Amendment to Code of fair competition for the umbrella manufacturing industry

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Material Information

Title:
Amendment to Code of fair competition for the umbrella manufacturing industry as approved on July 27, 1934
Physical Description:
7 p. : ; 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:
Umbrella industry -- 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:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1661-1-01."
General Note:
"Approved Code No. 51--Amendment No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004929435
oclc - 642679271
System ID:
AA00007740:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

UMBRELLA MANUFACTURING

INDUSTRY


AS APPROVED ON JULY 27, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


Far ale by the Superintendent of Documents, Washington, D.C. Price 5 cents


Approved Code No. 51-Amendment No. 2


Registry No. 1661-1-01
























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Approved Code No. 51-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

UMBRELLA MANUFACTURING INDUSTRY

As Approved on July 27, 1934


ORDER

APPROVING AMENDMENTS TO CODE OF FAIR COMPETITION FOR THE
UMBRELLA MiANUFACTURING 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 approval of Amendments
to the Code of Fair Competition for the Umbrella Manufacturing
Industry, and hearings having been duly held thereon and the an-
nexed report on said Amendments, containing findings with respect
thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate, by reference, said annexed
report and do find that said Amendments and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said Amendments be and they
are hereby approved, and that the previous approval of said Code
is hereby modified to include an approval of said Code in its entirety
as amended.
It is further ordered that wherever in said Code or Amendments
to said Code the words Planning and Fair Practice Agency are
used, the words "Code Authority shall be substituted therefore.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
GEO. L. BERRY,
Division Admzinistrator.
WASHINGTON, D.C.,
July 27, 1934.
76481--829-145--34 (1




Ai









REPORT TO THE PRESIDENT
The PRESIDENT,
The WJhite House.
SIn: The public hearing on the Amendments to the Code of Fair
Competition for the Umbrella Manufacturing Industry of the United
States, submitted by the Planning and Fair Practice Agency for
said Industry, located at 347 Fifth Avenue, New York, was con-
ducted in Washington on June 14, 1934, in accordance with the
provisions of the National Industrial Recovery Act.
Provisions are incorporated in these Amendments which will tend
to improve the working conditions of the employees within this
Industry. There are also submitted herewith Amendments which
will allow the Administrator additional control over the actions of
the Code Authority for this Industry. Other Amendments deal
with fair trade practices, some of which are a re-statement of those
already in the Code while others are- new to the Industry. It is
felt that the adoption of these additional fair trade practices by
the Industry will encourage fair competition within that Industry.
The Amendment submitted by the Industry, which has to do with.
the authority of the Administrator to determine an emergency, is
of utmost importance and necessity to this Industry. It was clearly
shown at the public hearing on the proposed Amendments that one
unit in the Industry could meet the entire consumer demand for
the products of this Industry whereas there are seventy-seven (77)
members of the Industry engaged in the manufacture of umbrellas.
The Deputy Administrator in his final report to me on said
Amendments to said Code having found as herein set forth and on
the basis of all the proceedings in this matter:
I find that:
(a) The Amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of iabor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation









sub-section (a) of Section 3, sub-section (a) of Section 7 and sub-
section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said Amendments on behalf of the industry as a whole.
(d) The Amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The Amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Amendments.
This Industry has cooperated in a most satisfactory manner with
the Administration in the preparation of these Amendments to this
Code. From the evidence adduced during this hearing and from
recommendations and reports from the various Advisory Boards, it
is believed that these Amendments as now proposed and revised
represent an effective, practical, equitable solution for this Industry
and for these reasons have been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JULY 27, 1934.














AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE UMBRELLA MANUFACTURING INDUSTRY

ARTICLE III-HouRS

Add as additional Section:
3. No employer shall knowingly permit any employee to work
for any time which, when added to the time spent at work for an-
other employer or employers in this industry, exceeds the maximum
permitted herein.
ArrICLE IV-W-AGES

Delete present Section 3 and insert in lieu thereof:
3. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages for such hours as shall be stated in the certificate. Each
employer shall file monthly with the Planning and Fair Practice
Agency a list of all such persons employed by him, showing the
wages paid to, and the maximum hours of work for such employees.
Add as additional Sections:
6. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
7. No employer shall reclassify employees or duties of occupations
performed or engage in any other subterfuge so as to defeat the
purposes or provisions of the Act or of this Code.
8. Every employer shall provide for the safety and health of em-
ployees during the hours and at the places of their employment.
Standards for safety and health shall be submitted to the Adminis-
trator within three months after the effective date of this Amend-
ment.
ARTICLE V-CHILD LABOR

Delete present article and insert in lieu thereof:
No person under sixteen (16) years of age shall be employed in
the Industry. No person under eighteen (18) years of age shall be
employed in the industry at operations or occupations hazardous in
nature or detrimental to health. The Planning and Fair Practice
Agency shall submit to the Administrator for his approval within
sixty (60) days after the effective date of this Amendment a list of
such occupations. In any State any employer shall be deemed to
have complied with this provi-ion as to age if he shall have on file a
certificate or permit, duly signed by the Authority in such State
empowered to issue employment or age certificates or permits show-
ing that the employee is of the required age.









