NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
MERCHANT AND CUSTOM
AS APPROVED ON JULY 31, 1934
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Approved Code No. 494
Registry No. 272-2--05
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Approved Code No. 494
CODE OF FAIR COMPETITION
MERCHANT AND CUSTOM TAILORING INDUSTRY
As Approved on July 31, 1934
CODE OF FAIR COMPETITION FOR THE MERCHANT AND CUSTOM
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 Merchant and Custom Tailoring Indus-
try, 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
President, 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 pur-
poses 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.
ROBERT L. HOUSTON,
REPORT TO THE PRESIDENT
The White House.
Sin: This is a. report on the Hearing on the Code of Fair Com-
petition for the Merchant and Custom Tailoring Inldustry, held in
the Auditorium of the Department of Commerce Building, on Satur-
day, January 27, 1934. The Code which is attached was presented
by duly qualified and authorized representatives of the Industry,
claiming to represent seventy-six per cent (76%) of the Industry.
In accordance with the customary procedure, every person who had
filed a reLque1.st for an appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.
The Merchant and Customl Tailoring Industry includes the making
of men's outer garments to the individual measurement of the wearer;
all operations are performed by hand. The typical worker in the
Industry is called a journeyman tailor. The garments made in the
Cut linl Tailoring Industry sell at a unit price between seven and
eight times as great as the unit price of garments made in the Men's
Clothing Industry. It may therefore be concluded that the products
of the Custom Tailoring Industry are of superior quality and work-
In 1929 the Industry contained 11,284 firms who employed 23,277
workers. In the year 1929 the Industry produced about 1,700,000
garments valued at $139,000,000 or about $80.00 each.
The Custom Tailoring Industry is subject to considerable seasonal
variation. Customers buy twice yearly; and as the product is
wholly made to order, no stock can be built up out of season. About
half the volume of business is contracted in a third of the year.
There are no reliable figures available on the number of hours
worked per week by employees in this Industry. On the basis of
a questionnaire sent out to 473 members of the Industry, it is esti-
m nlted that. there has been a fourteen and three tenths per cent
S(14.3%) increase in employment due to the President's Reemploy-
LABOR I'ROVISIONS OF THE CODE
The Code provides that no employee may be permitted to work in
exe'.s., of thirty-six (36) hours in any one week or eight (8) hours
in any twenty-four (24) hour period, except in an extreme emer-
gency, which *ihncr.rencv shall be certified in writing by the con-
-Uli.nir at the time of sale. One and one third (11/3) the normal
rate shall be paid for all extra work above eight (8) hours per day.
Student apprentices may be employed for five (5) hours a day and
twenty-five (25) hours a week.
The minimum rate of pay for journeymen tailors shall be sixty-
five cents (650) an hour in any city of over 100,000 population or
in the immediate trade area thereof; sixty cents (600) an hour in
any city between 25,000 and 100,000 population or in the immediate
trade area thereof; and fifty-five cents (550) in the ri-mainiler of
the United States.
CONSTITUTION OF THE CODE AUTHORITY
The Merchant and Custom Tailoring National Code Authority is
constituted so that equitable representation will be given to all in-
dustrial and labor groups. The Code Authority cu'5n-i ts of thirteen
(13) voting members distributed as follows:
National Association of Merchant Tailors of America--- ----------- 7
Pacific Coast Merchant Tailors Association ----_------------------- 1
Merchant Tailor Designers Association---------------------------
Non-Association Members------- ---- ----------- 1
Journeymen Tailors Union of America ------- 1
Labor Advisory Board------------------------------------- 1
OTHER r IOVISIONS
The fair trade practices are all the general provisions suggested
by the Federal Trade Commission with the exception of a provision
which makes it an unfair trade practice for persons not carrying
a stock of woolens or trimmings to advertise themselves as Merchant
Tailors. However, such persons may advertise themselves as
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 on 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
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-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanction and supervisions, by elimi-
nating unfair competitive practices, by promoting the fullest possi-
ble utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; 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
Subsection (b) of Section 10 thereof; and that the applicant associa-
tions are industrial associa tion.s truly representative of the aforesaid
Industry; and that said associations impose no inequitable restric-
tions on admini.sionl to inLemi)erslhip therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic pra ctices.
