntrril/ ,sub-
mitted to their arbitration, by both such parties.
4. To aIss~ist in promnoting cooperation bH r'flenP employers and em-
ployees in this Trade.l
1 Italicized words added by Amendmnntrt No. 1, approved Apr. 19, 1934.





.557


ARTICLE YT- DMN RlISTRATION'

1. Thle Cod~e Author~ity is hereby constituted the national admninis-
trativet agency of the cleaning andl dyeingr trale, to cooperate with
the Admllinistrato .in the andministr~ation of this Code.
2. Thie organization and constitution of the Code~ Authority shiall
;be as follows:
(at) The Codle Aluthority shall consist of ten (10) individuals to
Ibe selected a-s hereinafter set forth. The President, in his discre-
tion, may appoint -- additional members without vote to represent
such groups or governmental agencies as he may designate.
(b) The Code Authlority shall be selected by the followFing method:
1. Three (3) retail plant-owners shall be appointed by the Board
of Directors of the National Association of Dyers and Cleaners.
2. Three (3) wFholesale plant-owvners shall be appointed by the
3Board of 3Directors of the National Association of Dyers and Cleaners.
3. Three (3) retailers who are not plant-owners shall be appointed
~by the Board of Directors of the National Association of 1Retail
TSailors, Cleaner~s a~nd Dyers, Inc.
4. One (1) executive, without vote, who shall act as chairman,
shall be appointed, subject to the approval of the Administrator,
by a majority vote of the persons appointed 'under the preceding
three (3) paragraphs.
T~he foregoing persons shall be appointed immediately after the
a: 1.roval of this Code, and shall hold office until Decemnber 31, 1934,
and thereafter until their successors are appointed and qualify.
Their successors shall be appointed for a term of one (1) ylear on
or before Decemnber 31st of each year, subject to the provisions of
SLection 2 (c) of the Act. Appointments of successors (which may
include resppointments of original members) shall be mIade, and
vacancies for unexpired terms may be filled, in the same manner
-and by the same agencies as the original appointments.
(c) The following principles shall govern, so far as practicable,
the voting rights of the three (3) groups retaill plant-owners,
wholesale planlt-owners, and retaliler~s who are not plant-ownlers)
repr'esentedl on the Code Authority:
1. On any matter adversely affecting any one of the three (3)
~groups, that group shall have a vorice equal to the comnbinled voice
of the other tw~o () groups.
2. On. any matter affecting one (1) group and not affecting the
other t~wo (r2) rrroups, the group affected shall have exclusive juris-
diction over such matter.
(d) Any trade association participatingr in the selection of the
Code Authority shall:
1. BEe andl at all times continue to be truly representative of the
cleaning and dyeing trade, and~/or the groupS thereof whose r~epre-
sentatives it (th rough its Board of Directors) appoints to the Codte
Authori ty.
2. Impose no -inequitable restrictions on its mlembership, and2
admit to membership on equitable terms and conditions all memn-
bers of the group or groups whose representatives it throughh its
Board ~of Directors) appoints to the Code Authority,y





558:


3. Submit to the Administrator- true copies of its articles of asso-
ciation, by-law~s, regulations, and any amendments when made
thereto.
4. Comply in all other respects withi the provisions of the Act.
After g;IvIng reasonable notice and. opportunity for hearing, and'
upon finding that an association is guilty of a substantial viola-
tion of any of the foregoing obligations, the Adm-in~istrator may
cancel, in whole or inl part, or restrict, or subject to appropriate
conditions, any further exerelse of such association's power of
appointment of representatives on the Code A~uthority. In the fur-
ther event that, at such hearing it appears that some other associa-
tion is m-ore truly representative of th~e group or groups theretofore
represented by an association found not to be truly representative,.
the ~Administrator may designate such other association to succeed
to and to exercise (through its Board, of D~irectors) all or any part of'
the power of appointment previously exercised by the association
found not to be truly representative.
3. The Code Authority shall have the following further powers:
and duties, the exercise of which shall be reported to the ACSdminis-
trator and shall be subject to his right on review to disapprove or
modify any action taken b~y the Code Aluthority:
(a) To divide, and, if necessaryy, subdivide, the United States into!
such regions and local areas as, in its judgment, will best facilitait~e
the administration of this Code,
(b) To appinP'~ t a re pmentatcivrrf!e of employers to the N~a~tional
Industrial Relations Board and represe~ntatives of (e plo7Ye~rs to all
local Inducstrial Rei/flaion.<: Boards.l
(c) To establish and appoint local cleaning- anld dyeing Adminis--
trative Boards for each such region and local area and to delegaate
to such Administrative Boards any of the powers and duties reposed
in it b~y this Code with respect to such regions and local areas,. each!
such Administrative Board to be representative of the several' groups
comprising the cleaning and dyeing trade in its region or local area;
and, where a representative consumers' organization exists in such
region or local area, to include a representative of such organization
without vote.
(d) To choose from among its membership an Executive Com-
mittee of not more than five (5) persons who shall be representative
of the groups composing the Code Authority, and, for intervals be-
tween meetings of the Code Authority, to delegate to such Executive
Committee any of the powers and duties reposed in it by this Code,
Meetings of the Code ~Authority shall be held not less than once a
month, unless otherwise specified by the Administrator or hnis agent.
(e) To delegate to the executive mentioned in paragraph (b), 4,.
of Section 2 of this Article any of the powers and duties reposed in:
it by this Code for intervals between meetings of the Code Authority
and/or of the Executive Committee.
(f) To adopt and prescribe minimum standards of quality for each
of the several types of service performed by the cleaning and dyeing
a Italicized words added by Amendment No. 1., approved. Apr. 19, 193&.





