UNIVERSITY OF FLORIDA
II U1 u I Illl Il i l II I III II I IIIII III I I IIII IHI
3 1262 08486 7505
Registry No. 247-1-05
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
MILLINERY AND DRESS TRIMMING
BRAID AND TEXTILE INDUSTRY
AS APPROVED ON OCTOBER 31, 1933
UNIV. O r ,.WE DO
U '". Tr -T
1. Executive Order
2. Letter of Transmittal
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
This publication is for sale by the Superintendent of Documents, Goverument
Printing Office, Washington, D.C., and by district offices of the Bureau of
*Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 50 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Cus-tomheuse.
Buffalo, N.Y.: Chamber of Commerc? Building.
Charleston, S.C.: Chamber of Commerce Building.
Chiicago, Ill.: Suite 17t(i 201 North Wells Strert.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Buildiun.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamiber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fin.: Clhamber of Commerce Building.
Kansas City, Mo.: 102S Baltimore Avenue.
Los Ange!es, Calif.: 1153 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custolilhouse.
New York, N.Y.: 734 Customhouse.
'Norfolk, Va.: 400 East Plume Street.
Philadelphia. Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber o:f Commerce Building.
Portland, Oreg.: 215 New Post Olice Building.
St. Louis, Mo.: 500 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Bullting.
CODE OF FAIR COMPETITION FOR THE MILLINERY AND DRESS TRIMMING
BRAID AND TEXTILE INDUSTRY
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 Millinery and Dress Trimming Braid
and Textile Industry, 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 recommenda-
tions and findings with respect thereto, and the Administrator hav-
ing found that the said code of fair competition complies in all
respects with the pertinent provisions of title I of the said act and
that the requirements of clauses (1) and (2) of subsection (a) of
section 3 of the said act have been met;
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, 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 it is hereby approved.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE,
October 31, 1933.
HUGH S. JOHNSON,
A dmin istrator.
SEPTEMBER 29, 1933.
The White House.
Sn: I have the honor to submit, and recommend for your approval,
the Code of Fair Competition for the Millinery and Dress Trim-
ming, Braid and Textile Industry. The code has been approved
by the Labor Advisory Board, the Consumers Advisory Board, and
the Industrial Advisory Board.
An analysis of the provisions of the code has been made by the
Administration, and a complete report is being transmitted to you.
I find that the code complies with the requirements of clauses 1
and 2, subsection (a) of section 3, of the National Industrial Re-
HuGH S. JOHNSON,
Ad mi istrator.
CODE OF FAIR COMPETITION FOR THE MILLINERY AND
DRESS TRIMMING, BRAID, AND TEXTILE INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of,
Fair Competition for the Millinery and Dress Trimming, Braid, and
Textile Industry, and shall be the standard of fair competition for
such industry, and shall be binding upon every member thereof.
(a) The term Millinery and Dress Trimming, Braid, and Tex-
tile Industry as used herein includes the manufacture and distri-
bution by manufacturers, of braids, narrow fabrics, banding, cloths,
or textile fabrics, made in major portion of unusual synthetic yarns
and not of wool, silk, cotton, or rayon (or similar yarn made from
acetate) for the use and consumption of the Millinery and Dress
Trimming trades, and such branches or subdivisions as may from
time to time be included under the provisions of this Code.
(b) The term "employee" as used herein includes any person
engaged in any branch of the Industry, in any capacity receiving
compensation for his services, irrespective of the nature or method of
payment of such compensation.
(c) The term employer as used herein includes anyone by whom
such employee is compensated or employed.
(d) The term member of the Industry includes anyone engaged
in the Industry as above defined, either as an employer or on his own
(e) The terms President '" "Act ", and "Administrator as used
herein shall mean, respectively, the President of the United States,
the National Industrial Recovery Act, and the Administrator of
(f) The term "Association shall mean the Millinery and Dress
Trimming, Braid, and Textile Association.
(g) The term "effective date" as used herein means the tenth
(10th) day after the approval of this Code by the President.
