Code of fair competition for the umbrella industry

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Material Information

Title:
Code of fair competition for the umbrella industry as approved on October 9, 1933 by President Roosevelt
Physical Description:
iv, 7 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Umbrella industry -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
At head of title: National Recovery Administration.
General Note:
Registry no. 1661-1-01.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004929432
oclc - 48023225
lccn - 33026670
System ID:
AA00007825:00001

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NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


UMBRELLA INDUSTRY


AS APPROVED ON OCTOBER 9, 1933
BY

PRESIDENT ROOSEVELT


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933


For sale by the Superintendent of Documents. Washington. D.C. - Price 3 cents


Registry No. 1661-1-01
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UNIV. OF FL Lia.


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U.S. DEPOTOfRY




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This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C;, and by district offices of the Bureau of
Foreign and Domestic Commerce.


DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: i04 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, Tsx.: Chamber of Commerce Building.
Detroit, Mich.: 2213 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.: Room 405, 421 West Market Street.
Memphis. Tenn.: 266 South Water Street.
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.: Room 812, 20 South Fifteenth Street.
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.: 1406 Vance Building.


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SUBMITrED BY


NATIONAL UMBRELLA MANUFACTURERS' ASSOCIATION
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EXECUTIVE ORDER


CODE OF FAIR COMPETITION UMBRELLA 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 my approval of a Code
of Fair Competition for the Umbrella Manufacturing Industry, and
hearings having been held thereon and the Administrator having
rendered his report containing an analysis of the said Code of Fair
Competition together with his recommendations and findings with
respect thereto, and the Administrator having found that the said
Code of Fair Competition complies in all respects with the pertinent
provisions of title I of said act and that the requirements of clauses
(1) and (2) of subsection (a) of section 3 of the said act have
been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt. and approve the report, recommendations and
findings of the Administrator and do order that the said Code of
Fair Competition be and is hereby approved, subject to the fol-
lowing conditions:
(1) To effectuate further the policies of the act, a Planning and
Fair Practice Agency for the Umbrella Manufacturing Agency be
created to cooperate with the Administrator, which Agency shall
consist of the thirteen members of the Executive Committee, ap-
proved by the Administrator, and three members without vote
appointed by the Administrator.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE,
October 9, 1933.
Approval recommended:
HUGH S. JOHNSON,
Administrator.


15080-- 133-200----33


(II)
























OCTOBER 4, 1933.
The PRESIDENT,
The White House.

MY DEAR AMR. PRESIDENT: I have the honor to submit and recom-
mend for your approval, the Code of Fair Competition for the
Umbrella Manufacturing Industry.
An analysis of the provisions of the Code has been made by the
Administrator. So far as can be judged in advance of actual op-
eration the Code as it stands is in the main equitable and adequate.
I find that the Code complies with the requirements of clauses 1 and
2, subsection (a) of section 3 of the National Industrial Recovery
Act.
Respectfully submitted.
HUGH S. JoHNSON,
Administrator.
(IV)














CODE OF FAIR COMPETITION FOR THE UMBRELLA
MANUFACTURING INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policies of Title 1 of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Umbrella Manufacturing Industry, and,
upon approval by the President, shall be the standard of fair com-
petition for this industry.

ARTICLE II-DEFINITIONS

Whenever used in this Code, the terms hereinafter in this Article
set forth shall, unless the context otherwise clearly indicates, have
the respective meanings set forth in this article. The definition of
any such term in the singular shall apply to the use of such term in
the plural and vice versa.
The term "The Industry means and includes the business of
manufacturing umbrellas, parasols, and covers thereof.
The term "Member of the Industry means and includes any
person, firm, trust, corporation, or association engaged wholly or
in part in the business of manufacturing umbrellas, parasols, and
covers thereof.
The term "Association means the National Association of Um-
brella Manufacturers, Inc., a New York membership corporation.
The term Employee as used herein includes any person engaged
in any phase of the Industry in any capacity, irrespective of the
method of the payment of such person's wages.
The term Effective Date of the Code wherever used herein
means the first Monday after the date on which the Code shall have
been approved by the President pursuant to the National Industrial
Recovery Act.
ARTICLE III-HounR

1. No employer shall employ any employee more than five (5)
days in any one week or in excess of forty (40) hours per week, or
in excess of eight (8) hours in any one day. The provisions of this
section shall apply to salesmen, officers, and directors of manufactur-
ing corporations, partners in, or individual owners of, manufactur-
ing plants, when such designated persons are engaged in the actual
manufacture of products in the industry.
(a) The maximum hours fixed in Section 1 shall not apply (1) to
employees in a managerial or executive capacity, who now receive
more than thirty-five dol-lars ($35.00) per week, nor (2) to outside
saismen who devote their entire time to selling.
111









