Code of fair competition for the sewing machine industry as approved on April 21, 1934

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Material Information

Title:
Code of fair competition for the sewing machine industry as approved on April 21, 1934
Portion of title:
Sewing machine industry
Physical Description:
p. 408-422 : ; 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:
Sewing-machine industry -- Law and legislation -- 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. 1399-1-12."
General Note:
"Approved Code No. 402."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004922056
oclc - 639949830
System ID:
AA00007744:00001

Full Text



Registry No. 1899--1--12


NATIONAL RECOVERY ADMINISTRATION


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FOR THE


~ISEWVING MACHINE INDUSTRY



AS APPROVED ON APRIL 21, 1984


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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CODE OF FAIR COMbPETITION












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This publication is for sale by the Superintendent of Documents, Government
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.. 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mlass.: 1801 Customhouse.
Buffaslo, 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 Comnmerce.
Dallas, Tex.: Chamber of Commerce Bulilding.
Detroit, Mlich: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianspolis, Ind.: Chamber of Comnmerce Building.
Jacksonville, Fla.: Chamber of commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los A~ngeles, Calif.: 1163 South Broadwany.
Louisville, Ky.: 408 Federal Building.
MeImphiis, Tenn.: 229 Federal Building.
M~inneapolis, Mfinn.: 213 Federal Building.
New Orleans, La.: Room 225C-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.; 406 East, Plulme Street.
Philadelphia, Pa.: 422 Commnercial Trust Building.
Pittsburgh, Pa.1 Charther of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle. Wash.: 809 Federal Office Building.





Approved Code No. 402

CODE OF FAIR COMPETITION
FOR THE

SEWING MACHINE INDUSTRY

As Approved on April 21, 1934


ORDER

APPROVING CODE OF IFAIR COMPETITION FOR THE SEWING nZACHINE
INDUSTRY

An application having been duly made pursuant to and inl full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Sewing M~achine Industry, and hearings
having been duly held thereon and the annexed report on aid Codle,
containing findings with respect thereto, having be~en made andl
directed to the President:
NOW, THEREFORE, on behalf of the Preside~nt o~f the Unite~d
States, I, Hugh S. Johnson. Administrator for Indusitrial Recove~ry,
pursuant to authority rested in mne by Executive O1crders of the
President, including Executive Order No. 6543-A~, datedl Decemiber
30, 1933, and otherwise; do hereby incorporante by reference said
annexed report and do find that said C~ode complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Aict; and do hereby or~der that .said C'ode
of Fair Competition be and it is hereby approved;3 provided, hiow-
ever, that the continued participation of the Sewing M~achine Trande
Association and the Mutual Sewing M~achine Dealers and Mechanics
Cooperative, Incorpor~ated, in the: Code Authority after 30 dalys
fr~om the effective date of this Code shall be contingent upon their
amending their Constitution and By-lawFs to the satisfaction of the
Administrator.
HUGH S. JoHNSON,
Admsin2istratoro, for Ipndusfr~iall RecoLveriy.
Approval recommended:
A. R. GLANCY,
Di~visi'on Admn~inistrator.
WASlNCTONo, D.C.,


54891"-4-82-130-----34


(4(7)g













The PRESIDENT,
The W~hite House.
SmR: This is a report on the Codle of Fair C~ompet~ition for the
Sewing Machine Industryv in the United States as: revised after a
Public Hearing conducted thereon in Washington, D.C., on Thurs-
day, January 4, 1934, in accordance withl thle provisions of the
National Industrial Recovery Act.. This is a vertical code, contain-
ing provisions covering mnanufacturmng and retailing.
PROVISIONS OF THIE CODE AS TO WAGES AN'D HOURS FOR THE MANUSFACTUR-
INrG COMPANIES

The Clode provides for a 40-hour andc 6-day week with at normal
working day of 8 hours. There are certain exceptions to these hours ~
and provision is also mnade that employees mlay work overtime, but
that overtime shall not exceed 8 hours in any one week or 48 hours
in any 26-week period, providing t~imne and one-half is paid for all
time worked in excess of allowable hours.
The minimum r~te! of pay' is 400 per hour for males and females,
except that when females are performing light and repetitive opera-
tions they mnay be paid not less than 350 per houlr.
No one under 16 years of age may be emnployedl, and no one under
18 years of age in operations or occupations hazardous in nature or
dangerous to health.
Office and clerical employees are to receive a minimum of $15.00
per week, except that office boys and girls may be paid 80% of this
minimum, but. shall be limited to 5%0 of the total number of
employees.
Equitable adjulstmlentns in wage rates over the minimum are
provided for.
PROVISIONS OF THE: CODE AS TO WAGES AND HOURS FOR RETAIL 10BTABcLISH
MENTS

