Code of fair competition for the drapery and upholstery trimming industry

MISSING IMAGE

Material Information

Title:
Code of fair competition for the drapery and upholstery trimming industry as approved on January 16, 1934 by President Roosevelt
Physical Description:
225-234 p. : ; 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:
Drapery industry -- Law and legislation -- United States   ( lcsh )
Upholstery -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
"1483-C ; Registry No.228-01"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851470
oclc - 63654379
System ID:
AA00007801:00001

Full Text
UNIVERSITY OF FLORIDA

ll3 Illl262 08486 7968Ilil lili
3 1262 08486 7968


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE


DRAPERY AND UPHOLSTERY

,, TRIMMING INDUSTRY

AS APPROVED ON JANUARY 16, 1934


I i
* ii''


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


or alte by the Superintendent of Documents, Washington, D.C. Price cents


a .
' .


." ... '* :
\;..f*:.~"










:" .. .







i*:


WE DO OUR PART


Registry No. 280-1-02

























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, Mass.: 1801 Customhouse.
Buffalo, 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 Commerce.
Dallas, Tes.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.






















'I:











Approved Code No. 212


CODE OF FAIR COMPETITION
FOR THE

DRAPERY AND UPHOLSTERY TRIMMING
INDUSTRY

As Approved on January 16, 1934





ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE

DRAPERY AND UPHOLSTERY TRIMMING
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 Drapery and Upholstery Trimming 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.
Approval recommended:
A. D. WHITESIDE,
Division Administrator.
WASHINGTON, D.C.,
January 16, 1934.


29275- 296-113----34


(225)













THE PRESIDENT,
The White House.
Sri: This is a report on the hearing on the Code of Fair Compe-
tition for the Drapery and Upholstery Trimming Industry, held in
the Fairfax Room of the New Willard Hotel, on November 10, 1933.
The Code which is attached was presented by duly qualified and
authorized representatives of the Industry, complying with statutory
requirements said to represent over 70% by volume of production
and 14 out of 50 concerns in the Industry.
In accordance with customary procedure every person who had
filed a request for. an appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.

THE INDUSTRY

The Industry comprises 50 concerns having an investment in 1933
of $4,000,000. In 1929 the industry provided employment for 5,000
full-time workers. This figure has declined to 2,500 employees in
1933. The aggregate annual sales have fallen from $20,000,000 in
1928 to $7,000,000 in 1932.

PROVISIONS OF THE CODE

The Code provides for a minimum wage of $13.00 per week.
Hours are limited to 40 hours for any one week and 8 hours in any
24-hour period with the following exceptions: Watchmen are per-
mitted to work 56 hours per week; employees in a supervisory
capacity receiving $35.00 per week or more, and outside salesmen
are not limited as to hours; employees on emergency repair work
are excepted but are to be paid time and one third for hours worked
in excess of 40 hours per week; office employees are permitted to
work 48 hours in any one week provided they do not work more
than 40 hours per week averaged over a period of three months;
maintenance employees are permitted to work 44 hours per week.
Hours of work have been reduced by 15%, and employment is
thereby increased in the same proportion.
Operations are limited to two shifts of 40 hours each per week.
All homework is abolished within one month after the effective date.
Existing differentials between wage rates above the minimum are
maintained and no employee is to receive less compensation for the
40-hour week than was received for the longer work week prevailing
prior to the approval of this Code. Average weekly earnings will
be increased approximately 7% by the application of this Code.
Representation on the Code Authority is provided for all members
of the Industry. There are no highly restrictive provisions in the
(226)





227


Code itself. Provision is made for prohibiting sale of merchandise
below cost when and if a uniform system of cost accounting recom-
mended by the Code Authority is approved by the Administrator.
There was some question as to whether or not this Industry is
entitled to operate under a separate code, since a large part of the
products of the Industry are manufactured on weaving and braiding
machines. These operations are included within the definition of
the Code for the Narrow Fabrics Industry. At the request of the
members of the Industry submitting this Code it was decided to
permit them to operate under this separate code with respect to oper-
ations performed on weaving and braiding machines until such time
as the Narrow Fabrics Code is approved by the President. The Code
will continue in effect for a period of only six months, but this time
may be further extended or shortened upon application of the Code
Authority approved by the Administrator.
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;
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 supervisions, by elimi-
nating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural 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 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 asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.






228

(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.
For these reasons, this Code has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
WASHIoNTON, D.C.,
January 16, 1934.












CODE OF FAIR COMPETITION


FOR THE

DRAPERY AND UPHOLSTERY TRIMMING
INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National Industrial Re-
covery Act the following provisions are established as a Code of
Fair Competition for the Drapery and Upholstery Trimming Indus-
try, and shall be the standard of Fair Competition for such Industry
and shall be binding upon every member thereof.

ARTICLE II-DEFIrNITION

1. The term Industry as used herein includes the manufacture
and original sale of trimmings for draperies, furniture, curtains,
caskets, window and lamp shades, rug fringe, awning fringe, silk
cords, tassels, bath robe girdles, gimps ,and passementerie trimmings
all of a decorative nature and curtains manufactured on knitting
machines.
2. The term member of the Industry includes anyone engaged
in the Industry as above defined, either as an employer or on his
own behalf, and includes anyone who furnishes or contracts for
labor as a part of a larger or further operation in the process
of manufacturing the products of the Industry.
3. The term employee as used herein includes anyone engaged
in the Industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
4. The term employer as used herein includes anyone by whom
any such employee is compensated or employed.
5. The term productive machinery as used herein includes all
machines and hand work equipment used in the manufacturing
processes of the Industry.
6. The terms President", "Act", and "Administrator" as used
herein shall mean, respectively, the President of the United States,
the National Industrial Recovery Act, and the Administrator for
Industrial Recovery.
ARTICLE III-HOURS
1. No office employee shall work or be permitted to work in excess
of forty (40) hours per week, averaged over a period of three (3)
(229)






230


months or forty-eight (48) hours in any one (1) week, or eight (8)
hours in any twenty-four (24) hour period.
2. No other employee shall work or be permitted to work in excess
of forty (40) hours in any one (1) week or eight (8) hours in any
twenty-four (24) hour period, excepting that:
(a) Repair shop crews, engineers, electricians, and firemen shall
be permitted to work 10% in excess of the hours specified above.
(b) Executives and employees in a managerial or supervisory
capacity, who receive $35.00 or more per week, and outside salesmen
are excepted from the maximum hour provisions of this Article.
(c) Watchmen are permitted to work not more than 56 hours per
week.
3. The maximum hours fixed in the foregoing Section shall not
apply to any employee on emergency maintenance or emergency re-
pair work involving breakdowns or protection of life or property,
but in any such special case at least one and one third (11,/) times his
normal rate shall be paid for hours worked in excess of the maximum
hours therein provided.
At the end of each calendar month every employer shall report
to the Code Authority hereinafter provided for, in such detail as may
be required, the number of man-hours worked in that month in
cases of emergency and the ratio which said emergency man-hours
bear to the total number of man-hours of labor during the month.
4. Members of the Industry shall not operate productive machin-
ery for more than two shifts of forty (40) hours each per week.
5. No employee shall work or be permitted to work for a total
number of hours in excess of the number of hours prescribed for
each week and day, whether employed by one or more employers.

ARTICLE IV-WAGES

1. The minimum wage that shall be paid by members of the Indus-
try to any employee shall be at the rate of 321/2 cents per hour.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
3. The weekly compensation for employment now in excess of the
minimum wages herein provided shall not be reduced (notwithstand-
ing that the hours worked in such employment may be hereby re-
duced). Wage differentials existing prior to June 16, 1933, shall
be maintained for all employees receiving $35 per week or less.
4. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.

ARTICLE V-GENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be employed
in this Industry. In any State, any employer shall be deemed to
have complied with this provision, if he shall have on file a certificate
or permit duly issued by the Authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.





i! *



*::....
I..:."
i!..


r


2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives, or
in self-organization, or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
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 assisting a labor organization of
his own choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
5. No provision in this Code shall supersede any State or Federal
law iniposing more stringent requirements on employers, regulating
the age of employees, wages, hours of work, or health, fire, or general
working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees or use any other subterfuge so as to
defeat the purposes of the Act.
7. Each employer shall post in conspicuous places full copies of
this Code.
8. Home work of any kind shall be permitted only for a period
of one month after the effective date of this Code.
9. Until adoption of further provisions of this Code that may
prove necessary in order to prevent any improper speeding up of
the work (stretch-outs) no manufacturing employee in the Industry
shall be required to do any work in excess of the practice as to the
class of work of such employee prevailing on July 1, 1933, or prior
to the Share-The-Work movement unless such increase is submitted
to and approved by the Code Authority created by this Code, and
by the Administrator.
ARTICLE VI-ADMINISTRATION
1. To further effectuate the policies of the Act, a Code Authority
is hereby constituted to cooperate with the Administrator in the ad-
ministration of this Code.
(a) The Code Authority shall consist of 9 individuals or such
other number as may be approved from time to time by the Admin-
istrator, to be selected as hereinafter set forth. The Administrator,
in his discretion, may appoint not more than three (3) additional
members without vote to represent the Administrator or such groups
or interests as he may determine.
(b) Five members of the Code Authority shall be selected by the
Board of Directors of the Allied Drapery and Upholstery Trimming
Association, and 4 members may be selected by members of the In-
dustry, not members of this Association, by a fair method, approved
by the Administrator.
(c) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall: (1) Impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of associa-
tion, bylaws, regulations, and any amendments when made thereto,


231






232


together with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
(d) 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.
2. The Code Authority shall have the following duties and powers
to the extent permitted by this Act. The Administrator shall have
the right to review and veto any action taken by the Code Authority.
(a) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in this In-
dustry, as they may develop, which will tend to effectuate the opera-
tion of the provisions of this Code. Such recommendations, when
approved by the Administrator, shall have the same force and effect
as any provisions of this Code.
(b) The Code Authority shall cooperate with the Administrator
in making investigations as to the functioning and observance of
any provisions of this Code, at its own instance or on complaint by
any person, and report the same to the Administrator.
(c) Members of the Industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to participate 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 expense of its administration. The
reasonable share of the expenses of the administration shall be deter-
mined by the Code Authority, subject to approval by the Adminis-
trator, on the basis of volume of business and/or such other factors
as may be deemed equitable to be taken into consideration.
(d) Members of the Industry shall file with the Code Authority,
at such times and in such manner as may be prescribed, statistics
covering number of employees, wage rates, employee earnings, hours
of work, production, shipments, stocks, prices, and such other data
pertinent to the effectuation of the purposes of this Code as may be
required by the Administrator.
3. In addition to the information required to be submitted to
the Code Authority, there shall be furnished to government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.

ARTICLE VII-TRADE PRACTICES
1. No member of the Industry shall sell or exchange any product
of the Industry below his own cost when and if same may be deter-
mined as herein provided, except to meet the competition of any
member of the Industry whose price is not less than his own cost.
When a uniform and standard system of cost accounting, prescribed
by the Code Authority, shall be approved by the Administrator,
every member of the Industry shall use a system of accounting which
conforms to the principles of and is at least as detailed as such






' .;..






"J:
: "
V:,.;.:


system. The Code Authority shall, subject to the approval of the
administrator, determine the cost factors to be included in such
system.
2. The following unfair trade practices are prohibited:
(a) The giving, permitting to be given, or directly offering to give,
anything of value for the purpose of influencing or rewarding the
action of any employee, agent, or representative of another in rela-
tion 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. This provision shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used for commercial bribery as hereinabove defined.
(b) The secret payment or allowances of rebates, refunds, com-
missions, 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 purchasers on like
terms and conditions.
(c) The.branding or marking of any product of the Industry in
any manner which tends to deceive or mislead purchasers, with
-respect to the grade, quality, quantity, origin, size, material content,
or preparation of such product.
(d) Selling on more liberal terms than 2% 10 days E.O.M.


ARTICLE VIII-MODEFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial Re-
covery Act, from time to time, to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act,
and specifically but without limitation to the right of the President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
2. After due notice and hearing, this Code, except as to provisions
required by the Act, may be modified on the basis of experience or
changes in circumstances; such modifications shall be based on the
recommendation of the Code Authority or of any interested party
or group or on the Administrator's own initiative and shall become
effective on approval by the Administrator.

ARTICLE IX

When another Code shall be approved by the President covering
processes or operations in which this Industry or any part thereof
engages, the provisions of such Code shall supersede any provisions
of this Code covering such Processes or operations.

ARTICLE X-MONOPOLIES, ETC.

No provision in this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.


r w


233





.4 : ".'." .. ':
, *


234


AnrlCLE XI-EFFECTITV DATE AND TERMINAATIO ..

This Code shall become effective on the 10th day after date.
It shall continue in effect for a period of six (6) months after such
effective date. This time may be further extended or shortened upon
application of the Code Authority approved by the Administrator.
Approved Code No. 212.
Registry No. 280-1-02.

O


:::

-. :;: :3
.:': :*: ,.: .j,^