ainliad A an li 1-Ameudment No. 5
Registry No. 21-
Registry No. 241--2
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 8, 1935
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
:, ... ii .. ....
e b the Superintendent of Documents Washington, D. C. Price 5 cents
I \ ,
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Y.: Chamber of Commerce Building.
Charleston, S. C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 16-Amendment No. 5
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on March 8, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
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 an amend-
ment to a Code of Fair Competition for the Hosiery Industry, and
hearings having been duly held thereon and the annexed report on
said amendment, 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 author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise; does hereby incorporate,
by reference, said annexed report, and does find that said amendment
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 amendment be and it is hereby approved, and that the pervious
approval of said Code is hereby amended to include an approval of
said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By 1W. A. H.ARIMAN, Administrative Officer.
PRENTISS L. COONLEY,
WASHINGTON, D. C.,
March 8, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the Hearing covering the Amendment
to the Code of Fair Competition for the Hosiery Industry, held in
Room 3204, Department of Commerce Building, Washington, D. C.,
Friday March 9, 1934. (Afternoon session.) The Amendment,
which is attached, was presented by a duly qualified and authorized
representative of the Code Authority for the Hosiery Industry, com-
plying with statutory requirements and being the Agency that is
administering 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 AMENDMENT
The amendment fixes the working hours and minimum wages of
those employees previously excepted from the wage and hour pro-
visions of the Code such as repair shop crews, engineers, electricians,
The Deputy Administrator in his final report to the National In-
dustrial 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 amendment 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 gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining 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-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving the 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.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment 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 those reasons this amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
MARCH 8, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE HOSIERY INDUSTRY
Amend ARTICLE IV, by cancelling Sections 1, 2, 3, 4, and 6,
and substituting therefore the following:
1. No person in the Hosiery Industry shall employ any employee
in productive operations in excess of forty (40) 'hours per week.
2. (a) No person employed in clerical or office work shall be per-
mitted to work in excess of forty (40) hours in any one (1) week,
except that during six (6) weeks of the period beginning January
1 and ending June 30 of any year, and during six (6) weeks of the
period beginning July 1 and ending December 31 of any year, such
employees may be permitted to work not more than an additional
eight (8) hours per week, provided that not less than one and one-
half (1/V) times the calculable hourly rate for such employees is
paid for any and all such additional hours as may be worked. The
"'hourly rate shall be calculated by dividing the weekly salary or
wage of the employee by forty (40).
(b) The provisions of this Article shall not apply to outside sales-
men, or to persons employed in a supervisory, managerial or execu-
tive capacity who regularly earn thirty-five dollars ($35.00) per
week or more.
(c) Persons employed in a supervisory capacity wholly engaged
in non-productive work who regularly earn less than thirty-five
dollars ($35.00) per week but not less than fifty cents ($0.50) per
hour, also engineers, firemen, electricians, machinists, repair-shop
men, shipping force, cleaners and outside workers shall not be per-
mitted to work in excess of forty-four (44) hours in any one (1)
(d) Watchmen shall not be permitted to work in excess of fifty-
six (56) hours in any one (1) week, nor shall any watchmen be per-
mnitted to work in excess of six (6) days in any seven (7) day period.
3. Employees when engaged in emergency maintenance and
repair work, involving breakdowns or protection of life or property,
may be permitted to work in excess of the maximum number of hours
prescribed by this Code, provided that all such extra hours are
compensated for at not less than one and one-half (11/) times the
regular or calculable hourly rate. In the case of an employee not
paid regularly on an hourly basis, his hourly rate shall be calculated
by dividing his weekly pay by the number hours he may work per
week under the provisions of the Code.
4. (a) Dyehouse workers may be employed in excess of forty
(40) hours per week only to the extent necessary to finish a batch
or to complete a continuous process, provided that all hours beyond
forty (40) per week be compensated for at not less than one and
one-half (116) times the regular or calculable hourly rate. The
hourly rate shall be calculated by dividing the weekly salary or
wage by forty (40).
(b) Machine fixers may be employed in excess of forty-four (44)
hours per week only to the extent necessary to make machine
repairs and machine changes, provided that all hours beyond nine
(9) per day or forty-four (44) per week be paid for at not less
than one and one-half (1 l) times the regular or calculable hourly
rate. The hourly rate shall be calculated by dividing the weekly
salary or wage by forty-four (44).
6. The productive operations of a plant shall not exceed two (2)
shifts of forty (40) hours each per week. The work week for pro-
ductive operations shall not exceed five (5) days of eight (8) hours
each. These days shall be Monday to Friday, inclusive, except in
those states where the state laws operate to prevent the operation
of two forty (40) hour shifts within the mentioned five (5) days.
In such states, employers may operate one shift on Saturday, not
to exceed six (6) hours ending at noon, provided that. such employers
utilize the maximum hours possible under state laws and under
this Code in the preceding five (5) days, and provided further.
that in no event shall total machine hours exceed eighty (80) hours
in any one week in any plant.
Amend ARTICLE V, Section 9, by cancelling the present Section
9 and substituting therefore the following:
9. The minimum wages of all employees not specified in Sections
1 and 2 of this Article, on the basis of forty (40) hours' labor
per week, shall be at the following rates:
Engineers _------------------ --------__ --_
Electricians -------------------------------------- North South
Machinists --------- --------- ----------- --- 0
Skilled Dyehouse workers (including dyeing machine and
kettle operators) ------------
Unskilled Dyehouse workers---____---_-_
Shipping Force----------------------------------- ---- $13.00 $12. 00
Shiping$13. 00 $12. 00
Watchmen .------- --------------------_ 12 0
All others --------------------------
Approved Code No. 16-Amendment No. 5.
Registry No. 241-02.
UNIVERSITY OF FLORIDA
3 1262 08482 8010