Proposed code of fair competition for the wholesale machine-made lace and embroidery industry

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Material Information

Title:
Proposed code of fair competition for the wholesale machine-made lace and embroidery industry
Physical Description:
7 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Gov. Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Lace and lace making -- Law and legislation -- United States   ( lcsh )
Textile industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Registry No. 231-11"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004884708
oclc - 63654282
System ID:
AA00007840:00001

Full Text
UNIVERSITY OF FLORIDA


3 1262 08486 7711 Registry No.


NATIONAL RECOVERY ADMINISTRATION




PROPOSED CODE OF FAIR COMPETITION

FOR THE


WHOLESALE MACHINE-MADE LACE


AND EMBROIDERY INDUSTRY

AS SUBMITTED ON SEPTEMBER 1, 1933


WE DO OUR PART
U i ",'. c -t : t



,- .

U.*. D'..r. ."'Toy *f

SThe Code for the Wholesale Machine-Made Lace and Embroidery Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933


231-II
I


For ale by the Superintendent of Documents. Washington, D.C. -


- Price 5 cents










































SUBMITTED BY

EMBROIDERY MERCHANTS ASSOCIATION, INC.
(n)












APPLICATION TO THE PRESIDENT OF THE UNITED
STATES FOR APPROVAL OF A CODE OF FAIR COMPETI-
TION FOR THE MERCHANTS ENGAGED IN THE WHOLE-
SALING OF MACHINE-MADE LACES AND EMBROIDERIES
UNDER THE PROVISIONS OF SECTION 3 OF TITLE I OF THE
STATUTE ENTITLED "AN ACT TO ENCOURAGE NATIONAL
INDUSTRIAL RECOVERY, TO FOSTER FAIR COMPETITION, AND
TO PROVIDE FOR THE CONSTRUCTION OF CERTAIN USEFUL
PUBLIC WORKS, AND FOR OTHER PURPOSES"

1. Deflnitions.-The term "Lace and Embroidery Merchants as
used herein, is defined to mean those engaged in the wholesale dis-
tribution of the products of the Levers, Go-through, Mechlin, Bob-
binet, Barmen Circular, Pusher, Schiffli, and other embroidery
machines, other than manufacturers.
2. This application is made by the Embroidery Merchants Asso-
ciation, Inc., represented by a committee of its Board of Directors
consisting of Lewis H. Hollander of L. H. Hollander & Company
of New York City; H. Albert Philips of the American Fabrics Com-
pany of Bridgeport, Conn.; Herbert Lehmann of J. & H. Lehmann,
Inc., of New York City; Nat Rann of Wasserman & Rann, Inc., of
New York City; Kurt Lehman of Lido Embroidery Company of
New York City; Edwin Lichtig of Edwin Lichtig, Inc., of New
York City; and Clement J. Driscoll, Executive Director of the Em-
broidery Merchants Association, Inc. This Association represents
approximately 75C of the wholesale distribution of domestic em-
broideries. The Association has imposed no inequitable restrictions
on admission to its membership and believe it is truly representative
of the Embroidery Merchants of the United States.
3. The Embroidery Merchants Association. Inc., has been in exist-
ence for more than a year, and is the only Association representing
the wholesalers of domestic laces and embroideries exclusive of
manufacturers.
4. The Committee of the Board of Directors listed above has been
constituted for the purpose of cooperating with the President in
effectuating the purposes of the National Industrial Recovery Act
by formulating provisions for a code of fair competition for the
trade. It has been actively engaged in ascertaining the views of
the various units engaged in our trade, and is familiar with and
has a wide knowledge of the conditions of the trade.
5. This committee has received the unqualified authorization of
approximately three fourths of the sales volume of the embroidery
merchants to act on their behalf with respect to the formulation and
adoption of a Code of Fair Competition. inder the National Indus-
trial Recovery Act.
6. This application is hereby made under the provisions of Section
3 of Title I of the National Industrial Recovery Act for approval by
the President of the proposed Code of Fair Competition for the
9142-:M:{ -I1







merchants engaged in whiolesaling of machine-made laces and em-
broideries, submitted herewith and attached hereto.
7. To assist in carrying out the provisions and purposes of the
National Industrial Recovery Act and rules and regulations made
pursuant thereto and the Code of Fair Competition submitted here-
with and for the formulation of such further code provisions as may
be necessary to insure fair competition and to effectuate the provi-
sions of the Act, it is requested that the Embroidery Merchants
Association, Inc., be constituted as an agency for these purposes.
Respectfully submitted.
EMBROIDERY MERCHANTS ASSOCIATION, INC.,
By CLEMENT DRISCOLL, Executive Director.
Code Committee of Board of Directors:
LEWIS H. HOLLANDER, H. ALBERT PHILIPS,
L. H. HOLLANDER & Co. AMERICAN FABRICS CO.
HERBERT LEHMANN, NAT RANN,
J. & H. LEHMANN, INC. WASSERMAN & RANN, INC.
KURT LEHMAN, EDWIN LICHTIG,
LIDO EMBROIDERY Co. EDWIN LICHTIG, INC.
AUGUST 21, 1933.












