Code of fair competition for the ready-made furniture slip covers manufacturing industry

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Material Information

Title:
Code of fair competition for the ready-made furniture slip covers manufacturing industry as approved on February 16, 1934
Physical Description:
p. 527-537 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Slip covers -- Law and legislation -- United States   ( lcsh )
Industries -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title
General Note:
"Approved Code No.283 ; Registry No.299-39"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004857024
oclc - 63654448
System ID:
AA00007782:00001

Full Text
UNIVERSITY OF FLORIDA
S1 26l2llllll 0llilll8lI 40illll lll l illlll ll
3 1262 08486 7901


Registry No. 299-39


; NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION


FOR THE


SREADY-MADE FITNITURE.

iMIP COVERS MANU`'Ft~ NG

A INDUSTRY',

AS APPROVED ON FEBRUARY I 1634i i
-.. ^ ^ I.**


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


4ilo by the Superintendent of Documents, Washington, D.C. - Price 5 cents
: .... .
























This publication is for sale by the Superintendent of Documents, Government
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Approved Code No. 283

CODE OF FAIR COMPETITION
FOR THE

READY-MADE FURNITURE SLIP COVERS
MANUFACTURING INDUSTRY

As Approved on February 16, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE READY-MADE LYURtNI-
TURE SLIP COVERS MANUFACTURING 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 a Code of
Fair Competition for the Ready-Made Furniture Slip Covers Manu-
facturing Industry, and hearings having been duly held thereon and
the annexed report on said Code, 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 Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
GEO. L. BER;Y,
Division Administrator.
WasHIcNGON, D.C.,
February 16, 193.
40876"--76-77----4 (527)














REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: A Public Hearing on the Code of Fair Competition for the
Ready-Made Furniture Slip Covers Manufacturing Industry, sub-
mitted by the National Association of Ready-Made Furniture Slip
Cover Manufacturers, Inc., located at 261 Fifth Avenue, New York,
N. Y., was conducted in Washington on the 23rd of November, 1933,
in accordance with the provisions of the National Industrial Recov-
ery Act. The Association claims to represent 95 percent of the
Industry.
The maximum hours permitted under this Code are 40 per week.
From April 1st to June 30th of any year employees may work 48
hours per week, time and one-half to be paid for all hours worked
by any employee in excess of 40 per week. Firemen and shipping
crews are permitted to work 42 hours per week. A normal work
week is limited to six (6) days.
The minimum rate of pay is 321/2 per hour or $13.00 per week.
Learners, who are limited to a 4 weeks learning period and shall not
exceed 5% 'of the total number of employees, are provided for at the
rate of $10.50 per week during the learning period. Provision is
made for an equitable adjustment of wages above the minimum.
This Code covers only the manufacture of ready-made furniture
slip covers and has nothing to do with the manufacturers of custom-
made slip covers. There are no wholesale or retail outlets for slip
covers owned or controlled by the manufacturer, nor is there a diver-
sified field of distribution for them. Practically the entire output
of all the manufacturers is purchased by department stores.
The peak demand for products of this Industry occurs during the
months from January to June, inclusive. Because of the change in
design and texture of materials from season to season it is not advis-
able to manufacture stock in advance.
The value of the products of this Industry increased 14.6 in 1931
over 1929. During 1932 they decreased 8.5. It is estimated that the
value in 1933 will be about the same as 1932.
By adopting a 40-hour week, 49 wagi earners should benefit through
reemployment, thus increasing the total wage earners to 294, which
is greater than at any time since 1929.
On the basis of the 1932 weekly average earnings the total payroll
on the basis of a 40-hour week, should increase 18.3 over the 1933
total.
FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
(528)






529

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
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 indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the 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 agricul-
tural products through increasing purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 employ-
ees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subhection (b) of Section 10 thereof; and that the applicant associ-
ation is an industrial association truly representative of the afore-
said industry; and that said Association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is 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
Code.
This Industry has cooperated in a most satisfactory manner with
the Administrator in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable solu-
tion for this industry and for these reasons this Code has been
approved.
Respectfully,
HUGH S. JOHNsoN,
Administrator.
FBRUARY 16, 1934.












CODE OF FAIR COMPETITION FOR THE READY-MADE
FURNITURE SLIP COVERS MANUFACTURING INDUS-
TRY
ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the Ready-Made Furniture Slip Covers Manufacturing Industry,
and its provisions shall be the standard of fair competition for such
industry and binding upon every member thereof.

