Code of fair competition for the curled hair manufacturing industry and horse hair dressing industry as approved on May ...

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Material Information

Title:
Code of fair competition for the curled hair manufacturing industry and horse hair dressing industry as approved on May 14, 1934
Portion of title:
Curled hair manufacturing industry and horse hair dressing industry
Physical Description:
p. 139-150 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Hairdressing -- United States   ( lcsh )
Horsehair -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1627-02."
General Note:
"Approved Code No. 427."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950970
oclc - 656837854
System ID:
AA00007062:00001

Full Text






NATIONAL RECOVERY ADMIINISTRATION




CODE OF FAIR COMPETITION

FOR THE

CURLED HAIR MANUFACTURING

INDUSTRY AND

HORSE HAIR DRESSING INDUSTRY


I- I
Per sale by thre Superintendent of Documents, Washington, D.C. - Price 5 cents


Registry No. 1627--02


Approved Code No. 427


AS APPROVED ON MAY 14, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


























This publication is for sale by the Superintendent of Documenlts, Government
Printing Office, Washlinlgtonl D.C., and by district ~l~lbasl of the Bureau of Foreign
and Domestic Commrrerce.
DISTRICT OFFICES OF THE D)EPARTMlENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Bulhlilll.
Birmingham, Alt. : 257 Federal Buibllinz,
Boston, Miass. : 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce B~uilding.
Chicagio, Ill.: Suite 1706, 201 N~orth W~ells Street.
Cleveland, Ohio: Chamber of Commer~ce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce? Buibill;.-.
Indianapolis, Ind.: Chamrber of Comamerce Building.
Jalcksonville, F'la.: Chamber of Comm~erce Building.
K~ansuls City, Mo.: 1028 Baltimnore Avenue.
Ltos ~-lAnteh -. Calif.: 1163 South Broadwa~-y.
Louisville, K~y.: 40l~s F'ederal Enihliing.
Mlemphis, Tenn.: 229 Federal Building..

New Ollrhan-, La.: Room 225-A, Custonlhouse.
New Yorkr, N.Y.: 734 Customhouse.
Norfolkr, Vra.: 406 East Plurn~e Street.
Philadelphia, Pa.: -I22 Comme1Irc'ial Trust Building.
Pittsburgh, Pa.: Chamberllcl of Commerce Building.
Portland, Oreg.: 215 New Post Office Bulilling~.
St. Louis, Mo.: 500 Olive Street.
San Fr:lllu-i-.-o, Calif.: 310 Customhouse.
Seattle, WaVcsh.: 809 E deral~l Otil e Building.












Approved Code! No. 4237


COD'E: OF FAIrR COMPETIITION
FOR THEI

C URLED~~pT H I~ MANUllFAJCTJ~TURING INDU~STRY AND)
HOR~S]E H3[AIRW DRESSING INDUlBSTRY%%

As Approved on M9;ay 14, 1934


ORDER

AI'rranvISa CODE OF` lI~BR COMPETITION FOR TH-E CrHLED.~ HAr RJIRfNUT-
rnc~rHmsc Ios~nr;y AND HORSE HBIR DRESSING INDUSTRY
An anpplilntionl Elnvingc been duly mlad-e pursu~lantt to andt in full
comp'lillc nne wth the provisions of Tliitle 1 of te Nationral I~ndustr~inI
RecoveP~3' r c~t~. applrov\edf June 16, 1:3:3, for alpprovanl of a Code of
Fair' Com~petitio) n for thne Curled HIair MaInulfacturingn Industry and
Hors~e Hair Dressingr Industry, and hlearings having been duly held
thereoni and the annexed~ report on said Clode, continuing findings
withl respect thereto, hav7\ing been madelt andl directed to th~e Presrident.
NiOW. THEREFiORIE, on behalf of the Precsidentl of the U~nited
States. I, Hug3h S. Johnson, Admlinistrator for Ind~ustrial Rcovery,~
pur~suant to authority rested in me by Ex~cultive Orders of the Presi-
dent, including~ Exec~utive Ordler No. 6543-A, datedl December 30!,
1933, and. othcrw-ise; do hereby incorporate by referecnce. said annexed
report and do find that said C~ode compylies in all r~esp~ects with the
pertinent provisions andl will promote the policy and purposes of said
Title of saidZ Ac~t; andc do hereby order tha~t. Said Code of Fliair Coml-
petition be and it is hereby appr'oved
HUGHl S. Joassonr,
AdmIinistratoro for Indullstiaicl Recovery.
Approvanl recommended:
GrEO. J;. BIERRY,
D~ivisiol lnz A inistr~ator.
WASHINGTONU, D.C.,