(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 eng-iiLred in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these rtas-ons. this Code of Fair Competition for the Merchant
and Custom Tailoring Industry has been approved.
ReP 'pect fully,
HUGH S. JOHN SON,
Ad in ;,t i.srator.
JULY 31, 1934.
CODE OF FAIR COMPETITION FOR TTIE MERCHANT
AND CUSTOM TAILORING INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are e.tabli.-.hed as a Code of
Fair Competition for the Merchant and Custom Tailoring Industry,
and shall be the standard of fair competition for such Industry and
shall be binding upon every member thereof.
SECTION 1. Industry.-The term "Industry as used herein means
the making of men's outer garments to the individual measurements
and specifications of the wearer from patterns especially cut for the
wearer, and the sale thereof direct to the wearer and not for resale,
which garments are cut and designed at the retail establishment of
the member of the Industry and finished by workmen whom such
member of the Industry controls as to details and shaping of each
garment. Every operation performed on the garment shall be
strictly by hand, except for such operations as can be performed by
the use of a plain sewing machine operated by man or electric power.
Pressing may be done either by hand or by machine.
The Industry is not intended to include members of the Men's
Clothing Industry generally known in that Industry by the terms
of tailors-to-the-trade ", "wholesale tailors ", or direct to the
consumer wholesale tailors ", or special order houses ", but it is
intended to include contractors as defined in Section 2.
SECTION 2. Contractor.-The term contractor as used herein
means anyone who is engaged by a Merchant or Custom Tailor and
who supervises work in his own establishment for the purpose of
performing any of the manufacturing activities of the Industry.
If a contractor makes garments for a Merchant and/or Custom
Tailor, as well as for Clothing Manufacturers, Tailors-to-the-Trade,
Special Order Houses and/or Wholesale Tailors, such contractor
shall be exempted from the provisions of this Code but only insofar
as and as long as he is subject to the Code of Fair Competition for
the Men's Clothing Industry, provided that such contractor shall
comply with the minimum wage provisions of this Code. If a con-
tractor works solely for Merchant and Custom Tailors, he will be
governed by this Code.
SECTION 3. Members of the Industry.-The term "member of the
Industry as used herein means anyone, without limitation, engaged
in the Industry, as an employer or on his own behalf or as a con-
SECTION 4. Journeyman Tailor.-The term journeyman tailor"
as used herein means anyone who is engaged in the Industry in per-
forming major operations in the making of garments, including the
coat maker, waistcoat maker, trouser maker, breeches maker, try-on
maker and bushelman.
SECTION 5. Helper.-The term "helper" as used herein means
anyone engaged in the Industry in the performance of minor oper-
ations in the making of garments, such as felling, padding, and mak-
SECTION 6. Steult .t Appr n t ftice.-The term "student apprentice"
as used herein means any unskilled person not heretofore engaged in
the Industry who has matriculated in or graduated from a duly
accredited trade school for whom a member of the Industry provides
facilities or practical work in connection with his studies. Such
practical training and instruction shall not exceed six months follow-
ing graduation from a trade school, and there shall be no other em-
ployees in this Industry employed as apprentices.
SECTION 7. Employee.-The term "employee" as used herein
means anyone engaged in .the Industry in any capacity receiving
compensation for his services, irre.-pcctive of the nature or method
of payment of such compelnatiin, except a member of the Industry.
SECTION 8. Emiployer.-The term "employer" as used herein
means anyone by whom any such employee is compensated or
Ec:ifl',N 9. Pr. sl/def, Act and the Administrator.-The terms
" President ", "Act ", and "Aldministrator as used herein mean
re.4pctively the President of the United States, Title I of the
National Industrial Recovery Act and the Administrator for Indus-
S-E.'- :rN 10. Population.-Population for the purposes of this Code
,L..,! be determiined by reference to the latest Federal Census.
