Amendment to code of fair competition for the men's garter suspender and belt manufacturing industry as approved June 5, 1934

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Material Information

Title:
Amendment to code of fair competition for the men's garter suspender and belt manufacturing industry as approved June 5, 1934
Portion of title:
Men's garter, suspender and belt manufacturing industry
Physical Description:
6 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Belt industry (Clothing) -- Law and legislation -- United States   ( lcsh )
Suspender industry -- Law and legislation -- United States   ( lcsh )
Men's clothing industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 271-1-01."
General Note:
"Approved Code No. 94--Amendment No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 005050115
oclc - 63655708
System ID:
AA00007951:00001

Full Text









NATIONAL RECOVERY ADMINISTRATION


AMENDMENT TO


CODE OF FAIR COMPETITION


FOR THE


MEN'S GARTER


S:SUSPENDER AND BELT


,MANUFACTURING INDUSTRY


AS APPROVED ON JUNE 5, 1934


WE DO OUR PART


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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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 u
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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Approved Code No. 94--Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

MEN'S GARTER, SUSPENDER AND BELT
MANUFACTURING INDUSTRY

As Approved on June 5, 1934


ORDER

AMENDMENTS TO CODE OF FAIR COMPETITION FOR THE MiEN'S GARTER,
SUSPENDER AND BELT 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 amendments
for the Code of Fair Competition for the Men's Garter, Suspender
& Belt Manufacturing Industry, and hearings having been duly held
thereon and the annexed report on said amendments, 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 Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendments and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendments be
and they 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.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
SOL A. ROSENBLATT,
Division Administrator.
WASHINGTON, D.C.,
June 5, 1934.
65337 -657-27--34 (1












REPORT TO.THE PRESIDENT.
The PRESIDENT,
The White House. i
SIR: The Public Hearing on proposed amendments to the Code
of Fair Competition for the Men's Garter, Suspender and Belt Man-
ufacturing Industry as submitted by the Code Authority was con-
ducted on Tuesday, May 8, 1934, in Room 129 of the Willard Hotel,
Washington, D.C. Every person who requested an opportunity to
be heard was fairly heard in public in accordance with the require-
ments of the National Recovery Administration as set forth in
Notice of Hearing: No. 161-B. Present at the hearing were duly
authorized representatives of the Code Authority.
Article VIII, Section 2 of the Code of Fair Competition for the
Men's Garter, Suspender and Belt Manufacturing Industry, .ap-
proved by you on November 4, 1933, provides that the code may be
modified on the basis of experience or changes in circumstances;
such modification to be based upon application by the Code Author-
ity to the Administrator. In accordance with this provision the
Code Authority submitted amendments which were heard at the
Public Hearing.
In final form these amendments have been approved by the Labor
Advisory Board, Industrial Advisory Board, Consumers' Advisory
Board, the Research and Planning Division and the Legal Division
of the National Recovery Administration. The Code Authority has
also indicated its assent to and approval of these amendments.
The substance of these amendments is as follows:
(1) The title of this Code is amended to read: Code of Fair
Competition for the Garter, Suspender and Belt Manufacturing
Industry." The word "Men's" formerly appearing in the title of
this Code has been eliminated because the definition of the Code
includes articles of apparel for women and children and hence the
inclusion of the word Men's in the title was misleading.
(2) The Labor Provisions have been amended to permit the con-
tinued employment of apprentices at less than the minimum wages
during a six (6) weeks' period. This amendment being necessary
because the Code, as originally approved, permitted such employ-
ment of apprentices only until June 1, 1934. The principal change
therefore, is that of extending the period in which members of the
Industry are allowed to employ apprentices at less than regular
minimum rates of pay. These provisions relating to the employment
of learners are harmonious with those of other codes for the Apparel
Trades.
(3) Article V has been amended to include the substance of your
Executive Order of April 14, 1934, relating to the financing of Code
Authorities.
(4) Trade Practice Provisions have been amended to permit antic-
ipation at the rate of six (6%) percent per annum, and to prohibit
(2)






8
the payment of commissions or other compensation to the customers
or for employees in connection with purchase or sale of the products
Sof this Industry.
(5) There has been added a provision requiring the products of
Sthe Industry to bear a special N.R.A. label and granting the Code
SAthority jurisdiction over the issuance of such labels subject to
approval of the Administrator.
The Deputy Administrator in his final report to me on these
amendments to said Code, having found as herein set forth and on
the basis of all the proceedings in this matter:
I find that:
S(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 Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended 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.
(-e) 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 have
not been deprived of the right to be heard prior to approval of
said amendments.
For these reasons, these amendments have been approved.
Respectfully,
sHUGH S. JOHNSON,
Administrator.
MAY 17, 1934.









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AMENDMENT TO: CODE OF FAIR COMPETITION ;OR
THE MEN'S GARTER, SUSPENDER AND BELT MAL).
FACTURING INDUSTRY ::

AMENDMENT I i

The title of this Code as approved shall be changed to read:
"Code of Fair Competition for the Garter, Suspender and Belt
Manufacturing Industry."

