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Registry No. 1748-14
AIl IE&,OVERY ADMINISTRATION
F( O FAIR COMPETITION
i 'pF FAIR COMPETITION
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AS APPROVED ON MARCH 20, 1934
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WASHINGTON s 1934
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-'-- -- -
Approved Code No. 348
CODE OF FAIR COMPETITION
BURLESQUE THEATRICAL INDUSTRY
As Approved on March 20, 1934
APPROVING CODE OF FAIR COMPETITION FOR THE BURLESQUE
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I of the National Industrial Recov-
ery Act, approved June 16, 1933, for approval of a Code of Fair Com-
petition for the Burlesque Theatrical Industry, and hearings having
been duly held thereon and the annexed report on said Code, contain-
ing findings with respect thereto, having been made and directed to
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 annexed
report and do find that said Code complies 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 Code of Fair Compe-
tition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
SOL A. ROSENBLATT,
March 20, 1934.
REPORT TO THE PRESIDENT
The lWhite House.
SIR: This is a report on the Code of Fair Competition for the
Burlesque Theatrical Industry as revised after a public hearing,
conducted in Washington, D.C., on November 9, 1933, in accordance
with the provisions of the National Industrial Recovery Act.
PROVISIONS AS TO WAGES AND HOURS
Clerical and office employees are to receive a minimum wage of
fifteen dollars per week; house managers, company managers, house
treasurers and press representatives not less than twenty-five dollars;
heads of wardrobe departments not less than thirty-five dollars;
sewers not less than fifty cents per hour; ticket sellers, porters and
barkers not less than thirty-five cents per hour and all other employees,
not otherwise provided for, not less than thirty cents per hour.
Principals who are defined as performers other than chorus members
shall be paid not less than thirty-five dollars per week. Chorus
members shall be paid not less than twenty dollars per week in resident
companies and not less than twenty-two dollars and fifty cents per
week in road companies, provided that where a higher rate was paid
on October 1, 1933, such higher rate shall be the minimum.
All employees, except executives, press representatives, actors and
chorus members are assigned a maximum working week of forty
hours. A limited week for press representatives was found to be
impracticable, and data was insufficient to permit setting maximum
hours for actors and chorus. The Code Authority is directed to
investigate the working conditions of such performers and report on
the same within ninety days after the effective date of this Code.
Payments at the rate of time and one half for time worked in excess
of forty hours per week is provided for employees in emergencies
involving protection of life or property.
All performers are guaranteed extra compensation of one-fourteenth
of the weeldy salary for each extra performance given in a two-a-day
house, and not less than at the rate of a show and one half for extra
performances in other than two-a-day houses.
There are special provisions for skilled employees guaranteeing
them the benefits which they have obtained through collective
ECONOMIC EFFECTS OF THE CODE
The demand for burlesque theatrical performances varies greatly,
as the public taste shifts among various types of entertainment. For
this reason it is impossible to forecast the increase of employment to
be brought about by the Code as this will depend on the number of
shows playing. The wage provisions provide for substantial increases
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Trade practice provisions are expected to remedy the unfair com-
:petition that has existed in the past within the Industry.
' n iEmployers are forbidden to attempt to induce the breach of an
Si: li ting contract between a competitor and his employees; to par-
I;ticipate in any transaction known in law as a "black list" or a "white
"list", or to lower publicly announced admission prices by rebates or
- other devices which are unfair to competing employers or deceive
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceedings
in this matter:
I find that:
(a) Said Code is well designed to promote the policies and purposes
of Title I of the National Industrial Recovery Act, including removal
of obstructions 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 the trade groups, by inducing
and maintaining united action of labor and management under ade-
quate governmental sanctions and supervision by eliminating unfair
competitive 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 consumDtion of industrial and agricultural products
through increasing purchasing power by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) Said Industry normally employs not more than 50,000 em-
ployees: and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the pertinent
provisions of said Title of said Act, including without limitation Sub-
section (a) of Section 3, Subsection (a) of Section 7, and Subsection
(b) of Section 10 thereof; and that the applicant association is an
industrial association truly representative of the aforesaid Industry;
and that said association imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is 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 Code.
For these reasons, therefore, I have approved this Code.
HUGH S. JOHNSON, Administrator.
MARCH 20, 1934
CODE OF FAIR COMPETITION FOR THE BURLESQUE
To effectuate the policies of Title I of the National Industrial
Recovery Act the following provisions are established as a Code of
Fair Competition for the Burlesque Theatrical Industry, and shall be
the standards of fair competition for such Industry, and shall be
binding upon every member thereof.
