Amendment to code of fair competition for the underwear and allied products manufacturing industry, as approved on May 1...

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Material Information

Title:
Amendment to code of fair competition for the underwear and allied products manufacturing industry, as approved on May 10, 1934
Portion of title:
Underwear and allied products manufacturing industry
Physical Description:
8 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:
Underwear 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. 275-1-03."
General Note:
"Approved Code No. 23--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 - 005021303
oclc - 63655721
System ID:
AA00008033:00001

Full Text




NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE

UNDERWEAR AND

ALLIED PRODUCTS MANUFACTURING

INDUSTRY


AS APPROVED ON MAY 10, 1934


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UNITED STARER
GOVERNMENT PRINN4G OFFICE
WASHINGTON ,1934


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Approved Cole No. 23--Amerdment No. 2


Rzgistry No. 275-1-03















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This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washiugton, D.C., and by district bffiaesj of the Bureau of
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Approved Code No. 23*Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

UNDERWEAR AND ALLIED PRODUCTS
MANUFACTURING INDUSTRY

As Approved on May 10, 1934


ORDER

MODIFICATION OF CODE OF FAIR COMPETITION FOR THE UNDERWEAR AND
ALLIED PRODUCTS 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 a modification
of a Code of Fair Competition for the Underwear aid Allied
Products Manufacturing Industry, and hearings having been duly
held thereon and the annexed report on said modification, 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 modification and the Code as
constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modification
be and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified; this order to become effective ten (10) days
after the date hereof unless cause to the contrary shall before that
time be shown to me and I by my further order otherwise determine.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
H. O. KING,
Division Administrator.
WASHINGTON, D.C.,
May 10, 1934.
57970"-544-53---34 (1\












REPORT TO -IE PRESIDENT

The PRESIDENT,
The White House...
SIR: This is a report on the Hearing covering the Amendments
to the Code of Fair Competition for the Underwear and Allied
Products Manufacturing Industry, held in Room 128 Willard Hotel,
Washington, D.C., March 22, 1934. The Amendments, which are
attached, were presented by duly qualified and authorized represen-
tatives of the Industry, complying with statutory requirements
and being the same Agency that originally submitted the Code.
In accordance with customary procedure every person who had
filed a request for appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.

PROVISIONS OF THE AMENDMENTS'

There are six amendments as follows:
1. An Amendment changing the name of the Administrative
Agency from Industry Committee to "Code Authority."
2. An amendment changing the- name of the Executive Officer
of the Underwear Institute from "Secretary" to "Managing
Director."
3. An amendment whereby various groups in the Industry will
be given the privilege of recommending modification of the machine-
lours limitation covering sewing machines as respects their 6wn
group.
4. An amendment whereby various groups in the Industry will
be given the privilege of recommending modification of the macWine-
hours limitation covering knitting machines as respects their wn
group.
5. An amendment changing the membership of the Code Author-
ity from six members representing the Industry to nine members
representing the Industry, and specifying the various groups of the
Industry which the nine members will represent.
6. An amendment whereby certain administrative clauses which
are being placed in codes now being approved are added to the Code.

FINDINGS

The Deputy Administrator in his final report to me on said amend-
ments to said Code having found as herein set forth and on the basis
of all the proceedings in this matter:
I find 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 obstruc-







tions to the free flow of interstate and foreign commerce whichtend
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
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
uctsthroqgh increasing purchasing power, by reducing and relieving
unemployment, by improving the standards of labor, and by other-
wise; rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent 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.
(c) The Underwear Institute was and is an industrial association
truly representative of the aforesaid Industry and that said associa-
tion imposed and imposes no inequitable restrictions on admission to
membership therein and has applied for or consents to these amend-
ments.
(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.
HUGH S. JOHNSON,
Admin istrator.
MAY 10, 1934.












AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
UNDERWEAR AND ALLIED PRODUCTS MANUFAC-
TURING INDUSTRY

PART I-DEFINITIONS .