AMENDMENT II

The following is to be substituted for Article III, Section 4:
No apprentice shall be paid less than at the rate of twenty-sevea
and one-half (271) cents per hour or at the rate of eleven ($1L00)
dollars per week of forty (40) hours for the first six (6) weeks Of
employment and thereafter not less than the minimum wages pro-
vided in Section 1, of this Article. If the operation at which any
apprentice is engaged has a piece-work rate and the amount earned
by any apprentice during any week at such piece-work rate exceeds
the minimum wages herein provided during the period of apprentie-
ship, such an apprentice shall be paid on the piece-work basis. The
period of apprenticeship shall be strictly limited to six (6) weeks,
and in no case shall the total number of apprentices in the employ
of any one (1) employer be greater than ten percent.(10%) of the
total employees. Any time worked by an apprentice shall be deemed
a part of such apprenticeship period, whether such time is worked
continuously or in more than one (1) shop, or at home work, or for
more than one (1) employer. The Code Authority may require the
registration of the names of all learners employed by members of the
Industry, and subject to the approval of the Administrator may
prescribe such other rules and regulations as may be' necessary to
make effective the provisions relating to employment of learners
contained herein."
AMENDMENT III

The following shall be added to Article IX, Section 5: "Anticipa-
tion may be allowed at a rate not to exceed six percent (6%) per
annum."
AMENDMENT IV

The following shall be added to Article IX to become Section 16:
"No member of the Industry shall furnish sales people to such
member's retail customers or pay part of the compensation of sales
people employed by such member's retail customers, nor shall any
member of the Industry pay to any customer or any customer's em-
ployee any commission, premium money or compensation of any
(4)

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l:in ad ni connection with the purchase or sale of such member's
Sr&handise."
AMEBNDMr rT V
The following shall be added to become Article X of the Code:
(1: ( "In accordance with the provision of this Article, all prod-
: ts made in the industry, as defined in Article I, Section 1, shall
b ear an N.R.A. label or other special designation to symbolize to
purchasers of said products the conditions under which they were
: manufactured. The Code Authority shall have the exclusive right
in the Garter, Suspender and Belt Manufacturing Industry, or sub-
divisions thereof, to issue and furnish such labels and/or designation
to the members thereof, and/or to authorize the reprod actionn thereof.
The Code Authority, subject to the approval of the Administrator
and in accordance with his regulations on the use of such labels
atad/or designation, shall establish rules and regulations for the
issuance of such labels and/or the authorization to reproduce such
designations and for the inspection, examination and supervision of
the practices of members of the industry using such label and,'or
designation.
(2) The Code Authority, subject to the approval of the Adminis-
trator, shall prescribe the method by which said labels shall be at-
tached to products of the industry and/or by which said designa-
tions may be reproduced upon the product of the industry or the
container thereof, to the end that such label and/or designation shall
remain identified therewith when such product or products are sold,
shipped or distributed by any member of the industry. Any and
all members of the industry may apply to the Code Authority for a
permit to use such N.R.A. label and/or reproduce such special desig-
nation, which permit shall be granted only when the applications for
the use thereof shall be accompanied by a certificate of compliance
with this Code, including an agreement to pay his reasonable share
of the cost of the administration of the Code, signed by the applicant
thereof in such manner and form as shall be determined by the rules
and regulations of the Code Authority approved by the Adminis-
trator, which permit to use the label and/'or authorization to repro-
duce the designation shall continue in force only so long as the
recipient of such permit shall pay his reasonable share of the ad-
ministration of the Code and shall comply with the Code and the
rules and regulations of the Code Authority relating to labels and/or
: designations.
S (3) All goods sold after but manufactured prior to the effective
"date of the rules and regulations of the Code Authority relating to
1; the issuance and use of labels shall have securely attached to the
box, cover, package, container, or wrapping of such product a sticker,
label, and/or other designation in such form and manner as may be
determined by the Code Authority in its rules and regulations.
(4) The charge made by the Code Authority for labels, stickers,
Sand/or for the right to reproduce designations, shall at alltimes
be subject to the supervision and regulations of the Administrator
and. shall be not more than an amount necessary to cover the cost
of said labels and/or stickers and/or designation, including printing
and distribution and the reasonable cost of administration and super-
vision of the cost thereof as hereinbefore set forth.





UNIVERSITY OF FLORIDA

3 1262 08482 835
; (5) The rules and regulations set up by ther Ciit
suant to this Article shall become binding upon all
industry when approved by the Administrator and vivno
shall be deemed a violation of tihe Code of Fair Comp
industry. ': .i
(6) This Article shall become, effective Aftet.*' ) the approval by the Administrator of the-klmnIsad' glii
scribed by the Code Authority as provided herein. i
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AMENDMENT VI ..iu.
The following shall be added to Article V to beeomei
thereof : .-i'
S5 (a) It being found necessary in order to support the- i
tration of this code and to maintain the standards ifairtBH
tition established hereunder and to effectuate the policy' of
the Code Authority is authorized: :.
(1) To incur such reasonable obligations as are
proper for the foregoing purposes, and to meet much.
out of funds which may be raised as hereinafter provided ai
shall be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval,i
such notice and opportunity to be heard as he may deem
(1) an itemized budget of its estimated expenses for the f
purposes, and (2) an equitable basis upon which the fund
sary to support such budget shall be contributed by members
trade/industry; : .i..
(3) After such budget and basis of contribution have Se
proved by the Administrator; to determine and obtain eq
contribution as above set forth by all members of the tradeifimfnrs.
and to that end, if necessary, 'to institute legal proceedings .
in its own name. ...
(b) Each member of the trade/industry shall pay, hisii
equitable contribution to the expenses of the maintenance"::l
Code Authority, determined as hereinabove provided, and.i
to rules and regulations pertaining thereto issued by the'
trator. Only members of the trade/industry complying
code and contributing to the expenses of its administration a
inabove provided, shall be entitled to participate in the sel
members of the Code Authority or to receive the benefits of
its voluntary activities or to make use of any emblem or.:,
of the National Recovery Administration.
(c) The Code Authority shall neither incur nor pay ai
nation in excess of the amount thereof as estimated ina it
budget, except upon approval of the Administrator; anmd
sequent budget shall contain any deficiency item. for,
in excess of prior budget estimates except those whitch-l:
ministrator shall have so approved. .
Approved Code No. 94. Amendment No. 2.
Registry No. 271-1-01.
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