559


trade, and, to this end, to cooperate withl a committee to be selected
by the followTingr method:
1. One (1) active member of the National Ass;ociation of Dyvers
and Clleaners shall be appointed by the Board of Directors of th~at
aSSOCIatlOn.
2. One (1) person shall be appointed by the American Home iEco-
nomxecs As~socilaion.
3. One (1) technician (who may be selected fromn without the
trade, p~refera~bly from the UJnited Statecs B3ureau of Standards) shall
be agreedl~ upIon by the two (2) per~sons appointed under the precedl-
ing two (2) subparaigraphs or, in the event. they fail to agree, by
thte Administr~ator.
(g) To prescr1ib.e uniform hours for opening and closing of retail
outlets for each region or locality, wit due regard for the nleeds
and customs of such einsadlcaiis
(h) To establish asn.~nnd precriib e far nd reasonable miiinimum
whlolesale and retail prices by regions and/or local areas, for the
several services comprlsedl within the definition of cleaning and dye-
ing; such minimum wholesale and retail prices to be sufficient to
provide for carrying out the purpose of the Act, to be consistent with
maintenance of thne minimum stan dards of quality prescribed by th~e
Code Authority, to enable the trade to maintain the payment of at
least minimum wages herein establish~ed and other wages properly
based thereon, the furnishing of stable emnploymnent necessary to
maintain the trade, and such other consider~ations reasonably petrti-
nent thiereto.
Any minimum prices th~us estab2lished may from. time to time be
inc~reasedl or decreaused by the Code Author~ity according to changing
conditions.
Imm~ediaely a ftoer any such p prices, increases, ancd/or reductions
hav ben ppove b te Adlmlnistr~ator, the Code A1~uthority shall
take such step as are reasonably calculated to notify all members
of the trade the reo f. S uch prices, mecreases,~~ and/orrdution shall x
go into effect upon such date or dates as theCoeAtriyhllf.
(i) To determine, on the basis of volume of business and/or such
other factors as .may be deemed equitable to be taken into considera-
tion (and subject to review by the Adlministrator), the reasonable
share of the expenses of administration (including the expenses of
all regional or local Admninistrative Boards) for each. of the groups
of members of the trade represented onl the Code Authority, and the
reasonable share of each member within each group, to receive such.
payments either directly or through the associations representing the
several groups, and to make such disbursements and such distribution
of th~e proceeds of such payments as are found necessary to meet the
expenses of administration.
(j) To make studies and investigations of conditions and practices
curentin he rad; t gther statistics from governmental alnd other
agencies; to require ancllcfrmllmmesothtrd(i
such form as it may prescribe and with full protection to each miem-
ber as to the confidential nature of the datar such information as is
reasonably pertinent to the effectuation of te purposes of t~he Act
and of this Clode, ~either on its own initiative or as required by the