ARTICLE VII-ADMIINISTRATION

Add as additional Sections:
6. If the Administrator shall at any time determine that any
action of the Planning and Fair Practice Agency 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 investigation of the merits of such action
and further consideration by such Planning and Fair Practice
Agency or agency pending final action which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
prove after thirty (30) days' notice to him of intention to proceed
with such action in its original or modified form.
7. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Planning and Fair
Practice Agency shall (1) impose no inequitable restrictions on
membership, and (2) submit to the Administrator true copies of its
articles of association, by-laws, regulations, and any amendments
when made thereto, together with such other information as to mem-
bership, organization, and activities as the Administrator may deem
necessary to effectuate the purpose of the Act.
8. In order that the Planning and Fair Practice Agency shall at
all times be truly representative of the Industry and in other re-
spects comply with the provisions of the Act, the Administrator may
prescribe such hearings as he may deem proper and thereafter if he
shall find that the Planning and Fair Practice Agency is not truly
representative or does not in other respects comply with the provi-
sions of the Act, may require an appropriate modification of the
Planning and Fair Practice Agency.
9. Nothing contained in this Code shall constitute the members of
the Planning and Fair Practice Agency partners for any purpose.
Nor shall any member of the Planning and Fair Practice Agency be
liable in any manner to anyone for any act. of any other member,
officer, agent or employee of the Planning and Fair Practice Agency.
Nor shall any member of the Planning and Fair Practice Agency,
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 own wilful malfeasance or non-feasance.
10. (a) If the Administrator, after investigation shall at any time
find both (1) that an emergency has arisen within the industry ad-
versely affecting small enterprises or wages or labor conditions, or
tending toward monopoly or other acute conditions which tend to
defeat the purposes of the Act; and (2) that the determination of
the stated minimum price for a specified product within the industry
for a limited period is necessary to mitigate the conditions consti-
tuting such emergency and to effectuate the purposes of the Act, the
Planning and Fair Practice Agency may cause an impartial agency
to investigate costs and to recommend to the Administrator a deter-
mination of the stated minimum price of the product affected by the
emergency and thereupon the Administrator may proceed to deter-
mine such stated minimum price.
(b) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which









price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National In-
dustrial Recovery Act, he shall publish such price. Thereafter, dur-
ing such stated period, no member of the industry shall sell such
specified products at. a net realized price below said stated minimum
price and any such sale shall be deemed destructive price cutting.
From time to time, the Planning and Fair Practice Agency may
recommend review or reconsideration or the Administrator may
cause any determinations hereunder to be reviewed or reconsidered
and appropriate action taken.

ARTICLE VIII-PRICES AND TEnTIs OF PAYmTENT

SECTION 1. Delete period at end of first sentence and add:
provided., however, that any member of this industry may sell his
products below his cost in order to meet bonn fide competition of com-
parable products in any specific instance, provided the competitive
price does not. violate provisions of the Code.
SECTION 2. Delete period at end of Section and add:
provided, however, that any member of this Industry may sell his
products below his cost in order to meet bona fide competition of
comparable products in any specific instance.

ARTICLE IX-UNFAIR METHODS OF COMPETITION

Delete present 1 (a) and insert in lieu thereof:
1. (a) No member of the industry shall secretly offer or make any
payment of allowance or a rebate, refund, commission, credit, un-
earned discount or excess allowance, whether in the form of money
or otherwise, nor shall a member of the industry secretly offer or
extend to any customer any special service or privilege not extended
to all customers of the same class, for the purpose of influencing a
sale.
Add as additional sub-sections:-
(p)) No member of the Industry shall publish advertising (whether
printed, radio, display, or of any other nature), which is mislead-
ing or inaccurate in any material particular, nor shall any member
in any way misrepresent any goods (including but. without limita-
tion its use, trade-mark, grade, quality, quantity, origin, size, sub-
stance, character, nature, finish, material content or preparation) or
credit terms, values, policies, services, or the nature or form -of the
business conducted.
(q) No member of the Industry shall knowingly withhold from
or insert in any quotation or invoice any statement that makes it
inaccurate in any material particular.
(r) No member of the Industry shall publish or circulate un-
justified or unwarranted threats of legal proceedings which tend to
or have the effect of harassing competitors or intimidating their
customers.
(s) No member of the Industry shall require that the purchase or
lease of any goods be a prerequisite to the purchase or lease of any
other goods.









ARTICLE X-GENERAL

Delete present 8 and insert in lieu thereof:
8. The Planning and Fair Practice Agency shall have the power
to obtain from members of the Industry such information and re-
ports as are required for the administration of the Code. In addi-
tion to information required to be submitted to the Planning and
Fair Practice Agency members of the Industry subject to this Code
shall furnish such statistical information as the Administrator may
deem necessary for the purposes recited in Section 3 (a) of the Act
to such Federal and State agencies as lie may designate; provided
that nothing in this Code shall relieve any member of the Industry
of any existing obligations to furnish reports to any Government
agency. No individual report shall be disclosed to any other mem-
ber of the Industry or any other party except to such other Govern-
mental agencies as may be directed by the Administrator.
Add as additional Section:
10. All employers shall post and keep posted copies of this Code
and all amendments thereto in conspicuous places accessible to all
employees. Every member of the Industry shall comply with all
rules and regulations relative to the posting of provisions of Codes
of Fair Competition which may from time to time be prescribed by
the Administrator.
Approved Cjile No. 51-Amendment No. 2.
Registry No. 1661-1-01.





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