COPY OF THE PROPOSED CODE OF FAIR COMPETITION
FOR THE MERCHANTS ENGAGED IN THE WHOLESALING
OF MACHINE-MADE LACES AND EMBROIDERIES

To effectuate the policy of Title I of the National Industrial Re-
covery Act, during the period of the emergency by reducing and
relieving unemployment, improving the standards of labor, elimi-
nating competitive practices destructive of the interests of the pub-
lic, employees and employers, relieving the disastrous effects of
overcapacity, and otherwise rehabilitating -the business of selling
machine made embroidered fabrics, embroideries, and laces, and by
increasing the consumption of industrial and agricultural products
by increasing purchasing power, and in other respects, the follow-
ing provisions are established as a code of fair competition for
the lace and embroidery merchants:

I

Definitions.-The term Lace and Embroidery Merchants" as
used herein, is defined to mean those engaged in the wholesale dis-
tribution of the products of the Levers-Go-Through, Mechlin, Bob-
binet, Barmen Circular, Pusher, Schiffli, and other embroidery
machines, other than manufacturers.
The term "employees as used herein, shall include all persons
employed in the conduct of the wholesale distribution of laces and
embroideries.
The term employers shall mean all persons who employ labor
in the conduct of the wholesale distribution of laces and embroideries.
The term effective date" as used herein is defined to be the
second Monday after the approval by the President of the United
States, of this Code, or any part thereof or addition thereto.

The term persons shall include natural persons, partnerships,
associations, trusts, including trustees in bankruptcy and receivers
and corporations.
II

On and after the effective date, the minimum wage that shall be
paid by employers in the wholesale distribution of laces and em-
broideries to any of their employees shall be at the rate of $13.00
per week for forty hours of labor.

III

On and after the effective date employers in the wholesale distri-
bution of laces and embroideries shall operate on a schedule of forty
hours of labor for all employees with the exception of the executive








heads of various departments who earn more than $30.00 per week,
and all salesmen.
On and after the effective date employers in the wholesale distri-
bution of laces and embroideries shall not employ any minor under
the age of sixteen years.
IV

With a view to keeping the President informed as to the observance
or nonobservance of this Code of Fair Competition, and as to whether
the Inve and embroidery merchants are taking appropriate steps to
effectuate the declared policy of the National Industrial Recovery
Act, each person engaged in the wholesale distribution of laces and
embroideries agrees to furnish, duly certified reports in substance as
follows and in such form as may hereafter be provided.
(a) Returns for every four (4) weeks, showing for each of the
four (4) weeks, immediately preceding, the following:
1. Maximum hours worked by any employee.
2. Minimum rate per week paid to any employee.
(b) Returns every four (4) weeks, showing the total number of
employees in each individual concern.
The Embroidery Merchants Association, Inc., 1457 Broadway,
New York City, is constituted the agency to collect. and receive such
reports, to administer this Code and to collect from each merchant
engaged in the wholesale distribution of laces and embroideries the
necessary funds to properly administer this Code.

V
To further effectuate the policies of the Act, the Embroidery Mer-
chants Association, Inc., the applicants herein, or such committee or
committees as may hereafter be constituted by the action of the Em-
broidery Merchants Association, Inc., is set up to cooperate with the
Administrator as a planning and fair practice agency for the whole-
sale distribution of laces and embroideries. 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 tinie
which will tend to effectuate the operation of the provisions of this
Code and the policy of the National Industrial Recovery Act, and
in particular along the following lines:-
(a) Recommendations for the regulating of copying of designs of
laces and embroideries.
(b) Recommendations to promote the stabilization of the indus-
try to prevent and eliminate unfair and destructive competitive prices
and practices.
(c) Recommendations to the prosecution as violation of the terms
and provisions of this Code, misleading, advertising, misbranding,
and mislabeling, and false invoicing, same to be deemed as fraudu-
lent and deceptive practices. Complaints effecting the above shall
be reviewed by an Arbitration Board selected in accordance with
the rules and regulations of the American Arbitration Society.
(d) Recommendations that the Code provide that inducing breach
of contracts, espionage, piracy of designs, enticement of employees,
imitation of trade names, etc., shall be deemed as to be misappro-








priation of competitors' business and shall be punishable as a viola-
tion of this Code. Complaints concerning such cases shall be heard
by an Arbitration Board selected in accordance with the rules and
regulations of the American Arbitration Society.
Such recommendations, after hearing and when approved by the
President of the United States, shall have the same force and effect
as any other provisions of this Code.
VI
The same agency is also 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 complaint
by any person affected, and to report the same to the Administrator.
VII