(a) No employee shall be paid at less than the rate of thirty-five
cents (350) per hour in New York City, nor at less than the rate of
thirty-two and a half cents (321.20) per hour elsewhere in the United
States of America.
(b) This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time rate, piecework or
(c) Individual earnings at present above the minimum shall not
be decreased, but rates of pay in excess of the minimum prescribed
in paragraph (a) of this Article shall be increased so as to preserve
the differences in earnings existing on July 1, 1933.
(d) Female employees performing substantially the same work
as male employees shall receive the same rates of pay as male em-
(a) No employee shall be permitted to work in excess of forty (40)
hours in any one (1) week, or eight (8) hours in any twenty-four
(24) hour period, except supervisors earning thirty dollars ($30.00)
a week or over, repair shop crews, engineers, firemen, shipping and
watching crews. The excepted employees, other than the supervisors,
working in excess of forty (40) hours shall receive time and a third
for all overtime.
(b) Pending action by the Code Authority under the terms of
Section 3 (e) of the National Industrial Recovery Act, a committee
shall be designated by the Code Authority to investigate the labor
reserve problems of the industry with a view to recommending a
means of meeting this problem.
(c) The foregoing provisions for maximum hours shall establish
the maximum hours of labor per week of every employee other than
those employees excepted therein, so that under no circumstances
shall an employee work or be permitted to work for any one or more
employers in the industry an aggregate in excess of the prescribed
number of hours in any single week.
ARTICLE IV-GENERAL LABOR PROVISIONS
(a) No person under sixteen (16) years of age shall be employed
in the industry.
(b) Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization, or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(c) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing.
(d) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
(e) Within a State this Code shall not supersede any laws of such
State imposing more stringent requirements regulating the ages of
employees, wages, hours of work, or health, fire, or general working
conditions than under this Code.
(f) Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
(g) Each employer shall post in conspicuous places on his premises
such copies of this Code or portions thereof as required by the Code
With a view to keeping the Administrator informed as to the
observance of this Code, and as to whether the industry is taking
appropriate steps to effect the purposes of Titli I of the National
Industrial Recovery Act, each member of the industry shall furnish
duly certified reports in substance as follows, and in such form as
may hereafter be provided and at such times as the Code Authority,
with the approval of the Administrator, may require.
(1) Wages and lHours of Labor.-Returns every four (4) weeks
showing actual hours worked by the various occupational groups of
employees and weekly earnings;
(2) Repo'rt. of Production, Sales, Stock, and Orders.-Returns
showing production in terms of commonly used units, i.e., gross
yards or pounds, or pieces; stock on hand, both sold and unsold,
in the same terms, and unfilled orders stated also in the same terms.
These returns are to be confined to staple construction of millinery
(3) The Association is constituted the agency for collecting such
reports, which shall be kept confidential by such Association, and
only made available as the Administrator may direct.
(4) In addition to the information required to 1)b submitteil to
the Association, there shall be furnished to government agencies such
statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act.
Further to effectuate the policies of the Act, a Code Authority is
hereby stituted to cooperate with the Administrator in the
administration of this Code.
(a) Orgalniation arnd con.sthuiton of the Code Authority.-(1)
The Code Authority shall consist of five (5) individuals or such
other number as may be provided from time to time by the Adminis-
trator, to be selected as hereinafter set forth. The Administrator, in
his discretion, may appoint not more than three (3) additional mem-
bers to represent himself or such interests or groups as he may deem
entitled to such representation.
(2) The five (5) members representing the industry shall be
selected by the members of the industry at a general meeting called
by the Association for the purpose, under regulations approved by
(3) In order that the Code Authority shall at all times be truly
representative of the industry, the Administrator shall provide such
hearings as he may deem proper and may at any time change or
modify the method of selection, the groups making such selection,
and the membership of the Code Authority.
(4) Any trade or industrial association participating in the selec-
tion of activities of the Code Authority shall: "I
(a) Impose no inequitable restrictions on membership, and all
members shall be entitled on equitable terms and conditions to
become members thereof; and
(b) Submit to the Administrator true copies of its articles /
of association, bylaws, regulations, and any amendments when
made there t, together with such other information as to mem-
bership, organization, and activities as the Administrator may
require, and shall comply with such orders as the Administrator
may make in respect thereto to effect the purposes of this Act.