SECTION 11. Trade Area..-The term "trade area" as used herein
means any area des-igrnated as a trade area by the Code Authority
and approved by the Administrator.
ARTICLE III-HouRs OF EMPLOYMENT
SErTION 1. MaxiLmum hours.-No employee shall be permitted to
work in excess of thirty-six (36) hours in any one week or eight
(8) hours in any twenty-four (24) hour period except as herein
ctlirw ise provided.
Except as her -ina after provided, the hours of labor shall be between
8 a.m. to 12 noon and 1 p.m. to 5 p.m., and no Sunday work shall be
SECTION 2. Members of the Indci-try shall be permitted to work
employees overtime at regular rate; during peak s -'ion-., the number
of hours and the number of weeks to be determined, subject to the
approval of the Administrator, through an agreement to be reached
by a c'niriiiittee of the Code Authority appointed for this plirpose
and consisting of an equizl number of representatives of industry
S'I:'CmN 3. The maximum of eight (8) hours in any twenty-four
(2-1) hour period shall be permitted to be exceelde, only for extreme
emergency orders, which emergency shall be certified in writing by
the consumer at the time of sale; however, in all such cases of enier-
agency work maximmlill ltours per weck shall n,'t be exceeded. Time
and one third (11/3) shall be paid for all extra work above ei_,lit (8)
hours per day. If any of the c:I'rr.!evy work is done on Sunday,
all of those hours shall be piid l'fir Ia; tlhe rate of time and one third.
A complete report and the con.iiluers certification of such emer-
gency and such exct-s hours shall be made to the R' ,i'iil Code
Committee. Failure to ii;ike1 -.rh report h1'all be considered a viola-
tio of the provi-ins of this Code.
SECTION 4. No t udl'nt apprentice shall be employed by any mem-
ber of the Industry for a pecrl;d. in excess of twenty-five (25) hoii:lr
in any week or five (5) hours in any tweinty-four (24) hour period.
Student. apprentic8s may be employed only directly by a member
of the Industry and iimit be paid by said member of the Indu.-try.
No member of the Industry shall employ more than three student
apprentices at any one time.
SE:TINx 5. Office help, stock clerks, salesmen, delivery men, jani-
tors and porters shall be employed not more than forty-eight (48)
hours in any one calendar week and not more than eight (8) hours
in any twenty-four (24) hour period.
SEcT1IN 6. Persons employed in an executive or managerial capac-
ity are exempted from the provi.-ions of Section 1, provided they are
regularly paid not less than thirty-five dollars ($35.00) per week.
SECTION 7. No eilployee shall be permitted to work more than six
(6) days in any one week.
SECTION 8. Any person (including contractors) who does the work
commonly performed by employees shall be subject to the provisions
of this Code as to hours of labor.
SECTION 9. No employer shall knowingly permit any employee to
work for any time which, when added to the time spent at work for
another employer or employers, exceeds the maximum permitted
SECTION 10. Nothing contained in the provisions of this Article
shall be construed to replace or supersede provisions in collective
agreements already in force with labor organizations that prescribe
higher rates of pay or shorter hours of work than are pre-crilbed
SECTION 1. The minimum rate of pay for journeyman tailors
(a) Sixty-five.(6.() cents per hour in any city of over 100,000
population, or in the trade area thereof.
(b) Sixty cents (60-r) certs per hour in any city of 25,000 to less
than 100,000 population not illnluided in (a), or in the trade area
(c) Fifty-five cents (550) per hour in other places.
SECTION 2. W~7/ .-s for Help<,.-'.-The minimum pay for helpers
shall be at the rate of forty cents (400) per hour.
SECTION 3. Wages for idfnt (t'appl, if;,..-The minimum rate of
pay for student apprentices shall be thirty cents (300) per hour for
the first six (6) months of employment, in the Industry following
graduation from a trade school, after which they shall be rated as
SECTION 4. Other Employer.-.--No other employee shall be paid
at less than the rate of:
(a) $15.00 per week in any city of over 500,000 population, or in
the trade area thereof.