(b) The maximum hours per day fixed in Section 1 shall not apply
to employees engaged in emergency repair-work, and in no case shall
employees, so engaged in such work, exceed the total of sixteen (16)
hours work in two successive days. Time and one third shall be
paid for all hours in excess of eight (8) in any one day.
(c) The maximum hours fixed in Section 1 shall pot apply to
watchmen who shall work not to exceed a total of eighty-four (84)
hours in any 2-week period, same to consist of three 12-hour shifts
in one week and four 12-hour shifts in the succeeding week.
2. To further effectuate the policies of the National Industrial Re-
covery Act manufacturers of umbrellas shall not work more than
one shift. of employees on the basis of hours and schedule of pay
herein outlined. In the event it becomes necessary to work more
than one shift, application for amendment to this provision shall be
made to the Planning and Fair Practice Agency herein established
who shall, after proper investigation, petition the Administrator for
a ruling on the point in question.

ARTICLE IV-WAOES

1. The minimum hourly wages that shall be paid by any employer
to any employee in Metropolitan New York, which is hereby inter-
preted to mean an area within fifty (50) miles of Times Square,
New York City, shall be at the following rates: cutters sixty-five
cents (650); operators forty-two and a half cents (42y2) ; tippers
forty cents (40) ; and examiners, finishers, counters, steamers, and
shippers thirty-five cents (351).
(a) Outside of Metropolitan New York, as defined in the pre-
ceding paragraph, the minimum hourly wages that shall be paid by
any employer to any employee shall be at the following rates: cutters
sixty cents (60); operators forty cents (400); tippers thirty-seven
and a half cents (37,-t) ; and examiners, finishers, mounters, steam-
ers, and shippers thirty-two and a half cents (3219,).
(b) Except as hereinbefore provided, the minimum wages that
shall be paid to any employee of this Industry shall be at the rate of
fourteen dollars ($14.00) per week in Metropolitan New York, as
hereinbefore defined, and thirteen dollars ($13.00) per week outside
of Metropolitan New York, as hereinbefore defined, except as follows:
2. Learners, who are hereby defined to be persons having less than
six (6) weeks of experience in the Umbrella Manufacturing In-
dustry, may be paid eighty percent (80%) of the wages hereinbefore
provided to be paid for each separate and general classification here-
inbefore set forth; provided, however, that the number of learners
during any calendar month shall not exceed five percent (5%) of the
total number of employees.
3. Where, because of infirmities due to age, it is not possible for
an employee working on a piecework basis to earn the hourly rates
herein provided, the Planning and Fair Practice Agency may, with
the approval of the Administrator, permit such employees to con-
tinue in employment at a minimum rate of not less than eight dollars
($8.00) per week: provided, however, that they shall be paid the
same rate per piece as other workers. Such employees shall n7 in
any case, exceed more than five percent (5%) of the total numl of









employees regularly employed. Any employer having such infirm
employees in his employ shalL, in his petition to the Planning and
Fair Practice Agency, set forth the length of time which said person
has been in his employ, the amount of wages earned per week dur-
ing the preceding six (6) months, the age of the person, the sex, the
kind of work performed, the hours worked, and the infirmity which
prevents earning the minimum wage. This provision shall apply
only to those now in the employ of the Member of the Industry who
petitions for the continuance of their employment and who had said
employees in his employ on or before July 15, 1933.
4. To avoid frustration of the wage provisions of this Code, by
changing from hour to piece work or other rates, it is hereby pro-
vided that the minimum wage provisions in this Code establish a
guaranteed minimum rate of pay per hour of employment, regard-
less of whether the employees' compensation is otherwise based on
a time rate, piecework, or other basis of performance.
5. The weekly compensation for employment now in excess of
the minimum wages hereby agreed to (notwithstanding that the
hours of work in any such employment may be hereby reduced)
shall not be reduced, and it is hereby declared to be the policy of
the Industry to increase such pay for such employment by an
equitable readjustment of all pay schedules. It shall be the func-
tion of the Planning and Fair Practice Agency provided for in
Article VII, Section 2 of the Code, to observe the operation of these
provisions and recommend to the Administrator such further pro-
visions as experience may indicate to be appropriate to effectuate
their purposes.
ARTICLE V-CHILD LABOR

Employers shall not employ, nor have in their employ, any per-
son under the age of sixteen (16) years; provided, however, that
where a State law specifies a higher minimum age no member of
this industry shall employ within that State a person below the age
specified by such State law.