ARTICLE II-DEFINrrIONS

1. The term Ready-Made Furniture Slip Covers Manufacturing
Industry or Industry as used herein, includes the manufacture,
in whole or in part, of ready-made slip covers for living room furni-
ture, studio couches, day beds, dining room furniture and boudoir
chairs, or other articles of furniture, and/or the furnishing of labor
or labor and material, or both, as part of a larger or further opera-
tion in the process of manufacturing ready-made furniture slip
covers, and such related branches or subdivisions thereof as may from
time to time be included under the provisions of this Code by the
Administrator after such notice and hearing as he may prescribe.
Custom-made furniture slip covers and Trade Shops are not included
in this industry.
2. The term ready-made furniture slip covers as used herein
shall mean slip covers that are not especially cut and made for any
particular piece of furniture or made on special order in accordance
with specific measurements.
3. The term custom-made slip covers as used herein means slip
covers that are especially cut for a particular piece of furniture and
in accordance with specific measurements.
4. The term trade shop as used herein shall mean a shop that
furnishes labor or labor and material for custom-made slip covers.
5. The term member of the industry" includes, but without
limitation, any individual, partnership, association, corporation, or
other form of enterprise engaged in the industry, either as an em-
ployer or on his or its own behalf.
6. The term "employee as used herein includes any and all per-
sons engaged in the industry, however compensated, except a member
of the industry.
7. The terms "Act" and "Administrator" as used herein mean
respectively Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.

ARTICLE III-HOURs

1. No employee shall be permitted to work ini excess of forty (40)
hours in any one week or more than eight (8) hours in any one day,
(530)






531

i, except during the period from April 1 to June 30, employees may
be permitted to work not to exceed forty-eight (48) hours in any
one week or eight (8) hours in any one day, provided, however, that
S time and one-half shall be paid for all hours worked by any em-
ployee in excess of forty (40) hours per week, except as herein
S otherwise provided.
(a) The maximum hours herein established shall not apply to em-
ployees engaged in an executive capacity, office employees, executives
and all other employees engaged in a managerial capacity, who re-
ceive more than thirty-five dollars ($35.00) per week, or to outside
salesmen.
(b) The maximum hours herein established shall not apply to fire-
men and shipping crews who may be employed not more than forty-
two (42) hours in any one week or eight and one-half (8V%) hours
in any one day.
(c) The maximum hours herein fixed shall not apply to any em-
ployee on emergency repair work involving break-downs or protection
of life or property, but in any such special case at least one and
oiie-half times the normal rate of pay shall be paid for all hours
worked in excess of forty (40) per week.
2. A normal work week shall not exceed six (6) days.
3. No member of the industry shall operate more than one (1)
shift.
4. No employee shall work or be permitted to work for a total
number of hours in excess of the hours prescribed, whether he be
employed by one or more employers.
AiTICLE IV-WAGES
1. No employee shall be paid less than at the rate of thirteen
dollars ($13.00) per week of forty (40) hours or thirty-two and one
half cents (321/2) per hour; except learners, who are persons having
had no previous experience or employment in this industry, shall
be paid not less than ten dollars and fifty cents ($10.50) per week;
provided that if such employees are employed on piece-work per-
formance they shall be paid not less than at the established rate paid
skilled employees for such work; provided, further, that the number
of learners employed by any one employer, shall not exceed five
percent (5%) of the total number of employees of such employer;
said period of learning shall not exceed four (4) weeks and no
learner shall serve more than one apprenticeship, whether for one
or more employers.
(a) Females performing substantially the same work as males
shall receive the same pay.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time rate, piece-work
performance or other basis.
3. It is the policy of the members of this industry to refrain from
reducing the compensation for employment which compensation was
prior to June 16, 1933, in excess of the minimum wage herein set
I forth notwithstanding that the hours of work in such employment
may be reduced; and all members of this industry shall endeavor to
increase the pay of all employees in excess of the minimum wage, as
herein set forth, by an equitable adjustment of all pay schedules.