58780" --5434-79---34


(139)














The PRESIDENT,
The Wlhite H~ouse.
SIn: This is a report on th~e app~rovedl Code of Fair Competition
for the Currledt Hanir Manufacturing Indutlryt3 and Horse H~air Dress-
mng Industry, thte hearing on which wvas conducted in Wasihington,
December 5, 1933, in accordance w~ithl the provisions of the National
Industrial Recovery Ahct.
Under the provisions of this code no femllal( emplloyee shall be
pn;il1 less than at the rate of tihirty-five cents (3550) per hour, and no
matle emnplo~yee shall be paid less than at the rate of forty cents (404)
perL h-our'. It is further p~rovidedl that female employees~~, perforrming
-ubsltanrt `allyT the same work'li as male employees, shall receive the
Esme rate of pay as male employees. Section1 5, of Article IV,
provides for aln merease~( in the pay of all em~ployee-t receiving in
excess of the minnimumn wage, who21 have not received an adjus.tmentlt
since June 16, 1933.
N~o employee shall be perml~ittedl to work in excess of forty (40)
hour inanyone w-eek or eight (8) hours in any one day, with the
exception. of watchmren, firemen, and en ineer~1s, who are permitted
to wvorkr forty-four (44) hours per wseek. Emergency ma~in-tl-na:nce
or emergency repair men shall be paid at the rate of time and one-
half for all hours workedl~~ in excess of fonrty:-eight (48) hours in any
one wTeek or ten (10) hours in any twyenty-four (241) hour period.
The H3orsehn1i ir DIressig I~ ndustry7 emralirces e~st abl i-hmenr'ts en-
gag-d~?C in the cdrets-ing of h~orsehair, whiich colnsists of the following
P''''"''-ing: w-ashing, caribingr i, a -orting, rlhe:--Jing, and finishing.
This industry is very small both in number and size of establish-
mlents. Thlere are? at the present time only twen1lty (2) etabish
ments; ten (10) located in Phihleltlphlin and ten (0 nCiao
The negI~r eeate invested i-apital in this indul-tryS over th-e past five
years has dleclined from one million dollars in 1931 to five hundrledl
thou n-dnl dollars in. 1933.
Thze Currledl H-air ICndus-try consisiits of establishments engaged~l in
the washingr, spinning, andi comlbing of hog~,~ goat3, horse andtl other
animal hair. Thle -l, estacblishmaents, numbering thir~tteen (1:3) in total,
are located in the central andt eastern sections of thle U~nited States.
The afgl~gregte inves~teld capital in 1933 wias two million dollars.
This represents a ;;\3.3 per cent decrease under 1929.
Mr Nets1- for the H~orsehair Dressing Insfl;~sr3 's products are exsclu-
sively jobbers, wFho in most cases aret also imlporllters of dressed~l horse-
hair. These jobbetrs!i sell to b~rush,! hairclloth- andl furniture mnlfnu-
facturers, and~ a, few other small indus!tr~io-, the above mentionedf
outlets b~eingr in the order of their importancel~c as to volume 1I,:d.1
Within thle p~ast five years t~he ma1Zrkets for dlomestic (]ro edij~ hozrsehair
haRVe d~cli~nedr to? a por-int \ll i who ea large numb~er of establishments are1


