Approved Code No. 64-Amendment No. 4 Registry No. 228-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JANUARY 4, 1935
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Approved Code No. 64-Amendment No. 4
Registry No. 228-01
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Approved Code No. 64-Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
DRESS MANUFACTURING INDUSTRY
As Approved on January 4, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
DRESS 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 approval of two amend-
ments to a Code of Fair Competition for the Dress Manufacturing
Industry, and an opportunity to be heard having been afforded
thereon, and the annexed report containing findings with respect
thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859 dated September 27, 1934, and otherwise,
does hereby incorporate by reference said annexed report and does
find that said amendments and the Code as constituted after being
amended comply in all respects with the pertinent provisions and
will promote the policy and purposes of said Title of said Act, and
does hereby order that said amendments be and are hereby approved,
and that the previous approval of said Code is hereby amended to
include an approval of said Code in its entirety as amended, such
approval to take effect twenty (20) days from the date hereof, unless
good cause to the contrary is shown to the National Industrial Re-
covery Board before that time and the National Industrial Recov-
ery Board issues a subsequent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Adminbitrative Officer.
PRENTISS L. COONLEY,
Acting Division Administrator.
WASHINGTON, D. C.,
January 4, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: The Code Authority for the Dress Manufacturing Industry
submitted two proposed amendments to the Code of Fair Competition
for the Dress Manufacturing Industry. These amendments were
presented to the Legal Division, the Industrial Advisory Board, the
Division of Research and Planning, the Consumers Advisory Board
and the Labor Advisory Board and received their approval.
As these amendments were in accordance with standard form and
consistent with the policies of the Administration, Public Hearings
were considered unnecessary, and in lieu of Public Hearings, Notices
of Opportunity to be Heard were printed and distributed in the same
manner as Notices of Public Hearing. A specified date was set
forth in such notices, by which time objections and criticisms were
to be received relative to these amendments.
The first andmdment provides that no member of the Code Au-
thority for the Dress Manufacturing Industry shall be liable in any
manner to anyone for any act of any other member, officer, agent or
employee of the Code Authority.
The second amendment provides that if merchandise purchased
consists of completed garments out of stock, ordered for shipment
within two working days from the date of the order, the manufac-
turer shall have an additional twenty-four hours from the expiration
date of the order in which to make shipment.
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendments to said Code having
found as herein set forth and on the basis of all proceedings in this
The National Industrial Recovery Board finds that:
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Recovery Act, including the removal of obstructions to the
free flow of interstate and foreign commerce which tend to diminish
the amount thereof, and will provide for the purpose of cooperative
action of labor and management under adequate governmental sanc-
tions and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of the present produc-
tive capacity of industries, by avoiding undue restriction of produc-
tion (except as may be temporarily required), by increasing the con-
sumption of industrial and agricultural products through increased
purchasing power, by reducing and relieving unemployment, by im-
proving standards of labor, and by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
station Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10, thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are 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 will not
have been deprived of the right to be heard prior to the effective
date of these amendments.
For the National Industrial Recovery Board:
W. A. HARRIAN,
A administrative Officer.
JANUARY 4, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE DRESS MANUFACTURING INDUSTRY
Article VI of the Code of Fair Competition for the Dress Manu-
facturing Industry shall be amended by adding Section 4, as follows:
"Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber of the Code Authority or of its staff be liable in any manner to
anyone for any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, or of its staff exercising reasonable diligence in the conduct of
his duties hereunder, be liable to anyone for any act or omission to
act under this Code, except for his own wilful malfeasance or
Article IX, Section 13, of the Code of Fair Competition for the
Dress Manufacturing Industry shall be amended by adding subdi.-
vision (d) as follows:
That if merchandise purchased consists of completed garments
out of stock, ordered for shipment within two working days from
the date of the order, the cancellation clause shall not apply but the
manufacturer shall have twenty-four hours from the expiration date
of the order in which to make shipment after which the order shall
automatically be cancelled unless reinstated by the buyer."
Approved Code No. 64-Amendment No. 4.
Registry No. 228-01.
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