1. The term "Burlesque" as used herein, is defined to be a type of
musical entertainment known in theatrical parlance as burlesque;
advertised as such or by other title which conveys to the public such
entertainment, and is intended to include performances wherein
burlesque is principally rendered in conjunction with incidental mo-
tion or sound picture performances, and all performances or attractions
usually identified with or typical of burlesque.
2. The term "Member of the Industry" as used herein, includes,
but without limitation, any individual, partnership, association,
corporation or other form of enterprise engaged in the Industry, either
as an employer or on his or its own behalf.
3. The term "employer" as used herein, means any employer en-
gaged in the Industry.
4. The term "employee" as used herein, includes any and all
persons engaged in the Industry, however compensated, except a
member of the Industry.
5. The terms "Act" and "Administrator" as used herein, shall
mean respectively Title I of the National Industrial Recovery Act
and the Administrator for Industrial Recovery.
ARTICLE II-CLERICAL AND OFFICE EMPLOYEES
1. No person employed in clerical or office work shall be permitted
to work in excess of forty (40) hours in any one week or nine (9) hours
in any twenty-four (24) hour period, and such employees shall be paid
not less than Fifteen ($15) Dollars per week.
EXCEPTIONS AS TO HOURS
2. The hour provisions of this Code shall not apply to persons em-
ployed in a managerial or executive capacity who earn not less than
Thirty-five ($35) Dollars per week or to employees in emergencies
involving protection of life or property, but at least one and one half
(1%) times the normal rate shall be paid for hours worked in emer-
gencies in excess of the maximum hours.
EMPLOYMENT BY SEVERAL EMPLOYERS
3. No employer shall knowingly permit any employee to work for
any time which when totaled with that already performed for another
employer, or employers, in this Industry exceeds the maximum
1. Principals (performers other than chorus members) shall be paid
.not less than Thirty-five ($35) Dollars per week.
2. The chorus members shall be paid not less than Twenty ($20)
Dollars per week in stock or resident companies, and not less than
Twenty-two Dollars and Fifty ($22.50) Cents per week in road
companies; provided, however, that wherever on October 1, 1933,
any theatre paid a rate to chorus members in excess of the minimum
wages herein provided, said higher wages shall be deemed to be and
are hereby declared to be the minimum scale of wages with respect
to such theatres.
3. The producer shall not engage any performer under any agree-
ment which would reduce the net salary below the minimum wage
through the payment of any fee or commission to any agency (whether
such fee is paid by the producer or independent contractor or by the
performer), or by any other form of deduction.
4. Wherever any company is required to give more than the regular
number of performances contracted for, all performers shall be paid
for said extra performances at a pro rata proportion of the weekly
salary. Such pro rata proportion shall be not less than one four-
teenth (%4) of the weekly salary in a "two-a-day house" and not
less than at the rate of a show and a half in other than a two-a-day
5. The employer shall furnish to chorus members, without charge,
all hats, costumes, wigs, shoes, tights, and stockings and other
necessary stage wardrobe.
6. The cost of transportation of the actors and chorus, when
required to travel, including transportation from point of organiza-
tion and back, including sleeping car accommodations, shall be
paid by the employer.
7. If individual notice of contract termination is given by the
employer the actor or chorus member shall be paid in cash the amount
of the cost of transportation including sleeping car accommodations
of the actor or chorus member and baggage back to the point of
organization whether the company returns immediately or not.
8. Actors and chorus members shall be guaranteed two (2) weeks'
employment and two (2) weeks' advance notice on the road and one
(1) week's advance notice in stock of dismissal of an individual or
one (1) week's advance notice of the closing of the company either
in stock or road show; provided, however, that within the first two
(2) days' rehearsal an actor or chorus member may be dismissed
without notice or guarantee.
9. Chorus members shall be released from work with pay not less
than one day out of every fourteen (14), and the day the chorus
member is released from work such chorus member shall not be required
to rehearse or report to the theatre or perform any service. This
provision for a free day shall not apply to a traveling company.
10. By reason of the peculiar nature of this Industry, it is imprac-
ticable without further data, to be furnished by the Code Authority,
to set the maximum hours for actors and chorus. Therefore, the
Code Authority shall investigate the hours of labor, wages, and work-
ing conditions of actors and chorus, and within the period of ninety
(90) days from the effective date of this Code shall report thereon to
11. The actors and chorus members shall not be rehearsed for more
than two (2) weeks without full pay.