The same agency is also prescribed for the purpose of cooperating
with the domestic lace and manufacturing industry and the do-
mestic embroidery manufacturing industry to the end that this Code
be made effective and maintained insofar as their respective industry
may determine as to the sale and distribution of laces and em-
broideries in the United States is concerned.
The constituted agency is empowered:
1. To administer the provisions of this Code.
2. To formulate the rules for the operation of this Code.
3. To hear complaints against any member charged with the
violation of this Code or the National Industrial Recovery Act, and
dispose of such complaints as it may see fit.
4. To institute proceedings against any person or persons for the
violation of this Code or the National Industrial Recovery Act.
5. To make or cause to be made investigations of the business of
any person or persons, namely, the books of account, in order to
insure the observance of and compliance with the provisions of this
Code and the National Industrial Recovery Act.
6. To recommend to the Administrator the licensing of a person
or persons engaged in the wholesale distribution of laces and em-
broideries who do not conform to the provisions of this Code.
7. To obtain such trade statistics and information from persons
in the industry as it may deem prudent for the surveys and compile
such reports as it may deem proper for the best interests of the
industry.
VIII
The Embroidery Merchants Association, Inc., shall make no in-
equitable requirements for admission and it shall be representative
of the lace and embroidery merchants. Any person, partnership, or
corporation engaged in the wholesale distribution of laces and em-
broideries may become a member of this organization.
IX
This Code is not designed to promote monopolies nor shall it be
administered so as to eliminate or oppress small enterprises and it
will not operate to discriminate against them.








X

It shall be deemed a violation of this Code to give or permit to be
given to any buyer, customer, or individual, directly or indirectly,
any allowance, rebate, commission, or refund, in the form of money
or otherwise.
XI

The established terms of this industry shall include no greater
discount than 8 percent, ten days, end of month; or 7 percent, ten
days, 60 days extra, on laces, trimmings, and neckwear; and 2 per-
cent, ten days, end of month for embroidery work done on customer's
material; and 3 percent, ten days, end of month, or 2 percent, ten
days, 60 days extra on all other embroidered materials, with no
additional' dating on any bills.
These terms of the industry shall include no greater discount
other than those mentioned above. It is understood, however, that
where payment is made on the basis of ten days, end of month, it
shall be permissible to grant dating as of the first of the following
month on shipments made on and after the 25th of the month.
Anticipations of the payment may be allowed at no more than at
the rate of 6% per annum. Any deviation or variations from the
above established terms of sale, directly or indirectly, shall be
deemed a violation of this Code.

XII

It shall be deemed a violation of this Code for goods to be billed
on memoranda, with the exception of sample pieces to customers,
and in the event that such goods not being returned within ten days,
they are to be charged as of the date of shipment.

XIII

Where the costs of executing contracts entered into with the
embroidery merchants prior to the approval of the President of the
United States of this Code are increased by the application of the
provisions of that Act to the industry, it is equitable and promotive
of the purposes of the National Industrial Recovery Act, and appro-
priate adjustments of such contracts to reflect such increased costs
be arrived at by arbitral proceedings or otherwise, and the Em-
broidery Merchants Association, Inc., is constituted an agency to
assist in effectuating such adjustments:

XIV

Employers in the wholesale distribution of laces and embroideries
shall comply with the requirements of the National Industrial Re-
covery Act as follows: "(1) 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 bargaiining or other mutual
aid of protection; (2) that no employee and no one -eeldiig employ-
ment 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 (3) 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.
XV

This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of Clause 10 (b) of the National Industrial Recovery Act, from time
to time to cancel or modify any order, approval, license, rule, or
regulations. issued under Title I of said Act, and specifically 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.

XVI

Such of the provisions of this Code as are not required to be
included therein, by the National Industrial Recovery Act, may
with the approval of the President, be modified or eliminated as
changes in circumstances or experience may indicate. It is con-
templated that from time to time supplementary provisions of the
President to prevent unfair competition in price and other unfair
and destructive competitive practices and to effectuate the other
purposes and policies of Title I of the National Industrial Recovery
Act consistent with the Provisions thereof.
Submitted by:
CLEMENT J. DRISCOLL,
Executive Director.
Code Committee:
LEWIS H. HOLLANDER, IH. ALBERT PHrILS,
L. H. HOLLANDER & CO. AMERICAN FABRICS Co.
HERBERT LEHMANN, NAT RANN,
J. & H. LEHMANN, INC. WASSERMAN & RANN, INC.
KURT LEHMAN, EDWIN LICHTIG,
LIDO EMBROIDERY CO. EDWIN LICHTIG, INC.
EMBROIDERY MERCHANTS ASSOCIATION, INC.,
1457 Broadway, New York, N.Y.












































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