Hour and wage provisions conform to provisions of the Retail
Code.,
GENERAL. STATEMENT AND ECONOMIC E:FFEC'T OF THE CODE

The Sewing Machine Industr~y in the United States represerits
persons, firms, and corporations engaged in the manufacture and re-
pair and rebuilding of sewing machines and cabinets, stands, tables
(including power tables), motors, parts, needles, attachments, and
aces~sories for serving machines, and the selling, installing, dis-
mantling: servicing, and distributing thereof at wholesale or retail.
It embodies tw~o main groups, thme manufacturers and the rebuilders.
The Code was submitted by the Sewing Machine Trade Associa- i
tion, representing substantially 100C: of those engaged in the manu-
(408)


REPORT TO THE PRESIDENT






409

facture of sewing machines and more than 80%o of the wholesale and
retail distribution, and by the Rebuilders' Division of the Sewing
Machine Industry, estimated to represent at least 80%0 of the Re-
builders.
The "L Manufacturers ?' consist of eighteen plants. Trhe investment
in these plants is approximately $200,000,000, and the number of
wage earners in normal times about 15,000 persons, with an estimated
annual payroll of $21,000,000. No similar information concerning
the Rebuilders "' is available.
Pertinent data on employment, wages, and hours as submitted by
the "L Manufacturers mlay be summarized as follows:

A average Av~erage Average
number of wage per hours per
wage earners hour week

Year 1927.~.._.....-... ..~.~...~...~......~.~.........~.......... 15, 021 30. 624 44.0a
Year 18920~.-.......... ~~.~............ ............~.......... 15, 577 .635 45. 4
Year 1932..~............ -----~..~.. ...~~~...................... 10,340 .652 30. 7
6 months to June 30, 1933~.~~~~.. ...~.....~.-. ............... 9, 665 620 28. 7
Week ending Oct. 7, 1933..................................._.. 10,783 .629 36.71
Week ending Dec.9, 1933. ................... ....~.....~....... 11,000 .631 37. 5

The maximumi hours proposed in the Code are 11.9% below t~he
average hours worked per week in 1929. Since the adoption of 40
hours as the standard work week, employment has increased 15%0.
No further increase mnay be reasonably expected unless the volumle
of production increases. The mechanicall skill required of a large
percentage of the employees is reflected in the high average hourly
rate of pay which has prevailed throughout the depression for fac-
tory wage earners. A very small proportion of these employees
would be benefited by the p~roposedl minimum wage, but will gain
through the equitable adjustment clause for wages above the
iulnimum.
The Code Authority shall be the general agent for the administra-
tion of this Code and shall consist of nine members, six of whomn are
to be chosen by and fr~om among members of the Sewing Machine
Trade Association; t~wo of whom shall be chosen by and from among
members of the Divisional Code Authority established for the purposse
of administering this Code within the Rebuilders' Division; and one
of whom shall be chosen by and from among thle members of t~he
Industry who are not members of the Sewing Machine Trade Asso-
ciation and not members of the Rebuilders' Division of the Sewfing
Machine Industry. The Administrator has the authority to appoint
not to exceed three non-voting members of the Code Aut~horit~y who
shall also be members of each Divisional Code Authorityv.
The Code Authority provides machinery for obtaining statistics
and the administration of this Clode.

FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter :
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including






410


removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dunt~ry for t~he purnpos of coonpeativeP a~t~ion among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elirninati
ing unfair competitive practices, by promoting the fullest possible
utilization of t~he present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agri-
cuiltuiral producllts through increasing pulrchasin power, by reducing
and relievi ng unem ploymenit, by imnprovmi g standards of labor, and
by otherwise;~ rehabilitating industry.
('b) Said Industryr normnally employs not more than 50,000 em-
ploy'ees; and is not classified by me as a major industry.
(c) The Code as approved compylies in all respects with the per-
tinent provisions of said Title of said Act, includling without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; andl that the applicant group
is an industrial group truly r~epr~esentative of the aforesaid Indus-
try; and that said group imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and~ will not permit monopolies
or mionopolistic practice.
(e) The Code is not designed to andi will not. eliminate or oppress
small ente~pr~ises and wvill not operate t~o d~i~scrimninate against them.
(f) Those engraged in other steps of the economic process have
not been dleprivedl of thle right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved thlis C~ode; pro-
vided, hlowever, that the continued participation of the Sewing
Machine Trade Associationl and the Miutual Sewving M~achine Dealers
and Mfechanics Cooperativ-e, Incorporated in the Code Authzority
after 30 days from the effective date of this Code shall be contingent
upon their amending their Constitu~tion and By-lawsi to the satisfac-
tion of the Adlministrator.
Respectfully,
Hoon S. JoHNson,
Ad m ini~tra~tao~r.
APaRIL 21, 1984.