14..,






532


ARnILE V-GENERAL LABOR PROvISIONS
1. No person under sixteen (16) years of age shall be employed
in the industry, nor anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimental to
health. The Code Authority shall submit to the Administrator a
list of such occupations. In any State an employer shall be deemed
to have complied with this provision if he shall have on file a cer-
tificate or permit duly issued by the authority in such State empow-
ered to issue employment or age certificates or permits, showing that
the employee is of the required age.
2. In compliance with Section 7 (a) of the Act it is provided:
(a) That employees shall have the right to organize and bargain
collectively 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.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union or
to refrain from joining, organizing or assisting a labor organization
of his own choosing, and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay and other conditions of employment,
approved or prescribed by the President.
3. No provision in this Code shall supersede any State or Federal
law which imposes on employers, more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions than are imposed by this
Code.
4. No employer shall reclassify employees or duties of occupations
performed as they existed on October 1, 1933, or engage in any other
subterfuge, for the purpose of defeating the purposes of the Act or of
this Code.
5. Every employer shall provide for the safety and health of his
employees at the place and during the hours of their employment.
6. If any member of the Ready-Made Furniture Slip Covers Man-
ufacturing Industry is also an employer of labor in any other indus-
try the provisions of this code shall apply to and affect only that
part of his business which is engaged in the manufacture of ready-
made slip covers as herein defined.
7. Any member of this industry who performs productive work
shall, while performing such work, observe the maximum working
hours herein provided.
8. Each employer shall post and keep posted full copies of this
code in conspicuous places accessible to employees.

ARTICLE VI-HOME WORK
1. Members of this industry shall not permit work of any kind
to be done in the home or homes, either directly or indirectly, or
by contracts with those who let out work on subcontracts.






533

ArcIEl VII-ADMINISTRATION

Organization and Constitution.
1. A Code Authority is hereby established to cooperate with the
Administrator in the administration of this code and shall consist
of five (5) members to be chosen by the industry through a fair
.method of selection approved by the Administrator to serve for a
period of one year from the date of their election. The Adminis-
trator in his discretion may appoint not more than three (3) addi-
tional members without vote and without compensation from the
industry, to serve for such period of time and to represent the Admin-
istrator or such group or groups as he may designate.
(a) Vacancies in the personnel of the Code Authority selected
by the industry shall be filled upon nomination of the Code Author-
ity, approved by the Administrator.
2. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
impose no inequitable restrictions on membership, and shall 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 membership, organization and activities
as the Administrator may deem necessary to effectuate the purposes
of the Act.
3. In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and if he shall find that the Code Authority
is not truly representative or does not in other respects comply with
the provisions of the Act, he may take such action as he may deem
necessary under the circumstances.
4. Members of the industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to par-
ticipate in the selection of the members thereof by assenting to and
complying with the requirements of this Code and sustaining their
reasonable share of the expenses of its administration. Such reason-
able share of the expenses of administration 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.
5. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of the Code Authority,
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 willful mis-feasance or non-feasance.
6. The Code Authority shall have the. following duties and powers
to the extent permitted by the Act.
(a) To administer the provisions of this Code and provide for
the compliance of the industry with the provisions of the Act, and
to propose amendments, exceptions and/or modifications and sub-







534


mit them to the Administrator for his approval; such amendments
and/or modifications, when approved, shall become a part of this
Code after such notice and hearing as he may specify.
(b) To 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 industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and re-
ports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such administrative and/or govern-
ment agencies as the Administrator 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 reports shall be disclosed to any other member of the
industry or any other party except to such governmental agencies as
may be directed by the Administrator.
(d) To receive, subject to rules and regulations issued by the Ad-
ministrator, complaints of violations of this Code, make investiga-
tions thereof, provide hearings thereon and adjust such complaints
and bring to the attention of the Administrator for prosecution,
recommendations and information relative to unadjusted violations,
but in no event shall the Code Authority proceed to prosecute with-
out notice to and approval by the Administrator. An appeal from
any action by the Code Authority affecting the rights of any
employer or employees in the industry may be taken to the
Administrator.
(e) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(f) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(g) To secure from members of the industry, who assent to this
Code and/or participate in the activities of the Code Authority,
such proportionate payment of the reasonable expenses of maintain-
ing the Code Authority as may be determined by the Code Authority
and approved by the Administrator.
(h) To cooperate with the Administrator in regulating the use
of any N.R.A. insigna solely by those members of the industry who
have assented to, and are complying with, this Code.
(i) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to: the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
(j) If the Administrator shall determine that any action of a
code authority or any agency thereof may be unfair o. tmi jst or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation







535

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 dis-
approve after thirty (30) days' notice to him of intention to pro-
ceed with such action in its original or modified form.
ARTICn VIII-PRICE LISTS AND COST FINDING METHOD
1. Members of the industry shall file with the Code Authority,
within fifteen (15) days after the effective date of this Code, a sched-
ule of prices and terms of sale for the products of the industry. No
member of the industry shall sell his products at a price lower or
on more favorable terms than set forth in his schedule on file with
the Code Authority, except as provided in Article IX, Section 1 of
this Code.
(a) Price lists may be revised and filed with the Code Authority
at any time to take effect immediately upon the filing thereof.
2. Each member of the industry shall install an adequate cost
finding method formulated by the Code Authority and approved
by the Administrator, within a reasonable time and as soon as prac-
ticable after the approval of this Code by the President.
ARTICLE IX-TRADE PRACTICES
1. No member of the industry shall sell or offer for sale any
product of this industry at a price below his own individual cost,
as determined by the cost finding method provided for in Section 2
of Article VIII, when approved by the Administrator, except that
any member of the industry may meet competition in any specific
instance by selling his product at a price not less than the lowest
price of a comparable article on file with the Code Authority; pro-
vided, however, that Discontinued distress merchandise, job lots
or seconds may be sold, as approved by the Code Authority, during
the period from August 1st to November 30th of any year.
2. No member of the industry shall perform work or labor on
material or merchandise other than his own, unless the owner thereof
shall have billed to the member of the industry, the material or
merchandise at actual replacement value and shall have agreed in
writing not to sell such finished product for less than actual cost
including the replacement value of such material or merchandise,
unless and until the same shall have become seconds, discontinued,
or distress merchandise.
3. No member of the industry shall publish advertising (whether
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 without limitation
its use, trade-mark, grade, quality, quantity, origin, size, substance,
character, nature, finish, material, content, or preparation) or credit
terms, values, policies, services or the nature or form of the business
conducted.
4. No member of the industry shall brand or mark or pack any
commodity in any manner which is intended to or does deceive or
mislead purchasers with respect to the brand, grade, quality, quantity,
origin, size, substance, character, nature, finish, material, content or
preparation of such goods.




i 1: .; ". .



536

5. No member of the industry shall publish advertising, which
refers inaccurately in any material particular to any competitors
or their goods, prices, values, credit terms, policies or services.
6. No member of the industry shall publish or circulate unjustified
or unwarranted threats of legal proceedings which tend to or have
the effect of harassing competitors or intimidating their customers.
Failure to prosecute in due course shall be evidence that any such
threat is unwarranted or unjustified.
7. No member of the industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent or represen-
tative of another in relation to the business of the employer of such
employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. Com-
mercial bribery provisions shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
except so far as such articles are actually used for commercial bribery
as hereinabove defined.
8. No member of the industry shall ship goods on consignment
except under circumstances to be defined by the Code Authority,
where peculiar circumstances of the industry require the practice.
9. No member of the industry shall make any advertising allow-
ance or secretly offer or make any payment or allowance of a rebate,
refund, commission, credit, unearned 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
services or privileges not extended to all customers of the same
quantity and quality.
10. No member of the industry shall attempt to induce the breach
of any existing contract between a competitor and his employee or
customer or source of supply; nor shall any such member interfere
with or obstruct the performance of such contractural duties or
services.
11. No member of the industry shall require that the purchase or
lease of any commodity be a prerequisite to the purchase or lease of
any other commodity.
12. No member of the industry shall sell or invoice merchandise
on more favorable terms of discount than three percent (3%), ten
(10) days, E.O.M.
13. No member of the industry shall ship goods other than f.o.b.
factory except in cities where other slip cover manufacturers are
located where the seller may ship f.o.b. destination.
ARTICLE X-MODIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of Subsection (b) of Section 10 of Title I of the Act, from
time to time to cancel or modify any order, approval, license, rule
or regulation issued under Title I of said Act.
2. This Code, except as to provisions required by the Act, may
be modified or amended on the basis of experience or changes in
circumstances, such modifications or amendments to be based upon




p.:'..; .


537

application to the Administrator and such notice and hearing as
he shall specify, and to become effective on approval of the Presi-
dent, unless otherwise provided.

ARTICLE XI-M-ONOPOLIES, ETC.

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

ARTICLE XII-PRICE INCREASES

1. 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
seller's costs.
ARTICLE XIII-EFFECTIVE DATE

This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 283.
Registry No. 299-39.



























































































































































































































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