(5) Any member of the industry subject to this Code may
participate in the selection of the Code Authority and in the benefits .
of its activities by assenting to and complying with the provisions
of the Code and sustaining a reasonable share of the expenses of
administration. Such reasonable share shall be determined by the
Code Authority, subject to review by the Administrator, on the
basis of volume of business and,'or such other factors as may be
deemed equitable to be taken into consideration.
(b) The Code Authority shall have the following duties and a
powers to the extent permitted by this Act and subject. to review by "i
(1) It shall assist in the arbitration of disputes between members
of the industry;
(2) It shall bring notices of violations to the proper authorities: .
(3) It shall secure current information concerning the competition
in domestic markets of imported braids, bandings, cloths, hat bodies,
narrow fabrics for use and consumption by the Millinery and Dress
Trimming trades, and if it is found that such products are being
imported into the United States in substantial quantities or in-
creased ratio "to domestic production, and on such terms or on such
conditions as to render ineffective or seriously to endanger the main-
tenance of this Code, it shall complain to the President, pursuant
to the provisions of Section 3 (e) of the National Industrial Recov-
cry Act, and petition for suitable restrictions on the importation ..
of such production.
(4) It shall compute the lowest reasonable cost of production of
products in the industry, which shall be determined as follows:
It shall, from time to time, but not less than once each year,
through certified public accountants, approved by the Adminis-
trator, compute the lowest reasonable cost of production on a
fair basis. When this lowest reasonable cost has been approved
by the Administrator, it shall be proclaimed by the Code i
Authority and shall be binding upon all members of the
(5) It shall, with the approval of the Administrator, establish a
procedure for the registration of style patterns and thereafter the
copying and offering for sale of any style pattern or any style
design originated by another manufacturer, within six (6) months
of the date of the registry of such style pattern or style design with
the Association by such manufacturer, with the effect of injuring
the industry or customers or consumers, shall be an unfair trade
practice and hereby prohibited.
(a) Sales Below Cost.-(1) No member of the industry shall sell
t or distribute braids, landings, cloths, hat bodies, or narrow fabrics,
of his manufacture, for use and consumption by the Millinery and.
Dress Trimming trades (except distress merchandise, out of style
numbers and,'or overstocks, which are hereinafter provided for), at
a price below the lowest reasonable cost of such product commer-
cially made under this Code. The lowest reasonable cost shall be
determined as provided in Article VI (b), Section 5.
(2) In order to provide for the orderly disposition of distress
merchandise, out of style numbers, and or overstoc-ks, such merchan-
dise shall be reported to the Code Authority with such information.
as the Code Authority may require. Subject to review by the Ad-
ministrator, the Code Authority shall recommend as speedily as
practicable the methods and conditions of disposal with a view to
the best interest- of the manufacturer, the industry, and the public.
(b) Any one who manufactures any of the products included
within the induLstry, as defined in Article I, shall be bound by this
Code to the extent of his production of such articles.
This Code and all the provisions thereof are expressly made subject
to the right of the President, in accordance with the provisions of
Section 10 (b) of the National Industrial Recovery Act, from time
to time to cancel or modify any order, approval, license, rule, or
regulation issued under Title I of said Act and specifically, but
without limitation, to the right of the President to cancel or modify
his approval of this Code or any conditions imposed by him upon
his approval thereof.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrini-
inate against small enterprises.
ARTICLE X-PRICE INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases should be delayed and that when made the same should so
far as reasonably possible be limited to actual increases in the sellers'
ARTICLE XI-EFFECTIVE DATE
This Code shall become effective on the tenth (10th) day after its
approval by the President.
Digitized by the Inlernet Archive
in 2011 With lunding from
University ol Florida. George A. Smathers Libraries wilh support from LYRASIS and the Sloan Foundation
http://wwwv.archive.org details codeollaircompei75l05uniI