REPORT TO' THE-E PRESIDENT






141


oper~atinga on a1 mlinimumlll Capait~~y Unslis, duef to the lowFc cost of for~eignn
d ressedl horschn ir!.
Th~e mair~kets for the CuI1lrle Hair~i IndlustryI ar~e ful~rniturle, bethrlinlg
andauombil mnuactres.Thle (1emand11 for curlledl hair has
decreased about .-1...7 penr cent.., from.. 1920i~ to 1933. T~he Curled~ Hair
Inusr i cnrotiga very grave~ probrt~llem andli ftht is the substi-
tuition o~lf other products for curled'1. hair.
T'he effects of' the pr~~lopose codce cln reemployllnien and payS-roll
incr~eases for the Hor~Isehair Dressing~ lIndus~try3 'nnnot be determined~t
for .two recasons;; (1) wvorkr is not steady for it is on the ordc~er barsis
andl size of orderl~s decterminec s the time of wofrk; (2) the increased in
wnageS to be paid w~ill dlependi entilrely on thle hours w\or~ked~. How-T
ever, thle emloyel~\'es will be benecfitedl by th~e shor~lter hlourls and in-
crease in waver rates whecn employedl.
The! Curledl~t Hair Industry wFill not increase the number of em~-
ployeesc due to thle shorter hours~, as they are nowF w\or~inlg on the
spreadl-workl sy3stemi, and bus.-iness does not requrire more production.
Incr~ea~edl burdel n to the industry~, because of wage rate inlcr1easet
wcpill be about $90i,000~l per yearI' or an1 average increase! of $4.00 p~er
weekl per empllloycee providing aill eploy~u)ees are r-etalin~el andt wor~k
full weekly hours.
The Acting Deputy Administr:trato in his fInal r'ep)ort to me~3 on Said
code, having foundc as herein set forth and on the basis of all thne pro-
c~eedings in this matter;
I: find that:
(a1) Said Codle is well designed to promote the policies and pur-
poses of Title I of the Nationlal Industrial Recovery Aict;, including
r~emova~l of obstructions to the! free flow of inlters~tatec and foreign
comm~cr~ce wI~hich tenldsi to dliminish~ the amount th~ereof and will pro-
vide for the general welfare by p~romloting the organization of
industry fo~r the purpllose. of cooperative nactionl amlong the trade
groups, byT inlducing and maintaining united action of labor andr
mnasngement under ndequate ~govrcmnental sanctions and siuper~vi-
sion, by eliminating unfair competitive practices, by rmtn h
fullest possible realizat~ion of the present prodctiv cpait o
indus~rtries, by avonidlngr undue restr~ictfion~ of prod'uctionl (excep~lt as
may be temnporarily required), by incr~easing the consumptionn of
industrial and agricultural products through mecreasmgl purchasing~
power, by reducing and relieving unemC11ploymlentf, by imlpr~oving
stndar~ds of labor, and byT othlerwise rehabilitating industry.
(b) Said trade normally employs not more than 50,000 emp~loyees;
and is nlot classified byT me as a mlajor nuty
(c) he odeas pproed ompiesin all respects with, the perti-
nent provisions of said Title of said Ac~t, including wnithlout limnita-
tion Subsection (a) of Section 8, Subsection (a) of Section 7, and
Subsection (b) of Sectionn 10 thereof; and that the applicant associa-
tion and trade group are an association and trade group truly r~epre-
sentative of the aforesaid industries and that, said association and
said group impose no inequitable restrictions on admission to memn-
bersh~ip therein.,
(d) The Code is not designed to and will not permit monopolistic
practices.






142

(e) The Codle is not dlesigned~r to and wrill not eliminate or oppress
small entePrprises8 andT will not olperate? to discfrimina~teP against them.
(f) Those engagedl- c in other steps of the economic process have
not been deprived of the right to be heard, prior to approval of said
Code, and for these reasons, this Colde has been app~oved~.
Respect'' fully,
Hancr S. JOHNSON,
Adminisi jtrantor.
MAY 14, 1934.













