ode No. 21-Amendment No 2
au^ !ode No. 211 -Amendment No. 2
Registry No. 204-1-
Registry No. 204-1-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
-R-OBE AND ALLIED PRODUCTS
AS APPROVED ON DECEMBER 6, 1934
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Approved Code No. 211-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
ROBE AND ALLIED PRODUCTS INDUSTRY
As Approved on December 6, 1934
AMENDMENT OF CODE OF FAIR COMPETITION FOR THE ROBE AND ALLIED
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 certain
amendments to the Code of Fair Competition for the Robe and Allied
Products Industry, and hearings having been duly held thereon and
the enclosed report on said amendments containing findings with
respect thereto having been made and directed to the President:
WHEREAS, Article VI, Section 5 of the Approved Code of Fair
Competition for the Robe and Allied Products Industry is incon-
sistent with policy. For this reason this Section of the Code is
hereby stayed until further order of the National Industrial Recovery
NOW, THEREFORE, the National Industrial Recovery Board,
on behalf of the President of the United States, pursuant to authority
vested in it by Executive Orders of the President, including execu-
tive Order Number 6859, dated September 27, 1934, and otherwise;
does hereby refer to said annexed report and does find the said
amendments and the Code as constituted after being amended, comply
in all respects with the pertinent provisions and will tend to promote
the policies and purposes of said Title of said Act, and does hereby
order that said amendments be and they are hereby approved, and
that the previous approval of said Code be and it is hereby amended
to include an approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN,
PRENTISS L. COONLET,
Acting Division Administrator.
WASHINGTON, D. C.,
December 6, 1934.
REPORT TO THE PRESIDENT
The White House.
Smi: A Public Hearing was held September 20, 1934 on the pro-
posed amendments to the Code of Fair Competition for the Robe
and Allied Products Industry.
The amendments to the Code contain provisions for: Classifica-
tion of the manufacturing employees, maintaining of time records,
discounts and Mandatory Assessment for the maintenance of the
Article VI, Section 5 of the Approved Code of Fair Competition
for the Robe and Allied Products Industry, approved October 21,
1933, is inconsistent with policy in connection with the proposed
amendments. For this reason this Section of the Code has been
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 the proceedings in
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 Industrial Recovery Act including the removal of ob-
structions 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 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 restric-
tion 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
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
subsection (a) of Section 3, subsection (a) of Section 7 and subsec-
tion (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 have not
been deprived of the right to be heard prior to approval of said
For the reasons contained herein said amendments are approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
DECEMBER 6, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE ROBE AND ALLIED PRODUCTS INDUSTRY
The Code of Fair Competition for the Robe and Allied Products
Industry is amended by the following:
A section to be known as Section 8 of Article III shall read as
Section 8. The provisions of this Article shall apply to any mem-
ber of the industry performing manufacturing functions usually
performed by an employee, even though said person be a partner,
associate, an officer, a director, or stockholder of a company or cor-
poration which is a member of the industry.
A section to be known as Section 13 of Article V shall read as
Section 13. All employers in the industry must maintain a time
clock or a time book and keep accurate record of the time worked by
all employees subject to the Code, including pieceworkers. All such
records shall be preserved intact for a period of one year from the
date records were taken.
Amend Article VI, Section 7 (i) to read as follows, instead of as
amended April 26, 1934:
It being found necessary in order to support the administration of
this Code and to maintain the standards of fair competition estab-
lished herein and to effectuate the policies of the Act, the Code Au-
thority is authorized:
1. To incur such reasonable obligations as are necessary and proper
for the foregoing purposes and to meet such obligations out of funds
which may be raised as hereinafter provided, and which shall be held
in trust for the purposes of the Code;
2. To submit to the Administration for its approval, subject to such
notice and opportunity to be heard as it may deem necessary (1) an
itemized budget of its estimated expenses for the foregoing purpose,
and (2) an equitable basis upon which the funds necessary to support
such budget shall be contributed by members of the industry;
3. After such budget and basis of contribution have been approved
by the Administration, to determine and obtain equitable contribu-
tion as above set forth, by all members of the industry, and to that
end, if necessary, to institute legal proceedings therefore in its own
Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Administration. Only mem-
bers of the industry complying with the Code and contributing to the
expenses of its administration, as hereinabove provided, (unless duly
exempted from making such contribution) shall be permitted to par-
ticipate in the selection of the members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
The Code Authority shall neither incur nor pay any obligation
I substantially in excess of the amount thereof as estimated in its ap-
proved budget, and shall in no event exceed the total amount con-
:tained in the approved budget, except upon approval of the Adminis-
tration; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates, except those
S which the Administration shall have so approved.
S Nothing in the provisions of this Article shall be deemed to re-
quire contributions by contractors where contributions are appor-
S tioned among members of the industry on a volume of sales basis.
However, in transaction commonly known as cut, make and trim,'
where the contractor is to be considered in the light of a manufac-
turer, the person for whom such garments are made shall not be
assessed under this provision.
Amend Article VIII, Section 1, to read as follows:
The maximum terms of discounts on sales made by members of
the industry after October 15, 1934 shall be as follows:
(a) On merchandise made for men and boys 6%, 10 days E.O.M.;
or 5%, 70 days; or 4%, 130 days; customers other than retailers may
also receive 3%, 190 days.
(b) On merchandise made for women, girls and infants, 8%, 10
days, E.O.M.; or 7%, 70 days; or 6%, 130 days; customers other
than retailers may also receive 5%, 190 days.
(c) Anticipation may be permitted at the rate of six per cent (6%)
(d) Any shipments made on or after the twenty-fifth (25th) day of
the month may be considered as if made on the first (1st) day of the
following month. There shall be no other post-dating except that as
to any merchandise sold for fall consumption and shipped by a mem-
ber during the months of July or August, dating as of the following
September 1, but no later, may be granted.
Approved Code No. 211-Amendment No. 2.
Registry No. 204-1-02.
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