Section 11 is amended to read as follows:
11. The term 'Code Authority' as used herein. shall mean the
administrative agency designated in Part IV to cooperate with the
Administrator in the administration of this Code."
Section 13 is amended to read as follows:
13. The term Managing Director' as used herein shall mean'the
Managing Director of the Institute."

PART II-LABOR

Section 3, Subsection (d) is amended as follows:
Eliminate the words Industry Committee" and substitute there-
for the words Code Authority."
Section 4, Subsection (b) is amended as follows:
ELiminate the words Industry Committee" in the last sentence
and substitute therefore the words "Code Authority."

PART II-MACHINE HOURS

Sections 1 and 2 are amended to read as follows:
1. (a) No sewing machirie: shall be operated for morethan:,one
(1) shift of forty (40) hours per week, provided that each of,.the
following major groups of the Industry, namely,
"Group 10-engaged in making garments from knitted cotton
and/or wool fabric or from mixtures thereof where the predomigat-
ing fibre i"n such mixture is cotton and/or wool, t '
"Group 11-engaged in making garments from woven cotton
fabric, ,i'
Group 12-engaged in making garments from knitted silk ;nd
rayon fabric,,, n
" may recommend to the Code Authority modification of the machine-
hours limitation for its particular group,' which recommendation
shall designate an approximate date when such new machine-hours
regulation shall go into effect Tor the entire group. Such recomri n-
dation must receive the affirmative vote of a majority of the machines
in any, such group and must be supported by the follow g
information:
"(A) A report showing the number of manufacturers in such
group, together with the number of machines'operated by each matiu-
facturer so as to give.a total number of manufacturing concerns
and a total of operating machines in such group.


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"(B) Supporting statistical data showing the need for the recom-
mended modification.
"(C) A certified report of the vote of the group showing the num-
ber of concerns as well as the number of machines voted in favor of
the recommendation.
Y(b) It shall be the duty of the Code Authority to transmit the
recommendation of the group, together with its own recommenda-
tions, not later than thirty (30) days after receipt thereof from
said group, to the National Recovery Administration for approval
or disapproval.
"2. (a) No knitting machine shall be operated for more than two
(2) shifts of forty (40) hours each per week, provided that each of
the following major groups of the Industry, namely,
Group 1-manufacturers of knitted cotton andor wool fabric
or of mixtures thereof where the predominating fibre in such mix-
tures is cotton and/or wool.
"Group 2-manufacturers of circular knit silk and rayon fabric,
"Group 3-manufacturers of warp knit silk, rayon and cotton
fabric,
"Group 4-manufacturers of miscellaneous knit fabrics,
" may recommend to the Code Authority modification of the machine-
hours limitation for its particular group, which recommendation
shall designate an approximate date when such new machine-hours
regulation shall go into effect for the entire group. Such recom-
mendation must receive the affirmative vote of a majority of the
machines in any such group and must be supported by the following
information:
"(A) A report showing the number of manufacturers in such
group, together with the number of machines operated by each manu-
facturer so as to give a total number of manufacturing concerns and
a total of operating machines in such group.
"(B) Supporting statistical data showing the need for the recom-
mended modification.
"(C) A certified report on the vote of the group showing the
number of concerns as well as the number of machines voted in favor
of the recommendation.
"(b) It shall be the duty of the Code Authority to transmit the
recommendation of the group, together with its own recommenda-
tions, not later than thirty (30) days after receipt thereof from said
group, to the National Recovery Administration for approval or
disapproval."
PAST IV-ADMINISTRATION

Section 1, first paragraph, is amended to read as follows:
(a) To effectuate further the policies of the Act, a Code Au-
th.iity is hereby set up to cooperate with the Administrator as a
plannmg and fair practice agency for the Underwear and Allied
Products Manufacturing Industry. The Code Authority shall con-
sist of nide (9) members representing the Industry, eight (8) to be
duty elected by the Institute and one (1) to be elected by the mem-
bers of the Industry who are not members of the Institute, provided
that the method of election shall be subject to the approval of the