CODE O`F ]FAIR COMNPETITION F~iOR~ THE CUCRLED ~HAIR
MfANUT~FACTURIN INDSTR AND) HORSE H-TA I
D)RES~SING~ INDUSTRY

ARTICLE I-PERPOSES

To effecctuate, the poliies of Title I of the Natio~nal Indusrtr~ial
Recovery Acet this Codte is established as a Code of Ftiair Com~lpe-
tition for the Curledl H-air Manulfac~tui~ng~ Indlustry and( the HoTrse
Hair Dress.iing Industry3 and! its p,1rovisionsl shall be binding u~pon
every mIembert~i there~of'.
ARTICLEE II-DEFINEYWNSS
1. The term industrieses'" as used herein mleans the Cutrledl Hair
defi ne i n Sc t i efin:"~ ons 2 and~ 3 of this Article.
2. The term '" Curled Hair Mnu~nlfacturingl Indlust'ry "~ as us~ed:
herein includes the manufacture and sale by the manufacturers of
curled hanir, andc' such related- branches or sulbrivisionls as may13 flromn
time to time be inlcludced under the pr1ovisionls of this Code by the
President of the United Stateis, after such notice andl hearing as
he may prescribe.
3. Thle term '"Hrse Hair D~ressing Indrustry as u~edl hlerein
includes the dres-sing, selling and/'or waJholesale distribution of Horse
Hair "", and such re~latedc- branlchles or subdivisions as maiy from. t~ime
to time be included under the pr~ovisions of this Code by the Pretsi-
dent of the. Unitedl States, after suchl notice and hearing as he mayt
prescribe.
4. The termi member of the industries includes, but without
limitation any individual, partnership, association, corporation or
ot her form of enterprise engag~ed in. the Curled H~air Mannufactur-
ing I~ndustr~y and/lor the Horse HI-air Dressing Inldustry, either as
an emp~loyer or on his or its own behalf.
5. The term employee "~ as used herein includes anyT and all
persons engaged in the industries, however compensated, except
a member of the Industries.
6. Thle term "' employer "" as used here~in includes anyone by whrkom
such employee is compensated or employed.
7. The terms "'Act and '"Administrator as used herein mean,
respectively, Title I of the NIational I~ndustrial ]Recovery Act and
the Admninistrator for Industrial Rcovery
ARTIcL~E TTT--10URmS
1. No employee shall be permnittedl to work in excess of for~ty i(40)
hours in anly one week or eight (8) hours in any onie day, except
as herein otherwise provided.
(143)






144


2. Th-e p~rodhionsj ofl this Article shall not apply to persons em-
ployedl in aL In-magerial~i l or executive capacity who r~eceive~ not less
thlan thirty-fivle ( :'.;.00) per week, nor to trauvelingr -Me ment~ nor to
emplloyees engfagedl in f'me~lrnetwy'! malsintenance or cemel~inrgen ~cy epir
works involving p~rotcction of life or property, providled, however,

repaI"ir worv k shall rcc1ive ait least one andi one-half times their :norml~l
rate of pay for all hlour~s orkied in exicess of forty-eight (48) hourls
in. any o~ne w-seekr or inl excess of ten (10) hourls in any tivcnty-four
(24) hour p~eriod.
3. NUo want.tchinanl fireman or cenginleer shall be permitted to wvork
in excess of forty-four (44) hours in anly one wee;:~k.
4. No employee shall b~e permit ted~ to workr more than six (G) days
in any evenc~ (7) day period.
5. Employers, when wTor'king as producers, shall be governed by
the InxinlumII~ working~; 1 hours provided herein.
G. N~o employee shall be permittedl to w~sork for at total numbrr~r of
hour11s in excess of thle mu~lnber~l of hours prescr~ibedl herein wh~ethrer
he be employed~ by one or more emlployers.
ARiTICfLE I W7-AGES

1. No female emlployee shall be paid less than at the rate of thirty-
five cents (354) per hour and no male employee shall be panid less
than at the rate of forty otherwise provided.
2. A person whose earn'1ing~ C.up!:wity is limlited; because of age or
physical or mental hand~ir-ap macy be employe13'~d on lighlt wTiork at
a wag~ie belowv the mlinimumll esctab~lished~ by this Code if the employer1
obtains fromt the Stat~e authority de ;~luatr ed' by the United -Stattes
Depa'"rtment of PLabor a cer;tificate authorizing his employment at
such wages and for such hours as shall be started in the ecrtificat~e.
Each employer shaill file with the Codie A~uthority a list of all such
persons employed byg himn.
3. Female empllloyees performing substantially the? samae work as
male employeesc shall receive the same rate of pay as male emploes
4. This article establishes a, minimumu rate of pay wrhichshl
apply, irrespective of whethe-r an employee is nectuallly colrllpenl.catedl
on a time rate, ~piece-workl~l performanee or other basis.
5>. It is thle policy of the members of this industry to refrain from
reducing the compenea'll~t ion1 for employment which compllen-ationl
wals prior to June 16, 1933, in excess of the minimum \Trage here~in
set forth, notwNiths~tanding~ that the hours of workr in such. employ-
](Inent may be reduced*- and, unless since such date~ such adljustmlents
have been madle, all members of this industry shall endeavor to
increase the pay ofi all emnployee~i s in exce~ss of thre minimum wag~e,
as hlerein set forth, by an equlritable? adjulstmncrt of all pay schedules.
ARTICLE V- --ENER~AL IABOR P1:01IS.IIONS

1. No person ulnder sixteen (16) yearsl'- of ageC shall be emlployed
in the industry. No person under cighteenl (18) ye~n r of agre shall
be employed at opera;tions or occupations which are hazardous in