CODE OF FAIR COMPETITION FOR THE SEWING
MACHINE INDUSTRY

ARTICLE I -FURPOSES

To effectuate the policies of Title 1 of the National Industrial Re-
covery Act, the following provisions are established as a. Code of
Fair Competition for the Sewing Machine~ Industry, and shall be
the standard of fair competition for the industry and shall be bind-
ing upon every member thereof.
ARTICLE II-DEFINITIONS

1. The term "L Sewing MCachine Industry "?, as used herein, is de-
fined to mean the manufacture and the repair and rebuilding of
Sewina Mlachines and Cabinets, Stands, Tables (including Power
Tables), Motors, Parts, Needl'es, Attachments and Accessor~ies for
~Sewing M/achines, and the selling, installing, dismantling, servicing
and distributing thereof at wholesale or retail.
2. The term "employee ", as used herein, is defined to mean any
person engaged in any phase of the industry in any capacity, irre-
spective of the method of payment of his compensation, except a
member of the industry.
3. The terml employer ", as used herein, is defined to mean any-
one by whom such an employee is so employed.
4. The term "' members of the industry ", as used herein includes,
but without limitation, anly individual, partnership, association, cor-
poration, or other form of enterprise engaged in the industry, either
as an employer or on his or its own behalf.
5. The term "L persons "), as used herein, is defined to mean natural
persons, partnerships, associations and cor~porations.
6. The term outside sal'esmen ", as used herein, shall mean n sales-
man who is engaged not less than sixuty (60) percent of his working
hours outside the establishment, or any branch thereof, by which he
is employed.
7. The term "' outside collector ", as used herein, shall mean a col-
lector of accounts who is engaged not less than sixty (60) percent
of his working hours outside the establishments, or any branch
thereof, by which he is employed.
8. The term outside buyer ", as used herein, shall mean anyone
wiho is engaged in buying and who is engaged not less than sixty (60)
percent of his working hours outside the establishment, or any branch
thereof, by which he is employed.
9. The term "' imitation parts and "L imitation attachments ", as
used herein, is defined to mean parts or attachments not made or
authorized by the manufacturer of the sewing machine for whlich
they are made or designed, and~ which have been made or designed
(4111)





412


for use in substitution for likre parts or attachments made or author-
izedl byr the original manufacturer of the sewing machine.
10. The term technical capacity "', as used herein, is defined to
mean design, experimlentation, research, development and manatge-
ment w~ork in whlic~h professional engineers and expert technicians
are engaged.
11. The terml .' Division of the industry ", as used herein, is defined
to mean and include a.ny part of the industry which is or mnay be
defined and established in a schedule of this Code.
12. The population for the purposes of this Code shall be deter-
minedl by referring to the 1930 Federal census.
13. The terml junior employee ", as used herein, shall mean an
em ployee under eight.een (18) years of agae? other than apprentices.
14. The termi Suth "', as used herein, shall mean VTirginia, West
Virginia, 111aryland, North Carolina, South Carolina, Geor~gia,
Florida, Kentu~cky~, Tennessee, Alabama, DIlississippi, Arkansas,
Louisiana, Oklahoma, New Mlexico, Texas, andl the District of
Columbia.
AlRTIC'LE III-Hoons
1. No employee shall be permitted to work in excess of forty (40)
houirs in any' one week, or ei~ght. (8) hours inl any twventy-four (241)
hour period, except as herein otherwise provided.
2. A tolerance of ten (10) percent above the daily and weekly
miaximum hours may be allowed for firemen and engineers.
3. Watchmen shall not. be permitted to work in excess of forty-
eight. (48) hours per week.
41. Notwithstanding any other pr~roision of t~his Ar~ticle,_ employees
in retail stores and service stations, including clerical employees for
such stores, wshether or not they are on the same premises, may be
mprloye\d not to exceed- foltrty-igrht (48) h1ourIs per week at Ch'rist-
muas, inventory and anyi~ other peak times for a total not to exceed
two weeks in the first. six (6j) mlonlths of the calendar year, and not
to exceed three (3) weeks in the second six mnonthis, and any employee
in a. retail store, the principal trade in which is in merchandise other
than the products of this indlustry, may be permnitt~ed t.o work in
excess of the mlaxinlun hours specified in this Article if such excess
is permnittedl by provisions of the Greneral Clode of Fair Competition
for the retail trade or suchl other code for~ a division of the retail
trade as Sulch store may be olperatincr under. Executives in retail
operations of the Inldusjtry receiving 935 or more per week in cities
of over 500,000 population, or receiving $30 or moere per week in
cities of 100,000 to 500,000 population, or receiving $27.50 or more
per week in cities of 25,000 to 100,000 population, or receiving $25i
or mnor~e per week- in cities, townis, v-illagaes and other places under
25~,000 population, shall not be subject to any hourly limitation. In
the Soulth, Executives paid not less than ten (10) percent below the
wages juist specified~ shall not. be subject to any hourly limitation.
5. The provisions of this Article limiting hours of work shall not
aDpply to outside salesmen, outside sales promotion employees, outside
buyers, outside collectors, outside service mien and travelling auditors.
6. The provisions~ of thiis Article limiting hours of work shall not
apply to persons emnployed in an executive, managerial, technical or
supervisory enpacity who ear~n niot less ti~ran995. per week.