560


Administrator; and to compile, tabulate, publish, and distribute re-
ports based on such studies, investigations, statistics, anld information.
(k) U~pon its own initiative or upon complaint of anly person
affected, to make investigation as to the functioning and observance
of this Code, and to report the results of suchn investigation to the
Administrator.
(1) To cooperate with the Administrator in the establishment of
an advisory council for all service trades, to consider, and advise
with the Administrator on, matters of concern to two (2) or more
service trades operating under separate codes of fair competition, and
to appoint a representative of the cleaning and dyeing trade to such
advisory council.
(m) To furnish to government agencies such statistical infor-
mation as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, in addition to the information
required to be submitted to the Code Authority.
4. Members of the cleaning and dyeing trade shall be entitled to
make use of the National Recovery Administration insignia for said
trade, and may participate in, an~d share, thne benefits of the activities
of the Code Authority by assenting to and complying with the re-
quirements of this Code and by sustaining their reasonable share of
the exzpenses of administration thereof as determined pursuant to
paragraph (i) of Section 3 of this Article.
ARTICLE VII--TRADE PRACTICES

The following practices, by any member of the cleaning and dye-
ing trade, constitute unfair methods of competition and are
prohibited:
1. Misleading Advertising.--The use (or participation therein) of,
the publication, or the broadcasting of any untrue, deceptive, or
misleading statement, representation, or illustration, in connection
with and for the purpose of furthering the sale of cleaning or dyeinga
service.
2. Defamation or Disparabgement of Competitors.--The false
imputation to competitors of dishonorable conduct, of inability to
perform contracts, and/or poor or questionable credit standing, and
false representation concerning the grade or quality of the service
rendered by competitors.
3. UnIderselling C~laims.--AdvPertising which announces or lays
claims to a policy or continuing practice on the part of the adver-
tiser of generally or regularly underselling competitors.
4. Misltead~ing Gua~rantees.-Guarantees which are not specific as
to thne nature and extent of the guarantee or which for any reason
are unenforceable against the guarantor.
5. D~isclaimers.-Aittempts by stipulation to evade, limit, or nullify
what would otherwise be the lawful responsibility of a member of
the trade for articles left with him for cleaning or dyeing.
6. ~Misrepresen~tation of, Prices.-Representation of any prices or
credit terms as special 'when they are inl fact the regular prices
and/or credit terms of the person making such, representation; also
the creation. of the implication that quoted prices aPpply to completely~
finished work whenl in fact they apply only to partially~ processed
work.






561


T7. Spring Beloue Rr'gional Price.-The sale of any cleaning or
dyeing service in, or for delivery to, or for r~esale in, any regionl or
locality at less than the mninimulm wholesale or retail price (as thre
case may be) for such service, as established for suich regrio~n or local-
ity under the provisions of Article VI, Section 3 (h) o~f this Cod~e.
8. Unfai;,n~r merichadi ng dev~ircs.- (~a) Thle fur~nishing~ of fr~ee
work to anyone except a bona fide charity.
(b) The furnishrine of free storace to customers.
(c) T~he pay-ment of a ~ommni~sson or anyr other consid~eration to
aInyone not a member of the trade or regularly employeder by a memn-
ber of the tr~ade, for the solicitation or procuring~ of cleaning or
dyeing wrFork.
(d)e Thle use of lot teries.
(e) The use of coupon hooks. discount coulpons, or premiums.
The provisions of' thnis paragraph shall not, however, prohibit (1)
giving tepurchaser nalo~wance or cash discount, not to exceed
two percent (2C%) in thne form of cash, book credits. or promises to
pay where payment byg the purchaser is made in cash on or before
the tenth (10th) of the month following date of purchase, or (2)
the use of coupon books, discount coupons, premiums, or certificates
by a member of the trade w~ho was using such coupon books, dis-
count couipons, premiums, or certificates on ~November 1, 1933, under
a subsisting and binding contract with a person not a mnem~ber of the
trade, but only until thre expiration of such contract, or (3) the use
of coupon books or of discount coupons provided all of the members
of thne trade doing business iln the same local area agree to such use,
or~ (4) nithe use of premiums or ofc certificates in connection w~ith the
saleof leaingor dyeing services which provide to the buyer money,
goods, or services havingr a resale value not in excess of five per cent
(5%n) of the minimum price of such cleaning and. dyeing services,
the amount of such resale value to be addedl to such price establishedl
pursuant to Section 3 (h) of Airticle VCI[.
9. Added Cha~rlgesp.-The attempts to seculre an additional charge
for the eradication of spots or stains after the mnembetr of the trade
agreed to drly-clean them for a stated price.
10. Secret Rebates.-Thle secret payment or allowance to any cus-
tomer, or to any employee of a customer, of rebates, refulnds, remiss-
sionss of past indebtednes~s, commissions or discounts, wh~lether in the
form of money or otherwise, including the extension to particular
customers of speriial services or p~iv-ileges,, false invoicing, and rebates
umrll-r th~e guise of allowaPnces for~ lost, mispincedl or damagedl~t articles.
11. Imzitation. of Competycitors.-T hec simu~la~tion or copying of a
competitor's style of stor~e front, of signs or of advertising, w~ith the
intention, or having the tendency andc capaCity, of deceivin~g the
customers of SuIch complletitors.
12. CoL~ccrdon in the ~Snal of Stfock; to Emplo7yees.--Coorcion of em-
plOyee's to purchase stock of an emlployer'`s comnpany as a condition
to obtaining payment of post-due wsFnges or for any pur~pose dlsirmed
to, substitute such purchase? in whlole or in par"t for full payymente of