145-T


nature or anngerCouI s to helthaJ. TeCdeAtoit hllsb
to the Admllinisteno w'l I'~ith inl Sixty (60) days fromll CffeCitiveu this Codec, a list of su(1chl"'' oprtons or oclcupaltionst. ~. Inl an ta~te an
employeri sharll be denciedcc to hanve comlntia~l w\ith~ thiis pro'vision as
to are if hle shanll hav~ce on file a certificates or permit duly~ signedcr by
the Aulthorrityr inz suchl Stazte empoweredllt to issue employmentllen or age
cer~tific~ates o~r permits show\~ing thalt theC eploye,~)Ste is; of the requiredc

2. I~n c~omnpianee with~ S~c~tionr 7 (a) of the Aj~ct it is provided:
(a) Thalit employees shall have thec right to orga~nilzel and bargain
coll e~f ctivy through representrltat lives of their own choosing, andlt shall
bec free from thel in~terfcrenlce, restraint or corc~ciion of employ-ers of
Ilabor, or their agents, in the desigrnatio~n of such repl-r~esentatives~ or
in Self-orga~nlil izatio or in other1 concerltedl activitiess for the purpose""
of collective barg~ainingf orI other mutual aid o-r protection.
(b) Tha~t. no eployeelacc and no one see~king employment shall be
requ~ired~l as a condition of emplolly menti to jo~in any ?-<>mpal~ny union
or to recfrain fromn joining, orgal~znizm or n~s~istingS a labor organiza-
tion of his ownVI chl~Ooing, and
(c-) That. employers shall1 comply with Ilthe mla imumll hours. of
labor, mlininunnlll raltes of payT, and others condlitions~ of empllloymnent,
approved or prsciribed~ by the P'residecnt.
3. No, emplloyerr shall retclassify employees or duties of oc~cupations
p~erformedec or eng1,age in any other sublter~fugr e for the purpose of
defeating thle purpose or3a~1 pr~ovisionls of the Act or of this Code.~
4i. `E:rlver employer shall provide for thle safety and health of eml-
plyesdrigth~e houllrs~ and at the places~ of~ their employment.
Sta'ndards7 for safety an~d health shall be sulbm~ittedl by the code au-
thor~it~y to the Adin~tlli.str'ator within six mo~cnthls after the e~treetive
date of the codte.
5. No provisions~ inl this Code shall supcr~sede-e any Stalte or Fedleral2
law whlich implose-; on emp~tloyers~ more str~ingent rIeqCuirements11I; as to
age of emn~cploees, wages, holur~s of wTorkr, or asj to safety, health, sani-
taryr or general wnorking lrconditionls than-are imp~osedl by th~is Code.
6. All employers shall post and keep posted c~omplete co:piesi of thie
hour, wage? alnd geeallcI labor pr1ovisionls of this Code in, conspiiculous
plalces alc~cessible to employees.
Anerca VuarI-Am\IN(snna

OHGC.LNIZATION AND CONSTITUI'ITON

1. A, Code Aluthor~ity is hlereby estab~lishred to cooperate with the
Admninlistrator in the administration of this code and shall consist
of eirrht (S) memlbers, three (3) of wThom shall be chlose~n by the
Curled Hallr Manufacturing: Indfustry an~d five (5) shall becr chosen
by t~he Horse~c Hainr Drcs;,ing Indutli~lry throuigh a fair mcthiodl of
selection approvedl by, the Administlrato r.. The Admi n i st ra to in h is
dliscr~etion may ap~poinlt not mlore fthan t~hlree (3) additional memcrbers
without vote andl without compenl-c sntion from the industry, to serve
for suchl per~iodl of timei andl to represent the Aldministrator or suchl
group~ or groups as~ he miay des~ignlate. Thlc memllber'S of the CodXe
Authority fr~om the C'Iurle HaIiri 10nun~fac-tr uring Indlustry and thie