(b) $14.50 per week in any city of between 250,000 and 500,000
population, not included in (a), or in the trade area thereof.
(c) $14.00 per week in other places.
SECTION 5. This Article establishes a minimum rate of pay, which
shall apply irrespective of whether an employee is actually compen-
sate.d on a time rate, piecewtork, or other basis.
SEcrToN 6. Female employees performing substantially the same
work as male employees ,lll receive the same rates of pay as male
SC'IoN 7. HIil .pped Per.i',.-A person whose earning ca-
pacity 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 desig-
nated by the United States Department of Labor a certificate
authorizing such person's employment at such wages and for such
hours as shall be stated in the certificate. Such authority shall be
guided by the instructions of the United States Department of
Labor in issuing certificates to such persons. Each employer shall
file monthly with the Code Authority a list of all such persons em-
ployed by him, showing the wages paid to, and the maximum hours
of work for such employee.
SECTION 8. (a) No provisions in this Code shall -.iiper-ele existing
rates of pay on an hourly or piece-work basis which are higher than
those set forth in the Code.
(b) The weekly compensation for employment (whether based
on a piece or time rate) now in excess of the minimum wages herein
provided shall not be reduced, notwithstanding that the hours of
work in any such employment may be hereby reduced, and piece
rates shall be so adjusted that earnings at the shorter hours provided
in this code shall be at least equivalent to those obtained under the
longer hour, heretofore prevailing.
ARTICLE V-GENERAL LABOR PROVI.[SIONS
SECTION 1. No plri-on under sixteen (16) years of age shall be
employed in the Industry, nor shall any person under eighteen (18)
years of age be employed at operations or occupations hazardous
in nature or detrimental to health. The Code Authority shall sub-
mit to the Administrator within six months after the effective date
of this Code, a list of such operations or occupations. In any State
an employer shall be deemed to have complied with the provisions
of this Section if he shall have on file a certificate or permit, duly
signed by the Authority in such State empowered to issue employ-
ment or age certificates or permits, showing that the employee is
of the age required by this section.
SECTION 2. Employoe:- shall have the right to organize and bargain
collectively through i',p re.re.itatives of their own choosing, and shall
be free from the inlterfvrence, restraint, or coercion of employers of
labor, or their agenit.-, in the de.iignation of such repre- entatives or
in self-organization or in other concerted activities. for the purpose
of collective bargaining or other mutual aid or protection.
SECTION 3. 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 as.i.-ting a labor org,:iiza-
tion of his own choosing.
SECTION 4. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conlitiins of employment,
approved or pr scribed by the President.
SECTION 5. No provision in this Code shall super--ele any State
or Federal law imposing on employers more stringent reqiuirenients
as to age of employees, wages, hours of work, or as to safety, health,
fire, or general working conditions than are imposed by this Code.
SECTION 6. Employers shall not reclassify employees or duties of
occupations performed by employees or engage in any other -:ubter-
fuge so as to defeat the purposes of the Act.
SECTION 7. Each employer shall comply with rules and regulations
of the Administrator as to the posting of this Code or portions
thereof, and related data.
SECTION 8. Home Vork.-The practice of manufacturing in this
Industry in the home or living quarters of an employee shall be
terminated not later than four (4) months after the effective date
of the Code; except as provided in the Executive Order of May 15,
1934. In the meantime and until such termination the following
rules and regulations shall govern the members of this Industry in
relation to honmwork.
(a) No member of the Industry shall permit home work in any
home not uli'l by such member for such purpose on the effective
date of the Code.
(b) Every member of the Industry shall file with the Code
Authority a list of such home work establishments.
(c) Every mnieber of the Industry shall be per~'sunally responsible
for the compliance by an employee, vwi-rking in his ]home, with all
the labor provisions of this Code.
SeTON 9. Safi ty and Health.-Every employer shall make rea-
sonable provision for the safety and health of his employees at the
place and during the hours of their employnnt. Standards of
safety and health shall be sulibmitted by the Code Authority to the
Administrator within six (6) months after the effective date of this
Code. Upon approval by the Administrator such standards shall
become operative as a part of this Code.