413

7. Delivery men may be permitted t~o workE not more than forty-
four (44) hours per week averaged over a period of three weeks, but
mn no case shall the hours exceed fifty-four (54) in any one wseek.
8. The maximum hours fixed in this Article shall not apply to any
employee on emergency maintenance or emergency repair work in-
volving breakdowns or protection of life or property, but in any such
special case, at least one and one-half (11/2~) times his normal rate
shall be paid for hours worked in excess of the maximum herein
provided.
9. The maximum hours fixed in this Article shall also not apply if
at least one and one-half (11/2) times the normal rate shall be paid
for hours worked in excess of the hours specified in this Article, but
such overtime shall not exceed for any emnployee eight (8) hours in
any one week, nor forty-eight (48) hours in any twenty-six (26)
week period begin~ninga January 1st or July 1st.
10. No employee shall be permitted to work more than six (6)
days in any seven (7) day period.
11. No employer shall permit any employee to work for any time
which, when totaled with that already performed for another em-
ployer or employers exceeds the maximum permitted herein.
12.e Enmpoersnia wo perstonall perform manual work or are en-
gage inmecanial pertios sall not exceed the prescribed maxw-
unum number of hours.
ARTICLE IV -WAGES
1. No employee shall be paid less than the rate of forty (40) cents
per hour, except as herein otherwise provided.
2. No employee engaged in clerical or office work shall be paid
less than the rate of Fifteen ($15.) dollars per w~eek,priddta
learners, for a period of not over sixty (60) days, anOfcebs
and girls may be pa.id not less than 80% o such minimum wage,
but the total number of Offce boys or girls and learners receiving
less than the minimum wage in anyl calendar month, shall not exceed
5%~ of the total employees of such employer in this class, or two
employees, whichever is higher.
3. Female employees engaged in light and repetitive operations
may be paid not less than thirty-five (35) cents per hour, provided,
however, that periodical reports of such light and repetitive opera-
tions are made to the Code Authority.
4. Female employees engaged in production of products of thie
Industry performing substantially the same work as male employees,
shall receive the same rate of pay as male employees.
5. This Article establishes a minimum compensation, irrespective
of! whether an employee is actually compensated on a time rate,
piece work or other basis.
6. An equitable adjustment shall be made within sixty (60) days
aftei- the effective date of this Code to the extent practicable in the
wage rates of all factory and office employees now compensated at
a rate in excess of the minimum but receiving less than thirty-five
($35.00) dollars for a. full week's work, by any employers who h~ave
not heretofore made such adjustment, or who have not. maintained
rates comparable with such equitable adljustmnents. The first report
54391 --- 82-13 8 -34 2