12. No employer shall re-classify employees or duties of occupations
performed, or engage in any other subterfuge for the purpose of
defeating the purposes or provisions of the Act or of this Code.
ARTICLE IV-TREASURERS, COMPANY MANAGERS, PRESS AGENTS,
AND OTHER EMPLOYEES
1. House managers, company managers and house treasurers shall
be paid not less than Twenty-five ($25) Dollars per week for a maxi-
mum week of forty (40) hours. Assistant treasurers shall be paid
not less than Eighteen ($18) Dollars per week for a forty (40) hours
2. Press representatives shall be paid not less than Twenty-five
($25) Dollars per week, hours of labor not being fixed due to nature
3. Heads of wardrobe departments shall be paid not less than
Thirty-five ($35) Dollars per week for a maximum week of forty
(40) hours. Sewers shall be paid not less than Fifty (500) Cents per
hour and shall not be employed for more than forty (40) hours per
4. Ticket sellers, porters and barkers shall be paid not less than
Thirty-five (350) Cents per hour for a maximum week of forty (40)
5. All other employees of the employers (not otherwise provided
for) such as ushers, ticket takers, scrub women, theatre attendants,
etc., shall be paid not less than Thirty (300) Cents per hour for a
maximum week of forty (40) hours.
ARTICLE V-MUSICIANS, THEATRICAL STAGE EMPLOYEES AND
MOVING PICTURE MACHINE OPERATORS
1. (a) Employees associated with organizations of or performing
the duties of bill-posters,- carpenters, electrical workers, engineers,
firemen, motion-picture machine operators, oilers, painters, theatri-
cal stage employees, or other skilled mechanics and artisans, who are
directly and regularly employed by the employer, shall receive not
less than the minimum scale and work no longer than the maximum
number of hours per week (but not more than forty (40) hours),
which were in force as of the effective date of the Code, as the prevail-
ing scale of wages and maximum number of hours of labor by organiza-
tions of any of such employees affiliated with the American Federation
of Labor with respect to their respective type of work in a particular
class of theatre or theatres in a particular location in a particular
community, and such scales and hours of labor with respect to any
of such employees in such community shall be deemed to be and
hereby are declared to be, the minimum scale of wages and maxi-
mum number of hours with respect to all of such employees in such
communities in such class of theatre or theatres.
(b) Where the wage scale of any of said employees is, upon the
effective date of this Code, based upon employment in excess of
forty (40) hours per week, then in that event such employees shall
receive compensation at the same hourly rate of pay as upon the
effective date of this Code for the forty (40) hour week and for an
S equitable readjustment shall receive, because of the reduction in hours
over forty (40) which may have been in force prior to the effective
date of this Code, additional pay computed at the rate of fifty (50%)
percent of the hourly scale for all hours in excess of forty-eight (48)
hours per week which may have been previously worked.
(c) In the event, however, that (1) no prevailing scale of wages and
maximum number of hours for such employees exist in such community
with respect to such employees, or (2) any dispute should arise as to
what is a minimum scale of wages or the maximum number of hours
of labor with respect to any of such employees for a particular class
of theatre or theatres in any particular community then and in either
of those events such disputes shall be determined as follows:
(1) If the question at issue arises with an organization of such
employees affiliated with the American Federation of Labor, then a
representative appointed by the National President of such affiliated
organization, together with ..a representative appointed by the em-
ployers, shall examine into the facts and determine the existing mini-
mum scale of wages and maximum number of hours of labor for such
class of theatre or theatres in such particular locality, and in the
event they cannot agree upon the same, they shall mutually designate
an impartial third person who shall be empowered to sit with such
representatives, review the facts and finally determine such dispute,
with the proviso, however, that in the event such representatives
cannot mutually agree upon such third person, then the Administrator
shall designate such third person; or
(2) If the question at issue arises with unorganized employees or
with an organization of such employees not affiliated with the Ameri-
can Federation of Labor, and if in said community there exist members
of such affiliated organization directly and regularly employed by any
employers, then a representative of such unorganized employees, or,
as the case may be, a representative appointed by the President of
such unaffiliated organization, or both, together with a representative
appointed by the National President of such affiliated organization
above referred to, together with a representative appointed by the
employers, shall examine into the facts and unanimously determine
the existing scale of wages and maximum number of hours of labor for
such class of theatre or theatres in such particular community, and in
the event they cannot unanimously agree upon the same, they shall
mutually designate an impartial person who shall be empowered to
sit with such representatives, review the facts, and finally determine
such dispute, with the proviso, however, that in the event such repre-
sentatives cannot mutually agree upon such impartial person, then
the Administrator shall designate such impartial person; or
(3) If the question at issue arises with unorganized employees or
with an organization of such employees not affiliated with the Ameri-
can Federation of Labor and not subject to the foregoing provisions of
sub-paragraphs (1) and (2) of Paragraph (c) hereof, then a representa-
tive of such unorganized employees, or, as the case may be, a repre-
sentative of the President of such unaffiliated organization, or both
together, with a representative appointed by the employers, shall
examine into the facts and determine the existing minimum scale of
wages and maximum hours of labor, for such class of theatre or theatres
in such particular locality, and in the event they cannot agree upon
the same, they shall mutually designate an impartial person who shall
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be empowered to sit with such representatives, review the faez tpnd
finally determine such dispute, with the proviso, however, that in.the
event such representatives cannot mutually agree upon such impartial
person, then the Administrator shall designate such impartial person.