146

members of the Code Authlrit~y from the Horse Hair Dressing In-
dustry shall be thle sole C'ode ALuthority on all mnatter~s pertamning
evclusively to their respective industries.
2. Each Unlle or indurll!iall association directly or indirectly~ par-
ticip~ating~ in thelr selection or activities of the Code Authority shall
impose no ineqyuit~able 1rstrition s on membership, and shall submit
to the Administrator true copies of its articles of association, by-
laws, reg~lulations and any a~irnendmlenlts; when made thereto, together
with such otherl infolrmatlion as to membership, organization and
nletiv.ities a2s the Admrinistrvator may deem necessary to effectu~ate the
purposes of the Act.
3. In order that the Code Authority shall at all times be truly
representative of the industries and in othecr respects comply with
the provisions of the Act, the Admninistrator may p~1rescribe such.
hlearingrs as he may deem proper; and thereafter if he shall find that
the Code Authority is nlot truly represellntatie or does not in other
respects comply with the provisions of thle Act, he may take such
action as he many deem necessary under thie circumstances.
4a. Any member of the industries shall be c-nltitledl to participating
in and share the benefits of the activities of th3e Code A~uthority and
to participate in thle selection of the members thereof by assenting
to and comlpl~ying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mninedl by the Code Authority, subject to the alpprovanl of the Adm~in-
istrator, on the basis of volume of bus1iness~ and/or. such other factors
as maay be deemed fair and equitable.
5. Nothing contained in this Code shall constitute the members
of th~e Code Authority partners for anly purposes. Nor shall any
member of the Code Auth~ority be liable in any manner to anyone
for any a~ct of any othertl member, officer, agent or employee "~ l~of the
Code Authority. Nor shall any member of the Code Atoiy
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his owpn willful mis-feasance or non-fe~nance..
6i. Powers and Duties.--The Code Authority shall h-ave the fol-
lowing further powers and duties:
(a) To administer thne provisions of this Code, provide for the
compliance of the industries with the provisions of the Aict and to
propose and submit to the Administrator its recommendations for
amendments and/or modifications of this Code wcphich shall become
effective as a part of this Code upon. approval by the Administrator
after such notice and hearing as he may specify.
(b) T1Io adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the indulstries such information
and reports as are required for the administration of the Code and
to provide for submission by members of such informattion and re-
ports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which inform~at~ionl and reports
shall be submitted by members to suchn administrative and/or gov-
ernment agencies as th~e Administrator may designate; provided that
nothing in this Code shall relieve any member of thle industries of






147


any existing obliglt ions to furnish repo~t~s to a ny governmelcnt ag~enrcy.
No individual reports shall be diclsrosed~ to any! other melmber of thre
industries or any! others party except to such g:overnmentalltlt agenc'iesj
as may be directed by th~e Adi n ist rantor.
(d) To use such trade associate ioni andic other agencries as it deemns
proper for the~c enlrrying out of any of its activities provridedl for
herein, provided thant nothiingi heirein shall relieve thie Codr~e Authior-
ity of' its duties or r'esponsib~ilitie~s undcr this Code and that sulchl
trade associations andc agencies shlla at all times be su~bjec~t to andc
comply w\it~h the provisions h~ereof.
(e) To mak~c reomm nendfat ions to thre Adm11inli~stratorl for thne co-
ordination of? the adminilstration ofl this Code with~ such other if any, as maiy be reclated~ to the indlustries.
(f) (1) It being foundl nel.eissarya to support the Adl~ministrflation
of thislC'od~e, in order~ to effec(tuante the policy of the Act and to
miaintain thle stanldardss of fair compe~ttitialn estabhli hled hiiereunder,
th Codle Authority is au~thorizedl:
(a) To incur such reasonable trbligaltionsl as are .nces~saryS aIndl
proper'' for the foregoingr purp'oses and to meect such obli-
g~ations out of fundtl which shall be held in trust for the
purpo'>'ses of the Codel and ranised~l as h~ercilnafter providedl~;
(b) To submit to the Adm~inist~a tor~ for ]his approval'~, subject
to such noitice, and oppor~ltunit~y to be heardr; as he ma~y
deemn nece~ssary3:
1. An item7ized b~udget of its estimanted expenses for the
foreg~oingr purpose s,; and
2. Aiin equ~itab~le basis upon which thle funds nlec~ear~y
to suppllort such hudg~let. shall be contr~ibutedl by all
members of the Ind~ustryS entitled~ to the benefits
seemiung fromr thze maintena:: nce of sulch standards,
and ~thle adm~iniisl~t ratn thlereof;
(c) Ar~fter such budget anrl basis of co:ntr~ibution hazve b~een ap-
prov'\edl by the Adcministrator, to detennlline and collect
equitable conltr~ibuttions as ablovec set; fourth, and to that end,
if nleessary, -to.inistitute legal prcedctings there~fr in
its own name.
(9) Eachl InemlP r of th~e industry 8Ihall be liable for his or its
equitable conltributionn to thle expenses of the maintenance of the
Code Aulthor~ity as herfeil~abov e pro~~vided.i Only members of the in-
dustry comp~lyinge with the Code and. makRingl such conf'tributionl shall
be entitled to participate in the selection of the members of the Cdod
Authority or to r~eceiv e the be~nefits of its volulntary activities or to
make use of any Nf.R.A. insignia.
(g) To cooperate w~ith the A~dm~inistrantion in regulating the uise
of anly N'.R~.A. inlsigania solely biy those mecmbers of the indus-try who
have itssented~ to, and are co-mply~in g w\ith, thris Code.
(h) To recomme~nnd to the Adlmini st ';frato a ny action or measure Ies
deemed advisable, inrlud~ingr further fair trade practice p~rov~isions to
govern members of the industry in their relations with each other or
writh other industries; measuires. i for industrial planining, and' stab.ili-
zat~ionl of employmen~lt; andl' including mod~lifications of thlis Codle
whlich shall become effective as part hereo" f u1pon approw'\nl by thle
Admiinis~tratoir after such notice and hearing~ as hie mnay sp~ecify.