SECTION 10. No member of the Industry shall avoid or evade the
labor provisions of this Code by contracting his work to any person
or persons subject to labor provisions less stringent than those pro-
vided in this Code.
To further effectuate the policies of the Act, a National Code
Authority is hereby constituted to cooperate with the Administrator
in the administration of this Code.
SECTION 1. Oriani z.ftion and Constitution of Code Authority.-
The Merchant and Custom Tailoring Code Authority shall con-
sist of thirteen (13) members as follows: Seven (7) members to
be selected by the Executive Committee of the National Association
of I3-r.lihant, Tailo:-, of Americ:i, to represent, as far as practicable,
the different sections of the country east of the R. cky Mountains;
one (1) member to be selected by the Executive Committee of the
Pacific Coast Merchants Tailors Association, to r-'pre-tnt that sec-
tion of the country corresponding to the twelfth (12th) Federal
Reserve District; one (1) member to be wkclcted by the Exeutive
Committee of the Mt-.rlilant Tailor De-inc-'rs A.--ccintion of Amer-
ica; one (1) member to be appointed by the Administrator to repre-
sent the interest of the contractors in their capacity as employers
of hil(or; one (1) member to be appointed by the Administrator,
to represent non-ilinjlbers of the above-named As-'1iatnions; one
(1) member to be selected by the general Executive Board of the
Journeyman Tailors Union of America; one (1) mnembl:. to be ap-
pointed by the Administrator on the recommendation of the Labor
Advisory Board of the National Re'-,very Administration ; and not
more than three (3) additional members to be appointed by the
Administrator, in his di-cretionl without vote, to serve for such
terms as he mayv specify.
The terms of the Industry members of the Code Authority shall
be one year, or until the appointment of their succe~,,os.
(a) Each ,s.-oci;ation directly or indirectly participating in the
se action or activities of the Code Authority shall: (1) impose no
inequitable restrictions on membership, and (2) submit to the Ad-
ministrator true copies of its articles of association, by-laws, regula-
tions, and any amelindments when nimad thereto, togetlier with such
other information as to membership, organization, and activities
as the Admtini-tritor may deem necessary to effectuate the purposes
of the Act.
(b) 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 thereafter 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, may require an appropriate
modification in the method of selection of the Code Authority.
(c) Regional Committee.-The Code Authority, subject to the
appro val of the Administrator, shall appoint Regioinal Committees
for major geographical sections of the country dc&iigniated as follows:
One Regional Committee for the Eastern .-rction comprising the
New En1lhmnd and Middle Atlantic States. (one Regional Committee
for the Central and Middle West section of the country, one Regional
Committee for the Southern States, and one Regional Committee
for the Western part of the country c(-r e pondingg to the Twelfth
Federal Reserve District. Such r.' i,:inl co(ullii -it(es shall be com-
posed of memb'-r, of the Industry who have places of Il'-ine:s in the
region which the Regional Committee is to serve. It shall be the
function of these Regional Committees to .-erve in an Advi.ory ca-
pacity to the Code AutL.ority in the ;diiiinit4ration of the Code, and
to be the administrative ,agencies of the Code Authority in tlieir
respective R':ons. It shall also be the particular duty of these
R.eg;inal Co!!littees to dE.terliiiine for their respective regions the
se;iaual pe pea periods deflctd in Article III, Section 2 of this Code,
subject to the approval of the Code Authority and of the Adminis-
trator. The Regional Committee shall have the power to appoint
subsidiary or local agencies for the admininitratin of the provisions
of this Code, subject to the approval of the Co,'l, Authority.
SECTION 2. The Code Authority shall have the following duties
and powers to the extent perliitt,.-d by the Act.
(a) General Powers.-T:e Code Authority -ha!l, in addition to
the specific powers herein conferred, have all genei:l powers nic:s-
sary to assist the A(miniistraitor in the adiiniitiltation and enforce-
ment of this Code.