414


to t.he Code Authlorityg on wages shall show the adjustments made
subsequent to M~ay 1, 1933.
'7. Ai person whose earning capacity is limited because of ae
physical or mental handicap, or other infirmity, may be employed
on light wvork; at a wage below the muinimnum established by a code,
if the employer obtains from the State authorityT, designated by the
U.S. Department of Labor, a certificate authorizing such person's
employment at. such~ wages and for such hours as shall be stated in
the certifiente. Such authority shall be guided by the instructions
of the U.S. Department of Labor in issuing certificates to such per-
sons. Each employer shall file monthly with the Code Autho~rity a
list of all such persons emuployedl by him, showing the wages paid to,
and the maximum hours of work f~or such employee.
8. Thle minimnuml wrekly rate of wages that. shall be paid to any
em ployee in a retail store or service st.ation (including clerical em-
ployees for suchl stores, whether or not they are on the same
prenuises') shall be as follows:
a. Within cities of 500),000 population or over-at the rate of not
less than $14.00 per weetk;
b. Within cities from 100,000 to 500,000 population-at the rate of
not less tha~n $13.00 per week;
e. Within cities fr~om 25,000 to 1.00,000) population-at the rate of
not. less than $12.00) per week;
d. Within cities, towns, and villages from 2,1500 to 25,000 popula-
tion-at. the rate of not. less than $11.00 per week;
e. WVith~in towns and villages and other places with less than 2,500
population-at the rate of not less than $10.00) per week;
f. Junior em~ploy'ees may be paid for the first six months of their
emnployment at the rate of $2.00 less per weekz than the minimum
wage otherwise applicable; learners miay be paid, for a period of
not over sixty (60) daysvv at the rate o~f $1.00 less per week than
the miinimm wage othlerwTis applicable; it is provided, however,
that t.he number of empyloyees classified as junior employees and
learners~, combined. shall not exceed a. ratio of one such employee to
every fiv'e employees or fraction thereof tip to twenty, and one such
employee to every ten employees above twenty.
g. In the South all minimum wages specified in the foregoing
sections of Art~icle IV-8 may be at the r~ate of $1.00 less per week.
hI. The full-time weekly wages of all classes of employees receiv-
ing m'ore than the minimumn wages referred to above shall not be
reduced from the full-time weekly wages existing upon July 15,
1933, notwithstandingr any reduction in the number of working hours
of such emnployeess to conformn with the provisions of this Code.
9. Co-mmiission salespeople and collectors, including salespeople
and collectors who receive a base salary or guaranteed compensa-
tion, but. whose principal earnings are intended to be paid on com-
mission basis, shall be excepted from the minimum wage provisions
of this Article.
10. Par~t-time employees shall be paid not less t.han at an hourly
rate proportionate to the rate specified in the applicable foregomng
sections of this Article IV.





415

.- -. -AzrnricL V- ~ENERAL LABJOP 1ROVISIONSB

1. ~No person under sixteen (16) years of age shall be employed in
the industryJ.. No person under eighteen (18) years of a.ge shall be
employed inl operations or occupations which are hazardous in nature
or Tdhiigerous to health. The Code Authority shall submit to the
Administrator within ninety (90) days after the effect.ive date of
this Code, a! list of such operations or occupations. In any State
an employer shall be deemed to have compiled with this provision
as to age if h-e shall have onl file a certifleate or permit duly signed
by the Authority in such State empoweredi to issue employment or
age. certificates or permits showing that, the employee Is of the
required age.
2. Pursuant to Section 7 (a) of the Act it is provided:
(1) "L That employees shall have the right to organize and bargain
collectively through representative of their own choosing, a~nd 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;
(2) "L That no employee and nio one seeking employment shall be
required as a condition of employment to join any company union,
or to reframn from joining, organizing, or assisting a labor organiza-
tion orf his own choosing; and.
(3) That employers shall comply with the maximumn hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the Presidenlt."
3. Apprentices shall be regularly indentured for a sufficient period
of time ton be systpematically advancedr through the various operations
in any one of the various trades or occupations. Such apprentices
shall not exceed the ratio of one (1) apprentice to ten (10) com-
petently skilled journeymen emlploySees, and~ shall be paid for a period
not. exppcdngr six (6) months a starting rate not less than 8051 of the
minimum hourly rate of pay prescribed in this Code.
4. No employer shall reclassify employees or duties of occupations
performed or engage In any oter subhterfuge for t.he purpose of
defeating t~he purpose or provisions of the Act or of this Code.
5. No provisions in this Code shall supersede any State or Fedleral
law, which imposes more stringent requirements on employers as to
age of employees, wages, hours of work, or as to salfety, health,
sanitary or ge~nerl working condi~tions, or insurance~ or fire protec-
tion, than are imposed by this Ciode.
6. Notwithstanding any other provision of this Code, all wFhole-
slalers (als defined inI the C'ode of F'air Compet~ition for the Whole~sal-
ing or Distributing Tirade) in this trade shall comply with all of the
provisions contained in Articles II[I, IV, and Y of the Code of Fair
Competition for the WClholesaling or Distributing Trade as approved
on January 18, 1934.
ARTICLE VI I--ADMINISTRATION
1. The Codle Authority is hereby established for the administra-
tion of this Clode and shall consist of nine members, six of whomu
r see paragraph 2 of order approving this Code.