148


(i) To appoint, a Tradie Practice Committee which shall m~eet
with the Trade IPr~actico Committees appointed under such other
codes as may be related to the ind'uzst ry for the purpose of formulat-
ing fair trade practices to gro~vern the relationship ps between emplo,~y-
ers under this code and under such other codes to thre end that sc
fair trade practices may be proposed to the A~dministrator as amenmd-
ments to this code, and such other codes.
(j) To provide appropriate facilities for arbitration, and sub-
ject to the approval of the Administrator, to prescribe rules of
procedure and rules to effect compliance with awards and deter-
muinations.
7. If the Administrator shall determine that any action of the
code authority or any agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investi-
gation of the merits of such action and further consideration by
such code authority or agency pending final action which shall not
be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of inten-
tion to proceed with such action in its original or modified form.
AC~RTICLE VIII TRADE PRACTICE

1. No member of the industries shall publish advertising
whetherr printed, radio, display or of any other nature), which is
misleading or inaccurate in any material particular, nor shall any
member in any way misrepresent any goods (including but withl-
out limitation' its use, trade mark, grnde~, quality, quantity, origin,
size, substance, character, nature, finish, material, content or prepa-
ration), or credit terms, values, policies, services or the nature or
form of the business conducted.
2. No member of the industries shall knowingly withhold from
or insert in any quotation or invoice any statement that makes it
accurate in any material particular.
3. No member of thne indus~itr'ies shall brand or mark or packz anyd
goods in any manner which is intended to or does deceive or mislead
purchasers with respect to the brand, grade, quality, origin, size,
substance, character, nature, finish, material, content or preparation
of such goods.
4. No member of the industries shall publish advertising which
refers inaccurately in any material particular to any competitors or
their goods, prices, values, credit terms, policies or services.
5. No member of the industries shall publish or circulate unjusti-
fied or unwarranted threats of legal proceedings which tend to or
have the effect of harassing competitors or intimidating their cus-
tomers. Failure to prosecute in due course shall be evidence that
any such threats is unwarranted or unljust~ified.
6. No member of the industries shall ship goods on consignment
except under circumstances to be defined and applied uniformly by~
the Code Authority, where peculiar circumstances of the industries
require the practice.
7. ~No member of the industries shall attempt to induce the breach
of an existing contract between a c~omlpetitor' and his customer or