Administrator. The eight (8) members of the Code Authority Sto
be elected by the Institute shall be elected from the following groups:
Two members from Division I, which includes Fabric Manufac-
turers in Groups 1, 2, 3 and 4, as named in Part III, Section 2, sub-
section (a) of this Code; provided that one of said members shall
be elected from Group 2.
"Three members from Division II, which includes concerns .en-
gaged in making garments from various fabrics, provided that there
shall be one member from Group 10, one from Group 11, and pie
from Group 12, as named in Part III, Section 1, Subsection (a) of
this Code. *
"One member shall be the Managing Director of the Institutei
"One member shall be the President of the Institute.
"One member shall be the immediate past president of the
Institute.
"(b) In addition to membership as above provided, there may be
not more than three (3) members, to serve without expense to the
Industry and without vote, to be appointed by the Administrator,
to serve for such term as he shall specify.
"(c) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in the Industry
as they may develop from time to time which will tend to effectuate
the operation of the provisions of this Code and the policy of the
National Industrial Recovery Act. Such recommendations, when
approved by the Administrator, shall have the same force and effect
as any other provisions of this Code.
"(d) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on membership, and (2)
submit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
"(e) In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may prescribe such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
"(f) Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority 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 Authority, exercising
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own willful misfeasance or non-feasance.
"(g) If the Administrator shall at any time determine that any
action of the Code Authority or any agency thereof may be unfair or
unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for







investigation of the merits of'such action and further consideration
by such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days notice to him of intention
to proceed with such action in its original or modified form.
"(h) The reasonable expenses of administration of this Code shall
be borne by all the members of the Industry and non payment of an
equitable share of the costs of code administration shall be considered
a violation of this'code, The Code Authority, upon approval by the
Administrator of an itemized budget of the estimated expenses and
of an equitable basis upon which the funds for such expenses shall be
contributed, shall have the power to secure payment of such expenses
from the members of the Industry, and to that end, if necessary, to
institute legal proceedings therefore in its own name."
Section 1, Subsection (a) is amended to read as follows:
"(i) The Code Authority shall cooperate with the Administrator
in making investigations as to the functioning and observance of any
provisions of this Code, at its own instance or on complaint by any
person affected, and shall report the results of said investigations to
the Administrator."
Section 1, Subsection (b) is amended to read as follows:
"(j) The Code Authority may make specific recommendations to
the Administrator for changes in or exemptions from the provisions
of this Code as to the working hours of machinery which will tend
to preserve a balance of productive activity with consumption re-
quirements, in order to properly serve the interest of the industry
and of the public."
Section 1, Subsection (c) is amended to read as follows:
"(k) The Code Authority may also investigate and inform the
Administrator on behalf of the Industry as to the importation of
competitive articles into the United States in substantial quantities
or in increasing ratio to domestic production on such terms or under
such conditions as to render ineffective or seriously to endanger the
maintenance of this Code and may act as an agency for making com-
plaint to the President on behalf of the Industry, under the provi-
sions of the National Industrial Recovery Act, with respect thereto."
Amend the following Sections by eliminating the words Industry
Committee and substituting therefore the words Code Authority
Section 2, First paragraph.
Section 2, Subsection (c), second paragraph.
Section 3.
Section 7.
Section 4 is amended as follows:
Eliminate the word Secretary which appears at two places in
the first sentence and two places in the second sentence and substi-
tute therefore the words Managing Director in each of the four
places mentioned.

PART V-GENERAL PROVISIONS

Section 2 is amended as follows:
Eliminate the word Secretary in the last sentence and substi-
tute therefQr the words "Managing Director."





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Section 3 is amended as follows:
Eliminate the words Industry Committee" and substitute there-
for the words Code Authority."

PART VI-UNFAIR TRADE PRACTICES

Section 1 is amended as follows:
Eliminate the words Industry Committee in the last sentence
and substitute therefore the words Code Authority."
Approved Code No. 23---mendment No. 2.
Registry No. 275-1-03

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UNIVERSITY OF FLORIDA
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