416 :

are to be chosen by and from among members of the Sewing Machine
Trade Anssoc~iation, and t~wo of whom are to be chosen by and from
amlong members of t~he Divisional Clode Authority established under
Schedule "A"~ of this Code, and one of whom may be chosen by and
from among the members of the industry who are not members of
the Sewing Machine Trade Association and not members of the
division of the industry established under said Schedule "'A". The
term of office of mlemlbers of the Code Authority shall be one year
or until their successors are chosen, thle annual date for expiration
of such t~ermus to be fixed by the Code Authority. If the non-mem-
bers do not elect the member of the Code Authority above provided
for writ~hin two months of the effective date of this Code or fail,
within a similar time, to elect a successor on the expiration of a
termn, or to fill any vacancy, he shall be appointed by the remaining
members of the Code Authority. The Administrator may also, if
he so elects, appoint not to exceed three non-voting members of the
Code Authority who shall also be members of each Divisional Code
Authority.
2. Eachi division of the Industry may establish a Divisional Code
Authority to admninister this Code within such Division subject to
the: r~iht of the Code Authority, on review, to disapprove any action
taken by a Divisional Code Authority.
3. In order that. t~he Clode Aut~hority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act! the Admlinistrator may provide such hearings
as he ma~y deemi proper ; and thereafter if he shall 6nd that the Code
Authiorit~y is not truly representative or does not in other respects
comply with the provisions of the Act, miay require an appropriate
modification in the method of selection of the Code Authority. The
provisions of this paragiraph also shall be applicable to any Divi-
sionial Code Authority.
4. Members of the Industry who are complying with the require-
ments of the Code, and who pay their reasonable share of the
expenses of the administration thereof, including t~he cost of assembly
and analysis of such reports and data as may be required under the
Code, andi the cost of t~he maintenance of the ~Code Authority and its
activities, shall be entitled to participate in the Code Activities and
to the bene~ts of the activities of the Code Authority and to make
use of any National Recovery Act Code insignia which mayb
adopted. The method of allocation and collection of expenseshl
be determined by t.he Codle Authorit~y subject to approval by the
Adminristrator; participation in the election of members of the Code
Authority or of anly Divisional Code Authority subsequent to the
first election shall be open only to those who pay their reasonable
share of expense as allocated.
5. With a view of providing information for the purpose of keep-
ing the Presidlent of the United Sae n h diitao
ifrmed as to the observance or nion-observance of this Code, and
as to whleth~er the industry is t.ukinga appropriate steps to effectuate
in all respects the declared policy of the National Industrial Re-
covery Act, the Code Authority shall makze such reports as the
Administrators may direct, periodically or as of ten as requested.






421

Each member of the Indusry shall prepare, and file with such person
or organization as may be prescribed by the Codle Authority reports,
statistics and such other data or information as the Code Authority
may from time to time require for the purposes of this paragraph or
for the enforcement of this Code.
6. Exrcept as otherwise provided in the National Industrial Re-
covery Act, all statistics, data and information filed in accordance
wrjith the provisions of this Article shall be confidential and the sta-
titcsF, data and information of one employer shall not be revealed
~to any other employer, except that fEor the purpose of administering
or enforcing: the provisions of this Code, the Code Auth~or~ity, by it~s
duly authorized representatives (who shall not be employees of any
employer affected by this Code, but may be a fiml of accountants,
even though doing auditing or accounting work for any member of
the industry), shall have access to any and all statistics, data and
information that maty be furnished in accordance with the provisions
of thi~s Code.
7i. In addition to the information required to be submitted to the
Code Authority, there shall be submitted such statistical information
ase the Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act to such Federal and State Agencies as the
Administrator may designate; nor shall anything in this Code relieve
any person of any existing obligation to furnish reports to Gov-
ernment agencies.
8. If complaint is made to the Code Authority or to any Divisional
Codie A~uthority that the provisions of this Cod~e have been violated
by any employer, the Code Authority, or the appropriate Divisional
Code Aut~hority, shall, subject to such rules and regulations as the
Admlinist~rator may prescribe, make such investigation of thle facts as
may be deemed necessary and shall take such action as mnay be
appropriate.
9. If the Administrator shall determine that any action of a Clode
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 investigation of the merits
of' such action and further consideration by such Code AuthorityS 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 intention to proceed with such
action in its original or modified form.
10. The Code ~Authority shall continue its study of trade practices
of the industry and make any recommendations, from time to time,
to the Administrator, which it deems desirable for modification of or
addiionto hisCod, wich upn approval by the President after
such hearing as he may prescribhlleomaprtfthsCd
and have full force and effect as the provisions hereof.
11. Each trade or industrial association directly or indirectly par-
ticipating in the selection of activities of the Code Authorit shall
(1) xmpose no inequitable restrictions on membership, and(2 sub-
mit to the Administrator true copies of its articles of association,
byJ-la~ws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization







418

and activities as the Administrator may deem necessary to effectuate
the purposes of the Act. :
12. Nothing contained in this Code shall constitute the members
of te Cde Athoitypartners for any purpose. Nor shall any
member of the CodeAuhrybelblinaym nrtonoe
foranyact of any other member, offcer, agent or employee of the
Code A~"uthority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties hereupder,
be liable to anyone for a.ny action or omission to act under this
Code, except for his own willful misfeasance or non-feasance.
AnrTICLE VII--TRADE PRACTICES
The following acts as described shall constitute unfair methods
of competition:
1. The removal of the manufacturer's serial or identification.num-
ber from any sewing machine or the mutilation or alteratiori of any
such serial or identification number; the purchase, for the purpose
of selling or offering for sale, of any sewing machine with kn~owled~ge
that the manufacturer's serial or identification number thereof has
been removed, mutilated or altered; the sale of any sewmng machine
with knowledge that the manufacturer's serial or identification num-
ber has been removed, mutilated or altered unless the vendor of said
machine has reportedly to the Code Authorityv t.he circumstances of the
acquisition, but this provision shall not apply so as to forbid the sale
of machines in stock on the effective date of this Code if the member
of the Industry owning said machines on said date shall file within
60 da~ys from t'he said date, wit~h the Code Authority, an inventory of
all such machines in his possession or under his: control on the effec-
tive date of this Code. The term manufacturer's serial or identifi-
cation number "' as used in this Code shall mean the serial or identi-
fication numlber which the sewing machine bears at the time of the
original sale thereof by a manufacturer to a user, and refers to the
number identifying the individual sewing machine, and not to any;
number indicating the class or type of machine.
2. Thle sale or offering for salei except for export, of a household
sewing machine under the tradle namue or trade mark of the manu-
facturer thereof when such household sewing machine is sold in
conjunction w~ithl table, stand or motor not manufactured or supplied
or authorized by the manufacture of such household sewing ma-
chine, the advertising or representing of suchl combined product as
the product, of the manufacturer of the sewing machine, the use of
the trade name or any trade mark of the manu acturer of) the sewing
machine in any advertisement of t~he combined product in such a
manner as would be likely to lead the purchaser to believe that such
combined product was the product. of or approved or sanctioned by
the manufacturer of the sewing machine.
3. The sale for use: in anly leased industrial sewing machine, the
lease of which does not contemplate transfer of title to the lessee,
of any parts or attachmients niot supplied by the lessor of such ma-
chine or by persons authorized by himn, to be placed in such sewing
machine ktnowing that this is; a violation of any provision of the
lease of saidl sewing machine.







419

4~. The manunfaicture, importationl, sale, advertising for sale or the
use,. in repairing! or rebuildingf of sewmng machines, of imitation
parts or imitation att achments bearing identifying; numbers, letters
or marks w1hich~ are the same as the identifying numbers, letters or
marks or material portions thereof used on the genuine parts or
attachments thus imitated, unless such imitation parts or imitation
attachments have plainly stamped thereon the name of the mianu-
.facttirer or distributor thereof (or such reasonable abbreviation
(194reot as is a~pprovedt by the Code Authority) as pr~omirrm..ly as
the marking of said numbers, letters or other identifying marks.
The sale of repaired or rebuilt sewing machines when the vendor
of such sewing machines has inserted or used or caused to be inserted
or used therein in the repairing or rebuiilding thereof any imitation.
parts or imitation attachments which were marked with identifying
numbers in violation of t~he foregoing provision. The provisions of
this Wib>-section 4 shall not apply so as to forbid the sale of parts
which are in stock or sewing machines contininiig such parts, onl the
effective date of this Code.
5.'; The sale of imported ewming machiines, imported imitation parts
and imported imitation attachments which, whether or not other-
wise marked, do not carry 'the name of the country of oriinon
spicuously, legibly: and indelibly marked upon them or if such ril
is incapable of being so marked then with the namie of the country
of origin conspicuously marked upon any package in which suchi
article is sold.
6. The use of adv-ertising, whether printed, radio or displayr, or
of any other nature which is inaiccuratee in anly material particular
or misrepresents merchandise (including its use, trade mark, grade,
quality, quantity, size, origin, material, content or preparation) or
credit terms, values, policies, or services; the use of advertising
and/or selling methods which tend to deceive or misled the cus-
tomer; the transaction of business under a namne hilch is misleading
or imitative of that of a previously established member of the
Industry, without authorization from such member, so as to deceive
the public into believing that they w~ere dealing with such member
of the Industry or an established representative thereof, or the use
of such misleading names in telephone or other directories so as to
deceive the public As aforesaidl.
AnIcLE: VIII-GCENERAL

1. After due notice and hearing, this Code may be amended upon.
the recommendation of the C~ode Authlority or anly interested party
or group or upon the Administrator's own notice, and any mnodi-
fication so arriv-ed at shall be effective when approved by the
President.
2. As required by Section 10 (b) of Title 1 of the National Indus-
Strial Recovery Act, the following provision is contained in this
Code: The President may from time to time cancel or modify any
order, approval, license, rule or regulation issued under said Title.
3. Violation by any member of thiis Industry of an~y provision of
this Code is an act o~f unfair competition, and the offender shall be
subject to the penalties imposed by the Act.