13. Sic77ingl Be~low ,Ctai/ndarl d quality.-Th~e otferinrr and/or sale
of any clea~ningt and/or dyeting service to the public, belowr the min-






562


imum standards of quality for such service prescribed by the Code
Authority, pursuant to the provisions of Article VI, Section 3 (f), of
this Code.
14. Posting of Inzsura~nce Information.--Failure to display in a
conspicuous place a printed or written placard stating whether, to
what extent, and against what hazards fabrics left for cleaning
and/or dyeing are protected by insurance for the benefit of the
consumer.
15. False or Miscleading Statemzents Concerning I~nsurance.--False
or misleading statements or representations by any means whatso-
ever as to the amount and/or character of insurance carried for the
benefit of the consumer on fabrics left for cleaning and/or dyeirng.
16i. Accepting of W~tork fromt Solicitors.-Acceptingf of work from
a person who solicits cleaning and/or dyeinrg work and who is neither
a member of the trade nor regularly employed by a member of the
trade. TIhe provisions of this Section shall not apply, however, to
anyr such person wThere he engages in such solicitation under a con-
tract with a plant owner, terminable on not less than six months'
notice.
17. Viol~en ce, Inztimnidaltion, or Unlarwful! Coerciolz.- (a) Any use
of violence to person or property, intimidation, or unlawful coercion
by a member of thle tradl~e against a member of the trade.
(b) Any threat b~y a member of the trade to use such violence,
intimidation, or unlawful coercion.
(c) Anly conspiracy among members of the trade, or among mem-
bers of the trade and others, to use or to threaten to use such vio~lenlce,
intimidation, or unlawful coercion.
()Any combi~n~ing or cooperating by a member of the trade with
anyorne w~ho is uing;~ or threateningsto use such violence, intimidation,
or coercion.
ARTICLE VI1I --RONOPOLIES

No provision of this Code shall be so applied as to permit monop-
01ies or monopolistic prne~itices, or to eliminate, oppress, or discrimi-
nate against small enterprises.

AlrRTICLE IX~-M~IomrICATIoN

The President may from time to time cancel or modify any order,
approval, license, rule, or regulation, issued under the Act.
ARTCLE XY--EXEMPTIONS

The provisions of this Code are subject to Paragraplh 1 of Exrecu-
tive Order No. 6354, issued by the President on October 23, 1933,
reading as follows:
The provisions of the President's Reemployment ~Agreemnent,
issued July 27, 1933, shall not be held to apply to employers engaged
only locally in retail trade or in local service industries (and not in
a business in or affecting interstate commerce) who do not employ
more than five persons and who are located in to-wns of less than.
2,500 population accordingg to thne 1930 Federal Census) which are
not in the immnedliate trade area of a city of larger population,






563


except so far as such employers wvho have signed the President's
Reemploym~ent Agreemnent desire to continue to comnpywitth
terms of said agreement after the date of this order; and ti ee
of such employers who have heretofore, signed the President's Re-
emiployrment Agr~eement shall be further extended so as to release
t~o thec same extent all such employers of obligations not voluntarily
assiumedl under the provisions of a Code of Fair Competition ap-
p ro ved by the Pres d en t. This exemption is intended to relieve
small business enterprises in small towns from fixed obligations
whichl might impose exceptional hardship; but it is expected that all
such enterprises will conform to the~ furllest. extent possible withn thle
requirements which would be otherwise obligatory up~on them."'
ARrICLE ~XI--EFFECTIVE. DATE

The effective date of this Code shall be the second Monday after
-the approval by the President.
Approved C'ode No. 101.
Registry Noa. 17141,'22.




UNI~IVERSITY OF FLORIDA
111 1 1111111111UI l lllill illll I
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