ARTICLE VI-HOME WORK

Home work in this Industry is prohibited.

ARTICLE VII-ADMINISTRATION

1. With a view to keeping the President informed as to the observ-
ance or nonobservance of this Code of Fair Competition and as to
whether the industry is taking proper steps to effectuate the declared
policy of the National Industrial Recovery Act, each member of the
Industry will furnish duly certified reports in substance as follows
and in such form as may hereafter be provided, subject to the ap-
proval of the Administrator.
(a) Wages and hours of Labor: Returns every four weeks show-
actual hours worked by the various groups of employees and mini-
mum weekly rates of wages.
(b) Machinery data: Returns every four weeks specifying the
number of machines as set up, the number of machines actually in







4

operation each week, and the total number of work hours for each
machine each week, and the number of machines owned and the
number of machines hired.
(c) Reports of production: Monthly returns showing production
in terms of the commonly used unit, umbrellas and parasols, as well
as stocks on hand and such other information as the Administrator
may request.
(d) The Association is constituted the Agency to collect and re-
ceive such reports, which are to be kept confidential, and compiled in
such manner as not to reveal the identity of the individual employer
concerned.
2. To further effectuate the policy of the Act, a Planning and Fair
Practice Agency is hereby set up to cooperate with the Administra-
tor, and to explain the provisions of this Code for the Industry, with
the approval of the Administrator. Said Agency shall consist of
members of the Executive Committee of the Association.
Such Agency is also set up to cooperate with the Administrator
in making investigations as to the functioning and observance of any
of the provisions of this Code at its own instance or on a complaint
by any person affected and to report the same to the Administrator.
Such Agency may from time to time present to the Administrator
recommendations based on conditions in the Industry as they may
develop from time to time, which will tend to effectuate the provi-
sions of this Code and the policy of the National Industrial Recovery
Act.
3. The Agency may, with the approval of the Administrator, from
time to time appoint such committees as it shall deem necessary or
proper in order to effectuate the purposes of the Code and delegate
to any such committee its general or any particular powers hereunder.
4. Any member of the Industry is privileged to take part in any
and all activities of the Association having to do with the Code for
the Industry, and to receive such reports concerning Code activities
as may, from time to time, be sent to members of the Association, and
in every other way to directly and indirectly participate in the Code
work of the Association, either by becoming a member of the Asso-
ciation and paying to the Association the dues provided to be paid
by a member of like standing, or by becoming a Code Associate and
paying to the Association a pro rata share of the costs of carrying
on the Code work of the Association.
ARTICLE VIII-PRICES AND TERMS OF PAYMENT

1. Members of the Industry shall not sell any products or acces-
sories below cost. The Planning and Fair Practice Agency may,
with the approval of the Administrator, from time to time, require
employers to furnish complete information relating to their costs,
which shall be verified by a Certified Public Accountant.
2. It is the judgment of the Industry that an accurate knowledge
of costs is indispensable to intelligent and fair competition. The
Planning and Fair Practice Agency shall, with the approval of the
Administrator, provide a system of Cost Accounting, capable of
uniform application in the Industry. No employer shall sell any










product below the cost as determined by the application of this
formula to his operations.
3. All shipments shall be made f.o.b. factory or f.o.b. the cities of
regularly established sales offices of the shipper. For the purpose of
this provision an office shall mean a regular sales office and not
merely the resident or office address of a salesman or shipper.
4. A uniform system of discounts is hereby established as follows:
2% 10 days, 60 days extra; 3% 10 days, end of month; 3% 10 days,
receipt of goods.
ARTICLE IX-UNFAIR METHODS OF COMPETITION
1. For all purposes of the Code the following described acts shall
constitute unfair methods of competition.
(a) Commercial bribery in any form, commissions or presents to
employers for the purchasers, over-liberal entertainment, paying or
allowing secret rebates, unearned discounts, refunds, credits or con-
cessions in the form of free goods, advertising allowances, secret
transportation allowances, or the like, or any other act which will
directly or indirectly affect any of the foregoing acts.
(b) Inducing the breach or attempting to prevent the performance
of any contract.
(c) The misbranding or false marking of products of the industry
or any misrepresentation in connection with the sale thereof for the
purpose or with the effect of misleading or deceiving purchasers.
(d) Payment of allowances by secret rebates, refunds, credits,
unearned discounts in any form.
(e) Any statement, written or oral, or any act constituting a false
disparagement of the weight, substance, strength, grade, or quality
of the products of any other member of the Industry, or reference
to any deceptive tests or false statements, written or oral, regarding
price quoted by any member of the Indu-stry, or regarding the credit
standing or ability of any member of the Industry, to perform alny
contractual obligation, or to the condition of employment among
the employees of any member of the Industry.
(f) The making of false reports of capacity, production, inven-
tories, sales, orders, or shipments.
(g) Making or giving to any purchaser of any product any
guaranty of protection in any form against the decline in the market
price of such product.
(h) The sale, shipment, or delivery of products on consignment
or on terms other than regular terms.
(i) Stating in the invoice of any product as the date thereof a
date other than the actual date of the shipment of such product or
of the original contract of sale.
(j) Contracting for labor to be performed on premises other than
the regular plant or plants of tile member of the Industry entering
into the contract, provided, that for good cause shown, the Planning
and Fair Practice Agency, with the approval of the Administrator,
may permit products to be manufactured for any member of the
Industry in the plant or plants of any other member of the Industry.
(k) Failing to clearly mark on invoice the nature and quality of
goods sold as seconds, outmoded merchandise, sample lines, or shop-









worn items. In no case shall a manufacturer classify and/or sell as
seconds more than three per cent (3%) of his total production except
that those manufacturers, who customarily manufacture umbrellas
from old, second-hand, damaged, or otherwise imperfect umbrella
covers, gores, or parts, shall be permitted to manufacture and sell
umbrellas of this class, but no such umbrella shall be offered for sale,
rior shall it be sold, unless there is firmly sewn on the selvage of the
umbrella cover, next to the handle, a label plainly marked in Eng-
lish "made of second hand materials ". Material of the label shall
be different in color from the material used in the cover so that it
will be clearly discernible.
(1) The acceptance of returned merchandise for credit except for
defects in material end/or workmanship, or error in the shipment
thereof or for error in original billing.
(m) Shipment, sale, or offer to sell or dispose of assorted lots of
umbrellas unless the quantities of each classification (designated
according to covering fabric) and the price of each of them is clearly
stated on the invoice or bill.
(n) Aiding or abetting any person, firm, association, or corpora-
tion to use any unfair method of competition.
(o) Any violation of any other provision of the Code, whether
or not herein expressed to be such, or using or employing any prac-
tice not hereinabove specifically described, which the Planning and
Fair Practice Agency for the Code shall, upon the approval of the
Administrator of the National Industrial Recovery Act, have de-
clared to be a practice that would tend to defeat the policy of Title I
of the National Industrial Recovery Act and, therefore, an unfair
method of competition, and of which determination by such Agency
and the Administrator, notice shall have been given to the members
of the Industry, in such form as the Agency, subject to the approval
of the Administrator, shall designate.

ARTICLE X-GENERAL

1. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from interference, restraint, or coercion of employers of labor,
or their agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
2. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
3. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
4. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of Sub-section (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, 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.
5. Where the costs of executing contracts entered into in the
Umbrella Manufacturing Industry prior to the approval of the
President of the United States of this Code are increased by the
application of the provisions of the National Industrial Recovery
Act to the Industry, it is equitable and promotive of the purposes
of the National Industrial Recovery Act, that appropriate adjust-
ments of such contracts to reflect such increased costs he arrived at
by arbitral proceeding or otherwise, and the Association is consti-
tuted an agency to assist in effecting such adjustments.
6. In order to enable the Industry to conduct its operations, sub-
ject to the provisions of the Code; to establish fair trade practices
within the Industry, and with those dealing with the Industry, and
otherwise to effectuate the purpose of Title I of the National Indus-
trial Recovery Act, supplementary provisions of this Code or addi-
tional Codes may be submitted from time to time for the approval
of the President.
7. Within each State, this Code shall not supersede any laws of
such State imposing more stringent requirements regulating the
age of employees, wages, hours of work or health, fire, or general
working conditions, than under this Code.
8. 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.
9. 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.

I, Philip O. Dietsch, do hereby certify that I am the duly ap-
pointed Managing Director of the National Umbrella Manufacturers
Association, Inc., and further certify that the foregoing is a true
copy of the Code of Fair Competition for the Umbrella Manufac-
turing Industry submitted to the Administration under the Na-
tional Industrial Recovery Act, as amended by authority of the
Executive Committee of the National Umbrella Manufaeturers Asso-
ciation, Inc.
PHILIP 0. DIETSCH, MaInaging Director.
SEPTEMBER 30, 1933.




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