420

4. No provision of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to chiminate, oppress, or
discriminate against small enterprises.
5. This Code shall become effective on the second Monday follow-
ing its approval by the President.
Appr'oved Code No. 40)2.
Registry No. 1390-1-12.















SCHEDULE "A"'-REBUILDERB' DIVISION

ARTICLE I--DirITrrows

1. The term "L Rebuilders' Division ", as used herein, is defined to mean that
division of the sewing machine industry in which the employers are primarily
engaged in the business of buying and/or selling and/or rebuilding and/or
repairing and/'or installing in factories and/'or dismantling in factories used
industrial type sewing machines, or have a separate department for the conduct
of such business in uIsed industrial type sewing mnachines.
2. The term member of the Rebuilders' Division ", as used herein, is de-
fined to mean any member of the industry engaged in the abov-e defined
division of the industry, either as hris principal business or as a separate
department and inl the latter case, only ns to the activities of that department.

AR'rICuc II--ADMINISTRATION

1. A Rebuildlers' D~ivisional Code Authority is herebyv established. It shall
be composed of ten members, each of whom shall b~e a member of the Re-
builders' Division. The members shall serve without compensation and shall
be elected for one year or until their successor's are chosen. Five of the
members shall be elected by the memblers of the M~utual Sewing Mlachine
Dealers and Mechlanies Cloop~erative, Inc., and five, not members of said asso-
ciation, shall be elected by members of the Rebuilders' Division who are not
members of said association. The first election of the members to be elected
at large shall be held under thle direction of the M~utual Sewing Miachine
Dealers and lec~hanies Cooperative, Inc.. w~ho shall send by registered mail a
ballot to all voters, who shall have ten days after receipt w~ithin whlich to
return the same, and the said Mlutual Sewing Mlachine Dealers and Mlechanice
Cooperative, Inc., shall report and certify the results of thlis election to the
Code Authority. Subsequent elections shall be held under such rules and regn-
lations as the Divisional Code Authority may prescribe.
2. The Divisional Code Authority shall administer this Code within the
Rebuilders' Division subject to the provisions of Article V'I of this Code.
3. Members of the Rebuilders' Division whio are entitled to participate in
Code activities as defined in Article VI of this Code and who pay their reason-
able share of the expenses of the Rebuilders' Divisional Code Authority shaHl
be entitled to participate in the election of the membllers of the Rebuilders'
Divisional Code Authority (subject to the first election) and in its activities.

ARTIOLE III--TRAD)E PRACTICES AND nLULES OF FAIR COMZPETTHONO

1. Every member of the Rebuilders' Division shall observe the federal, state
and local laws andi regulations controlling the members of the Rebuilders'
Division, in the operation of this Industry.
2. No member of the Rebuilders' Division shall purchase industrial type
sewing machines without obtaining from the vendor an invoice bearing the
serial number, if any ( whichl refers to the number identifying the individual
sewing maebine rather than the class or type) of the machine purchased.
3. No member of the Rebuilders' Division shall sell used industrial type
sewing machines, rebuilt or otherwise, or any mechanical or electrical equip-
ment which is part of the equipment used in connection with said machines,
with a free service guaranty for a period exceeding 90 days from the date
of sale.
4. No member of the Rebuilders' Division shall sell, transfer or exchange a
used industrial type sewing machine, without advertising and/or invoicing
and/or billing the same as
(a) a used industrial type sewing machine, or
(b) a used industrial type sewing machine with attachments added, or
(c) a rebuilt industrial type sewing machine, or
(421)






422

(d) a rebuilt industrial type sewing machine with attachments added,
as the case may be, under the original tradename, with the statement of the
classification as set forth in this section, and, if rebuilt, the name of the
member of the Rebuilders' Division rebuilding the same.
,5. No member of the Rebuilders' Division shall conduct his business either
inside or outside of such member's business establishment for more than sixty
bours; per week and dlurinig any hours earlier than 8 A.M~. or later than 6 P.Ml..
on any six days o~f the week, provided, however, that the Rebuilders' Divisional
Code Authority, with the approval of the Administrator may, upon application
of anly local group, waive the provisions of this sub-section insofar as the
same are applicable to said local group.
O







UNIVERSITY OF FLORIDA
I ll il ll I lllli II111II
3I 126 0833 658 2it: