UNIVERSITY OF FLORIDA I
11111111l 111 IIIHI 11IIII III11 .lii Niill l .. .. ..
3 1262 08486 7869 "
S. ;i.. :' Registry No. 226-1-06
7i : IONAL RECOVERY-ADMINISTRATION
CpIi OF FAIR COMPETITION
'ELTY CURTAIN DRAPERIES
HEADS, AND NOVELTY PILLOW
1' :2 .:AS APPROVED ON NOVEMBER 1, 1933
:,,." .PRESIDENT ROOSEVELT
DOOUl PAi T
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1. Executive Orde
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2. Letter of Transmittal
GOv RNmmTa PAINTING OFFICE
WASRBNGTON mI 933
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a |fWfllHDoluma ehti - Price 5 cents
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This publication is for sale by.the Superintendent of Documents, OiB
Printing Office, Washington, DIC,; and by district offices of thiBu~~
Foreign and Domestic Commerce. '. .i
DISTRICTOFFICES O THEU I.PARTMENT OF COMME C ..,
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 C iaimh .' h i ..
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston S.C.: Chamber of Commerce Building.,
Chicago, Il.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First.Natilasl: Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamiber of Conimerce Building.
Jacksonville, Fla. Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baitimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 ,Fderal Building.
Memphis, Tenn-.:" 229 deal Building.
Minneapolis, Minn.:' 21 Federal Bilfding.
New prJ ,p La.: Rbon 225-A, Customhouse.
,Ne Y N.Y.: 734 CIstohoue
Xbtfl',I 4.; Aq6 6 l u lume Street.
Philadelphia, Pa'.: 93 Cmmercial Trust Building.
Pittsburgh, Pa.: Chbmer of Commerce Building.:
Portland, Oreg.: ,215 6 Post Office Building.
St. Louis, Mo.- 506 Qve Street.
a. Franc isq,\sbl: 310 Customhouse.
Seattle, I 1v;:,: Federal Building.
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.. ...EXECUTIVE ORDER
iQiCo o FAIR COMPETITION FOR THE NOVELTY CURTAINS, DRAPERIES,
BEDSPREADS AND NOVELTY PILLOW INDUSTRY
i.-:application having been duly made, pursuant to and in full
~c ppliance with the provisions of title I of the National Industrial
c:| ove.ry Act, approved June 16, 1933, for my approval of a Code
lf flair Competition for the Novelty Curtain, Draperies, Bedspreads
i I mNovel ty Pillow Industry, and hearings having been held thereon
a.i' the Administrator having rendered his report containing an
~ .i j sis of the said code of fair competition together with his recom-
,asnV:i ndationsa and findings with respect thereto, and the Administrator
Ih. Moving found that the said code of fair competition complies in all
,ip ects with the' pertinent provisions of title I of said act and that
oiblf: requirements of clauses (1) and (2) of subsection (a) of section 3
Bof: ".the said act have been met:
l:i ':NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
Uh'itied States, pursuant to the authority vested in me by title I of
;" e--... 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
H;: competitionn be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
81, Fi WHITE HOUSE,
PCO. November 1, 1933.
'i:i: approval recommended:
HI'-UGH S.' JOHNSON,
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.i The White House.
&lii. This is a report of the Hearing on the Code of Fair Competi-
g: tin-for the Novelty Curtains, Draperies, Bedspreads, and Novelty
PiflloBws Industry, conducted in the Carlton Room of the Carlton
i..... l on October 2, 1933, in accordance with the provisions of the
~!T:fiooal' Industrial Recovery Act. The Code which is attached
ii: resented by duly qualified and authorized representatives of
:.the Industry, complying with the statutory requirements, said to
I,,":d.':est 80spercent in: number and 90 percent in volume of the
capacity of the Industry.
i::: T INDUSTRYY
S The. Industry comprises between 250 and 300 plants, having an
investment of over $15,000,000.. The number of employees is esti-
mated to have increased from 8,500 to above 10,000. Aggregate
annual sales are estimated at $25,000000 for 1932, the estimate for
the years of 1928, 1929, and 1930 being $32,000,000.
were even DuJLuw brls.
Briefs have been submitted to show that change of operate& l:i
conform to the provisions of the code has resulted in an hourlyJ:
crease averaging about 70t poere ~t oe.e :the largest plants n.
i. ~'OVIsION. :'F THE CODS. : :.."4; ." .
The Code provides for a minimum of 32%$ an hour or a a ra
$13.00 per week of 40 hours. Office workers are limited to. ansav
of 40 hours, but in no easeniore: than 48 hours per week.
employees are limited to 40 hours per week while certain maits|
employees are permitted to work Ap to 44 hours. Emploe
ever, are to receive one and one half times the regular riate f
such excess above 40 hours. Provision is made for the in
of differentials between wages above the minimum. Reportw, 4-i
creases made in accordance with the provisions of th*s de..i
specifically required by its provisions. :;, s
Operations will be limited to one sift of 40 hours: each':'l
Administration of the code is. organized along regional lines. t
visions with respect to representation of nonmembers of the ,:
ciation leave this problem largely in the hands of the A dm-"iniasi.
Provision is made for the reporting of any pertinent informataiw
sired by the Administration. Trade practices are qite ea(mn i
but not in any respect objectionable. :.i
FINDINGS .. :. ,
I find that,- FIND
(a) This code complies in all respects with the pertinent provipiisi
of Title I of the Act, including without limitation subsection (a) t
Section 7 and subsection (b) of Section 10 thereof.
(b) The National Association of Manufacturers of Novelty-@-IL
tains, Draperies, Bedspreads, and Novelty Pillows In.coqpdated "to
be truly representative of the Novelty Curtains, Draperies, B*e4
spreads and Novelty Pillowa Industry. The By-Laws of this .ass
ciation provide no inequitable restrictions to membership.
(c) The code is not designated to promote monopolies or to
nate or oppress small enterprises and will not operate to dis
against them and will tend to effectuate the policy of ftle i..
National Industrial Recovery Act. '.
(d) While not attaining a level of wages comparable t con
existing prior to the depression, the wage: level represents ~a
substantial rise over conditions prevailing prior to the rie
(e) The trade practices should be helpful in b gi ng
orderliness into a highly competitive market. .:,::i
I recommend that the code be approved.
HUGH S. JomHa*ow,.:::
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CODE OF FAIR COMPETITION FOR THE NOVELTY CUR-
.rt~AIN, DRAPERIES, BEDSPREADS, AND NOVELTY PILLOW
.INDUSR ARTICLE I-PURPOSEB
0 effectuate the policies of Title I of the National Industrial
very Act, the following provisions are established as a Code
ii' FaCompetition for the Novelty Curtain, Draperies, Bedspreads,
Novelty Pillow Industry and shall be the standard of fair com-
Nin for such industry and shall be binding upon every member
.l:.1. The. term "Industry" as used herein means and includes the
i, ; or hiring of equipment, or the engaging or hiring of anyone
et~ riang or hiring equipment, to perform the operation of making
!idce goods into novelty curtains, draperies, bedspreads (made by
pNNlttg apart and/or sewing together out of the same materials, or
oitit of the same materials in combination with other materials
iem:'ploying plain or fancy stitching, embroideries, laces, or appliques
Iin conjunction therewith, but excluding bedspreads made out of
oi'.:ine piece of material cut apart for size only), and novelty pillows.
r: :2. The term "Association" as used herein means the National
I;'.ssociation of Manufacturers of Novelty Curtains, Draperies, Bed-
Nie..ppeads, and Pillows, Inc., of 7 East 44th Street, New York City.
3. The term "Employee" as used herein includes anyone engaged
':' "'-'n the Industry in any capacity receiving compensation for his services
N i Q- rr-espective of the nature or method of payment of such compensation.
4. The term "Employer" as used herein, includes anyone by whom
is,:ul uh employee is compensated or employed.
: 5.. The term "Member of the Industry" as used herein includes
P n:o- one engaged in the Industry as above defined, either as an em-
I:l ioylb yer or on his own behalf.
:' ... The term "President", "Act", and "Administrator", as used
j,:: herein, shall mean, respectively, President of the United States, the
N"aitlonal Industrial Recovery Act, and the Administrator of Title I
!: of saids Act.
I ARTICLE III-HOURS
1:l; 1. No office employee in the Industry shall be permitted to work
.:Nta.ei than an average of forty (40) hours per week over each nine (9)
week period but not more than forty-eight (48) hours in any one
elk during such period nor more than eight (8) hours in any twenty-
four (24) hour penodJ
2. No other employee except outside sales people and executives
~ iaing a salary in excess of thirty-five dollars ($35.00) per week shall
be: permitted to work in excess of forty (40) hours in any one week
1; i tor, eight (8) hours in any twenty-four (24) hour period.
I,. '. *: ." (1)
ply to employees e~gageu un eUmergeny min.uu. nce r U.K.
repair work involving breakdowns or protection of life or pr
No employee permitted under this section to work in excess
forty (40) hours per week shall be compensated at less than one
one third times his or her regular. ate of pay for such esop. K
4. No machinery in the ndnetiy halln b op rted r
shift of forty (40) hours per week. "
ARTICi IV-WAGs .. .. .
1. No employee shall be paid atless than the rate Of thirte i l
($13.00) per week of forty (40) hours or thirty-two and
cents (324) per hour. .
2. This Article establishes a mindmnm rate of pay, r
whether an employee is compensated on a time rate,
3. The compensation for employment now in excess of the mi$ninw
wages herein provided shall not be reduced notwithstandingStha.i.4l i
hours worked in such employment shall be hereby rediic
rates of pay for such employment shall be increased by an eq-
readjustment of all pay schedules.
Within thirty (30) days after this Code becomes effective emz ..i
shall report to the Code Authority action taken by them si.nc
1933, with respect to adjustments of wages above the innim um. ;,.
ARTICLE V-GENERAL LABOR PROVISIONS ..
1. No person under the age of sixteen (16) years shall be emplkiWyil;:
in the Industry.
2. Employees shall have the right to organize and bargain 6~Mii e
tively through representatives of their own choosing, and shall lbek4
from the interference, restraint or coercion of employers of Wla b.
their agents, in-the designation of such representatives aor i .
organization or in other concerted activities for the purpose of0 eMUQ4
tive bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall b'req
as a condition of employment to join any company union or to '
from joining, organizing, or assisting a labor organization of 'il
4. Employers shall comply with the maximum hours of ':
minimum rates of pay, and other conditions of employment, ap
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of.:
State imposing more stringent requirements on employers reglu.
the age of employees, wages, hours of work, or health, fire org..
working conditions than under this Code.,
6. Employers shall not reclassify employees or duties of- 6 p
performed by employees so as to defeat the purposes of.tA..he
7. Until adoption of further provisions of the Code that.ia p
necessary in order to prevent any improper speeding u
(stretch-outs) no manufacturing employee in the Inu ..s
required to do any work in excess of the practice as to i ..t
work of such employee prevailing on July 1, 1933,,or prior 4.
fic ...*employer sfall post-in conspicuous places full copies of
Si. .:i ..;..-ARTICLE VI-ADMINISTRATION
Srther effectuate the policy of the Act a Code Authority is
..gny desi atg0. to cooperate with the Administrator in the adminis-
0ofi th o Code. The Gode Authority shall consist of the Board
iirectQrs of the Association and such additional representatives of
BJ industryy as shall be selected by a fair method of selection to be
jr ve by the Administrator, or as the Administrator shall pre-
oi-e; and, up to three advisory members without vote who may be
.i...ted by the Admnistrator.
son:i.J as the essential facts of the Industry are gathered by the
Oode Authority from the various geographical districts, such districts
be given such proportionate 'representation on the Code Au-
y Yasis equitable asd.as shall be approved by the Administrator.
e trade or industrial association directly or indirectly partici-
pa in the selection or activities of the Code Authority shall: (1)
bipose no inequitable restrictions on membership, and (2) submit to
i Administrator true copies of its articles of association, bylaws,
tioa, and any amendments,when made thereto, together with
Si4tier information as to membership, organization, and activities
Sthe 'Administrator may deem necessary to effectuate the purposes
J4Inr;. er that the Code Authority shall at all times be truly represen-
ve of the industry.and in other respects comply with the provisions
-A~~ct',the Administrator may provide such hearings as he may
S"lkrper' and thereafter if he shall find that the Code Authority
tly representative or does not in other respects comply with
provisions of the Act, may require an appropriate modification
ieethodof'selection of the Code Authority.
,~ iThe :.L.,: od.e Authority shall have the following duties and powers
Wjeitent permitted by the Act, subject to the right of the Admin-
ato '.on review to disapprove or modify any action taken by it:
:~ia) Itsh~l interpret the provisions of the Code for the members of
A~i: Industry, subject to the approval of the Administrator, and shall,
thlrg~meriwalupervision of the. Administrator, make investiga-
.1 totlhwefudctioning and observance of the provisions of this
rI t many, daits awn instance or on a complaint by any person
; imak such investigaion and send a copy of its report to
tVhalaalso :tied time make such recommendations to
re w~i lntffee~ttiate the purpose of this Code and
f ?if : .AlS. S:t re: onat nations when approved by the
.ft ..a ot aiieand- hearing as he shall specify, shall
): n"e;sn ~rrtndtc ,a iay Ue iz provisionss of this Code.
:.., 4i ifmary om t ~ime :ta tie alr point such committees as it shall
:,: *''r.. a :-ea,..:: pr.pir" r. odr t effeeituate the purposes of the
'6 : a &d~a a rp.ath'~imttee, :its general or any particular
iria&:i ::it ESi e itteesgW hall tie appointed with a view
o .geographical representation. The Code Authority shall appoint
required to enable suen regional committees to minister me
in such geographical district under the general jurisdiction of the
3. For the purpose of administration of this Code, the Indll
divided into the following geographical districts:
(a) Eastern and South Atlantic District. This district shall
members whose principal, place of business is located withinl'tI
New York Georgia Delaware ..
District of Columbia West Virginia New Jeiy ry'
Virginia North Carolina PennBylvaniu
Maryland South Carolina Florida,: ....
(b) Middle West District. This district shall include meriN
whose principal place of businesses located within the followi6
Michigan South Dakota Indiana ..
Wyoming Minnesota Colorado
Illinois Nebraska Iowa ..
Ohio North Dakota Wisconsin
(c) Western District. This district shall include members ohiiib
principal place of business is located within the following area: .
Oregon Nevada Washington
Utah Arizona Montana
(d) New England District. This district shall include me embfsii
whose principal place of business is located within the following a .rt .
Maine Massachusetts Rhode Island :
New Hampshire Connecticut Vermont .
(e) Southern District. This district shall include members wnhi
principal place of business is located within the following area:
Al Ub; Mi i i
Kansas Texas Tennessee : .I
Missouri Louisiana Oklahoma .
4. With a view to keeping the President informed as to the owief
ance of this Code of Fair Competition, and as to whether the indust
is taking appropriate steps to effectuate the declared policy :off t
Act, the Code Authority shall collect statistics of the Industry thronui
its duly authorized secretary, not a member of the Industry, iadd '
members of the Industry shall furnish same as follows: : ;
Duly certified reports containing information reasonably per
to the effectuation of the purposes of this Code shall be furnishedt4
substance and in such form and at such intervals as the Admistr
or as the Code Authority, subject to the approval of the Administ r
shall prescribe. Full protection shall be given to each members ab-f
Industry as to the confidential nature of such data, but such in
tion or copies thereof shall be furnished to the Administratera po t
request. If so directed or requested by the Administrator, or- if.i
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---: ae aoaeo Aumtority may, sunDect to tne approval ot the Admun-
ui, rake regulations for the issuance and use of an N.I.R.A.
Ai accordance with the policies of the National Recovery
Vt it~dditil to information required to be submitted to the Code
5. --hoioty, there shall be furnished to government agencies such sta-
*ai inf6tmation as the Administrator may deem necessary for the
iapohes recited in Section S (a) of the Act.
:..ii: ~ ARTICLE VII-TRADE PRACTICES
fi'The -following practices constitute unfair methods of competition
Wirtambers of the Industry and are prohibited:
,-. iE.alse6 Marking or Branding.-The false marking or branding of
if-l product of the Industry which has the tendency to mislead or
I' i~eiCve customers or prospective customers, whether as to the grade,
;i4ality, quantity, substance, character, nature, origin, size, finish, or
i~eparation of any product of the industry, or otherwise.
S:. 2.Misrepresentation or False or Misleading Advertising.-The
Fstaking or causing or knowingly permitting to be made or published
Sr false, materially inaccurate or deceptive statement by way of
ieitisement or otherwise, whether concerning the grade, quality,
!F|aatity, substance, character, nature, origin, size, finish, or prepara-
tb01::.of any product of the industry, or the credit terms, values,
diicis, ,-or services of any member of the industry, or otherwise,
viBMng the tendency or capacity to mislead or deceive customers or
1"Ccmwimercial Bribery.-Directly or indirectly to give, permit to
JAgivet, or offer to give, money or anything of value to agents, em-
i4oes,o or representatives of customers or prospective customers, or
B nts, employees, or representatives of competitors' customers or
tive customers, without the knowledge of their employers or
hlcipals, as an inducement to influence their employers or principals
iciihaaie or contract to purchase from the makers of such gift or
on ito influence such employers or principals to refrain from
ogr contracting to deal with competitors.
I..tUerfrence wiAth Contractual Relations.-Maliciously inducing
Attempting to induce the breach of an existing oral or written
at, between a competitor and his customer or source of supply,
t femg, with or obstructing the performance of any such
ct al]duties or services.
& ;et e ates.-The secret payment or allowances of rebates,
ds, commissions credits, or unearned discounts, whether in the
l Emmsey or otherwise, or the secret extension to certain pur-
p.oaf special services or privileges not extended to all purchasers
i, J -tjirms .and conditions.
SifI saLt.-The defamation of competitors by falsely im-
a i--them dishonorable conduct, inability to perform contracts,
inttfble credit standing, or by other false representations or by
l deiaragement of the grade or quality of their goods.
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such product in terms customaiy used in the Industry.
10. Size.-Failure to clearly indicate on bedspreads or draped
or on the packages containing bedspreads or draperies the sizes tee
11. Sales Below Cost.-The selling or offering to sell any produd etf I
the Industry below cost as may be determined in accordane. witCir
this section, except (provided a statement is made to thatF effect: o
the invoice) (a) in sales to dispose of any stock in whole or in part f*a
the purpose of discontinuing the sale of that particular line of'iBnf-:
chandise, (b) in sales of goods that are damaged and thathaveAetad4o i
rated, (c) in bankruptcy sales or forced sales because of otbeirwise
insolvent conditions of the seller. When a uniform and standard--
system of cost accounting, prescribed by the Code Authority, shall bsh i
approved by the Administrator, every member of the Industry shafti-
install a system of accounting which conforms to the principles of -ahIi
is at least as detailed and complete as such system. The Cod*;
Authority shall, subject to the approval of the Administrator, detev
mine the cost factors to be included in the determination of such casi1;.
(a) Taxes.-Any Federal, State, or other taxes that have been ao;.:
shall hereafter be imposed upon any merchandise which the manufa.:i
turer thereof shall be required to pay shall be separately itemized or;'
each invoice and the amount of such taxes added to the total of sudt
12. Samples.-Supplying any samples, in excess of two per.ca4
(2%) of the initial order, below the cost thereof to the member of t.i
Industry as defined in section 11 of this Article."
13. Shipment.-The making of shipments other than F.O.B.
of origin, except that members of the Industry may make local
door deliveries in any local area. The word "local" as used
may be defined from time to time by the regional committee subj
to the approval of the Code Authority. "a :1
14. Terms of sale.-Selling on more favorable terms than- |I
E.O.M. or 2/10/60 extra except that the terms for the Western .
of the Industry shall be 3/10 or 2/30. Goods invoiced on and aft
twenty-fifth day of any month may be dated as of the first day ofir .
15. Adherence to Contract Terms.-The making or completion
sales upon any terms except as expressly set forth in the order,
tract of sale, or in the invoice appertaining to such sale.
16. Consignments, Etc.-The selling or offering to sell any prot
of the Industry on memorandum or on consignment or on en
sale. .,- -
17. Other Unfair Practices.-Nothing in this Code shall limit
effect of any adjudication by the Courts or holding by the Fed
Trade Commission on complaint, finding, and order, that any pr
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*A right of the President,-in accordance with the provisions
"tn(b) of Section 10 of the Act; from time to time to cancel
any order, approval, license, rule, or regulation issued under
said Act and specifically, but without limitation, to the right
.a r Y silent to cancel or modify his approval of this Code or any
imposed by him upon his approval thereof.
:C Thi. Code, except as to provisions required by the Act, may be
pdcifed on the basis of experience or changes in circumstances, such
ioiat ibn to be based upon application to the Administrator and
M&lndjtice :and hearing as he shall specify, and to become effective on
i .of the President.
;,..' :. ARTICLE IX-MONOPOLIES
1:% .provision of this Code shall be so applied as to permit monopo-
Mps o' monopolistic practices, or to eliminate, oppress, or discriminate
ARTICLE X-PRICE INCREASES
iWbiereas the policy of the Act to increase real purchasing power
S'mbe made impossible of consummation if prices of goods and serv-
':crease as rapidly as wages, it is recognized that price increases
be delayed and that, when made, the same should, so far as
ably possible, be limited to actual increases in the seller's
ARTICLE XI-EFFECTIVE DATE
SCode shall become effective on the tenth day after its approval
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