(b) Report.s and Ih c'.st!l;ations.-The Code Authority shall re-
quire from all members su'li reports as are necessary to effectuate the
purposes of this Code and may, upon its own initiative or upon com-
plaint. to it of any persons affected, make investigation as to the
functioning of any provisions of the Code and report the results
of such investigation to the Adniinistrator, subject to such rules and
regulations as may be prescribed by the Administrator.
(c) The Code Authority shall require all members of the industry
to file with it within 30 days after this Code gor,- into ettect complete
schedules of their rates of pay to journeymen tailors, helpers, appren-
tices, and contractors in their employ, and to report promptly to the
Code Auttlority any changes in such schedules.
(d) Recon ,itdaf.t;is.-The Code Authority may from time to
time present to the Administrator recommendations based on condi-
tions in the Industry, which will tend to effectuate the operation of
the provisions of this Code and the policy of the Act.
(e) (1) It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized:
A. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as .hereinafter provided and which
shall be held in trust for the purposes of the Code;
B. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of the
C. After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry, and
to that end, if necessary, to institute legal proceedings therefore in
its own name.
(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provilde-d, and subject, to rules
and regulations pertaiinig thereto issued by the Administrator.
Only members of the Industry complying with the code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, shall be entitled to participate in the selection of members
of the Code Authority or to receive the benefits of any of its vol-
untary :n-tivities or to make use of any emblem or insignia of the
National Recovery Administration.
(3) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, exr.fpt upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
SECTION 3. In addition to the information required to be sub-
mitted to the Code Authority, there shall be furnished to govern-
ment agencies such statistical information as the Administrator
may deem nece.nary for the purposes recited in Section 3, (a) of
SECTION 4. The Code Authority shall have the power under such
rules and regulations as may be established by the Administrator
to receive 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 recommendations
and information relative to unadjusted violations.
SECTION 5. The Code Authority shall have the power 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 Authority 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
SECTION 6. The Code Authority, subject to the approval of the
Administrator, shall define and determine trade areas.
SECTION 7. The Code Authority shall appoint a Coordination
Committee representing the Merchant and Custom Tailoring Code
Authority to meet with a like committee of the Men's Clothing Code
Authority or any other related Code Authority in an endeavor to
adjust any differences of opinion as to jurisdiction or conflicts of
any nature between the various related codes.
SECTION 8. The Code Authority shall appoint a trade practice
committee which shall meet with the trade practice committees ap-
pointed under such other codes as may be related to the Industry
for the purpose of formulating fair trade practices to govern the
relationships between employers under this code and under such
others to the end that such fair trade practices may be proposed
to the Administrator as amendments to this Code and such other
SECTION 9. If the Administrator shall determine that any action
of the Code Authority or any agency thereof may be unfair or
unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty days' notice to him of intention to
proceed with such action in its original or modified form.
All articles manufactured subject to the provisions- of this Code
shall bear an N.R.A. label or an allthorizcd substitute therefore, to
symbolize to purcha.oers of said articles the conditions under which
they have been manufa:-tured.
(a) The Code Authority shall have the exclusive right in this
Industry to issue and furnish said labels to the members thereof.
(b) Each label shall bear a registration riinlllwr e~rsp.-ially a;-
signed to each employer by the Code Authoritv and remain attached
to such garment when sold.
(c) Any and all members of the Industry may apply to the Code
Authority for a permit to use such N.R.A. label, which permit to use
the label shall be 'ranted to them, but only if and so long as they
comply with this Code.
(d) Subject to the approval of the Admini-trator, the Code
Authority shall establish rules and regulations and appropriate ma-
chinery for the issuance of labels and the inspection, examination and
supervision of the practices of members of the Industry using such
(e) The charge made for such labels by the Code Authority shall
at all times be subject to the supervision and orders of the Adminis-
trator and shall be not more than an amount necessary to cover the
reasonable cost thereof, including the making, distribution and ad-
ministration, and supervision of the use thereof as hereinabove set
ARTICLE VIII-UWNFAR TRADE PRACTICES
The following practices constitute unfair methods of competition
for members of the Industry and are prohibited:
SECTION 1. False Mark'ing or Br'anding.-The false marking or
branding of any product of the Industry which has the tendency to
mislead or deceive customers or prospective customers, whether as
to the grade. quality, quantity, substance, character, nature, origin,
size, finish, or preparation of any product of the Indu-try, or
SECTION 2. Misrepresentation or False or Misleading Adverths-
ing.-The making or causing or knowingly permitting to be made
or published any false, materially inaccurate, or deceptive statement
by way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish,
or preparation of any product of the Industry, or the credit terms,
values, policies, or services of any member of the Industry or
otherwise, having the tendency or capacity to mislead or de-
ceive customers or prospective customers. (1) The use of the
term Merchant Tailor" in anv advertising, window sign or
display, by any nienl-be1 of the Industry who does not carry a sto,:k
of woolens or trimmings on his premises shall be deemed mislead-
ing and deceptive advertising. This provision is not, however, de-
signed to restrict or hinder any Custom Tailor from advertising
himself as a Custom Tailor where no stock of woolens or trimmings
is carried on the premises, nor to limit a Merchant Tailor a.4 herein
defined, from advertising himself as a Merchant or Custom Tailor or
SECTION 3. Commercial Bribery.-The giving, permitting to be
given, or directly offering to give, anything of value for the pur-
pose of influencing or rewarding the action of any employee, agent,
or representative of another in relation to the business of the em-
ployer of such employee, the principal of such agent or the repre-
sented party, without the knowledge of such employer, principal or
party. This provision shall not be construed to prohibit free and
general distribution of articles commonly used for advertising ex-
cept so far as such articles are actually used for commercial bribery
as hereinabove defined.
SECTION 4. Interference with Contractual Relations.-Maliciously
inducing or attempting to induce the breach of an existing oral or
written contract between a competitor and his customer or source of
supply, or interfering with or obstructing the performance of any
such contractual duties or services.
SECTION 5. The hiring away of an employee of a competitor with-
out first permitting that employee a reasonable time to complete the
work upon which he was engaged.
SECTION 6. Secret Rebates.-The secret payment or allowance of
rebates, refunds, commissions, credits, or unearned discounts,.whether
in the form of money or otherwise, or the secret extension to certain
purchasers of special services or privileges not extended to all pur-
chasers on like terms and conditions.
SECTION 7.-The offering or giving of prizes, premiums, or gifts
in connection with the sale of products, or as an inducement thereto,
in ways which involve chance, lottery, misrepresentation, or fraud,
or the advertising of free pressing service.
SECTION 8. Defaimnt;on.-The defamation of competitors by falsely
imputing to them dishonorable conduct, inability to perform con-
tracts, questionable credit standing, or by other false representations,
or by the false disparagement of the grade or quality of their goods.
SECTION 9. Threats of Litigation.--The publishing or circularizing
of threats of suits for infringements of patents or trade-marks or
of any other legal proceedings not in good faith, with the tendency
or effect of harassing competitors or intimidating their customers.
SECTION 10. Espionage of Competitors.-Securing confidential in-
formation concerning the business of a competitor by a false or mis-
leading statement or representation, by a false impersonation of one
in authority, by bribery, or by any other unfair method.
SECTION 11. Making special or temporary wage agreements with
employees below the prevailing scale for the purpose of offering
special price inducements.
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regu-
lation issued under said Act.
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or Ichangnes in circum-
stances, such modifications to be based upon application to the Ad-
iministrator and such notice and hearing as he shall specify, and to
become effective on approval of the Administrator.
ARTICLE X-M(ONOPOLIES, ETC.
No provision of this Code shall be so applied as to permit monop.
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
ARTICLE XI-PRIcE INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases should be delayed and that, when made, the same should,
so far as reasonably possible, be limited to actual increases in the
ARTICLE XII-EFFECTI-E DATE
This Code shall become effective ten days after its approval by
Approved Code No. 494.
Registry No. 27-2-05.
UNIVERSITY OF FLORIDA
3 111I6 i II8 75ili l411 i I ll il llll
3 1262 08486 7554