149


source orf supply; nor shall any sulch member int~r~fe~re with or
obstruct the performance of such contractulal tluties or services.
8. No member of the inrdustr~ies shiall I~require thant the piurch~nse or
lease of an ~goods be a plrerequ~isite to the purlchasee or lease of any
other croods.
9. N~o mnembetrI of the indu~str~ies shall joinr or part~icipante wj~ith other
mnemblers of the indulstries wvho, with suzch member, constitult e a sub-
stanltiall Ilnumbe' of memllberY of the industries,~ or wlho tog~ether control
a substantial prce~tnt of the business in anly specific product or p~rod-
ucts of the industries, inl any tra~nlaction know-n in law as a b~lacklist,
incluldingi an y pac~ticer or dlevice (such as a whlite list) wh-tichl accom-
plishecs the purpose of a blackrlist.
10. N'o member o~f the indlustief~ s shall give. permit to b~e givecn. or
dircctlyc offer to give. nnythin g of value for the p~urpose- of irfluenc~ing
or r~ewarding thle action of any emplloyee, agent or reprcsentative~ of
nanther in r~ellt ion to the business of t'he em ployer of uch employee,
the principal of such agent, or the r~epresen~ted party, without the
k~nowrledge of sulllch employer, prIincip~n! or p~arty. Commercial brib-
ery provisions shall not. be construed to pro~hib~it free and general
distribution of articles commoly ursed for advertising cxcep~t o far
as such~l articles are actually usedl for c~ommerein I br~ibetry as herein
de~fined~.
Ann?'cuI; V~I II-M~ERC'HAN~iDISINhG

The~ followings provisionls of this Artic~le shall apply to aIndl affect
onlyl the mnemblers of thle Curle~d ITaTir Mallu-nufcturingl Industr~~IY.
1. Thle Code Aulthority for the Curled Hair Mianufac'lrturingn~ Indu~s-
try shall forthwith rec~onunendc to thle Adabiinistrntor for his ap~pro\al
an adequante methodl of cost. finding which shall contain the principall
elemnents; of cost and wBhich shall be~ capable ofT uniforml1 applications
within the industry. Wiithlin thirtyr (30) days after suich method
shall hlave been ap~proved by the Adcministrator, it shall be u~sedl as a
basis for determ~ining~ indlividual cosct, and thereafter no memrber of
th~e indlustry shall sell his pr1odluc.ts at a price below? hris ownl indi-
vidual cost. except as hereinafter provided.
2. Each mlembe~r of th1e industryv shall file with the Code Author~ity
w\ithin~ thirity (30) day~s after such method~i of cost findlingr shall have
been approve\' d by: the Admiiinistrator, a schedule of prices annd dis-
count.; aIt whlich hie lumpllose~s to sell the pr1oducts of thiis Indus~try
which shall become effective up~on the date of filing thereof and no
Inmember of the Industry' shall sell any of his products at a price lower
or dicoun greter tn those w~hichi he currently hans on file with
the C'cdre Aulthority. RIevisedl price lists and..'or discounts maty be
filled by any- memnbpr of the industry at anly time thereafter to become
effective upon thle date of the filing thereof. AHI suich price lists and
dliscounts so, filed shanll be maide available by the Code Auithority to
a~I ll members of the indu-,:ry3 and to anly other interested panrty upon
Ireques~t therefor.
3. Any-~ Ilmember of thle inidustry~ ma~y sell his products at a price
less thlan hlis own1 inldivid~al costs in, order to mneet bonra fidle comp~e-
tition in any! spe~cifice instances, provided, suich prices is not less than
thr pi,ce o~f the lowecst comipetling itemi on file with the Code
Authority.






150


4. Ani~y member of the industry may sell discontinued, obsolete~ or
distress merchandise at a price less than his own individual cost
with the approval of thme Codle Authority upon such terms and con-
ditions as it mlay specify. Appeal from the decision of the Code
Authority upon ~nyV aipplication for the sale of such melr~chand~li~se
may be had direct to the Administrator and the decision of the
Admlinistrator in such cases shall govelirnI the sale and disposal of
the merchandise coveredt~~ by the application.

ARTICLE IX-LMODIFICATION.

1. This Code and all the provisions thereof are expressly mader:7
subject to thie right of the President, in accordance with the pro-
visions of subse~t~ t ir l (b) of Section 10 of the Act, from time to time
to cancel or modify any order, approval, license, rule or regulation
issued under said Act.
2. This Code, except as to provisions required bly the Act, m~ay be
moddified or amended on the basis of experience or changes in cir-
cum~stances, such modifications or amendments to be based upon
application to the Adaminmistrator and such~ notice anmd hearing as he
shall specify, and to become effective on approval of the President,
unless oth-erwise provided.

ARTICLE X----MONOPOLIES, ETC.

1. No provision of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eleminate, oppress or
discriminate against small enterprises.

A-RTICLE XI-PlRICE INCREASES

1. Whereas thme policy of the A~ct to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
~ARTICLE XII---EFFECTIVE DATE

This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 427.
Registry 1627--02.



















































































































































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UNJIVERSITLY OF FLOJRIDA
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