(d) Pending the determination of any such dispute, the rate of
wages then paid by the employers in such theatre or theatres in such
community, and the maximum number of hours then in force shall
not be changed so as to decrease wages or increase hours. However,
if the hours exceed those established by this Code they shall be
decreased to the maximum allowed.
(e) In order to effectuate the foregoing provisions of Section 1,
hereof, and pending the determination of any dispute as above speci-
fied, the employees herein embraced and provided for agree that they
shall not strike, and the employers agree that they shall not lock out
2. In no event shall the duties of any of the employees hereinabove
specified in Section 1 (a) directly and regularly employed by the
employers as of the effective date of this Code, be increased so as to
decrease the number of such employees employed in any theatre or
theatres in any community, except by mutual consent.
3. By reason of the professional character of their employment, the
minimum wage and maximum hours of employment of employees
performing the duties of musicians shall as heretofore be established
by prevailing labor agreements, understandings, or practices.
4. With respect to disputes arising between employees and em-
ployers the parties pledge themselves to attempt to arbitrate all such
5. Overtime shall be compensated for at the rate of one and one half
(1 ,) times the normal rate.
6. The Administrator after such notice and hearing as he shall
prescribe may revise or modify any determination of any dispute
pursuant to Article V, Section 1 hereof.
ARTICLE VI-GENERAL LABOR PROVISIONS
1. Employers shall not employ any employees under the age of
eighteen (18) years.
2. In compliance with Section 7 (a) of the Act it is provided:
(a) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection;
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organization
of his own choosing; and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay and other conditions of employment,
approved or prescribed by the President.
3. No provisions in this Code shall supersede any State or Federal
Law which imposes more stringent requirements on employers as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, or insurance or fire protection,
than are imposed by this Code.
4' All employers shall post complete copies of this Code in con-
spicuous places accessible to employees.
S5. No employee now employed at a rate in excess of the minimum
shall be discharged and re-employed at a lower rate for the purpose
of evading the provisions of this Code.
1. There shall forthwith be constituted a Code Authority consist-
ing of nine (9) persons to be elected by the members of the Industry
by a fair method to be approved by the Administrator.
2. In addition to membership as above provided, there may be
three (3) members, without vote, to be appointed by the Adminis-
3. 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.
4. As and when any question directly or indirectly affecting any
class of employees engaged in the Burlesque Theatrical Industry is
to be considered by the Code Authority, one representative of such
class, appointed by the Administrator, shall sit with and become for
such purposes a member of the Code Authority with a right to vote.
5. If the Administrator shall determine that any action of the
Code Authority or any agency thereof is unfair or unjust or contrary
to the public interest, the Administrator may require that such
action be suspended for a period of not to exceed thirty (30) days to
afford an opportunity for investigation of the merits of such action
and further consideration by such Code Authority or agency pend-
ing final action, which shall be taken only upon approval by the
6. Members of the Industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
volume of business and/or such other factors as may be deemed
7. 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.
8. The Code Authority shall have the following further powers and
duties, the exercise of which shall be reported to the Administrator
and shall be subject to his right of review, set forth in Section 5 hereof:
(a) To insure the execution of the provisions of this Code and pro-
vide for the compliance of the Industry with the provisions of the
Act, under such rules and regulations as may be established by the
(b) To adopt By-Laws and Rules and Regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from the members of the Industry such information
and reports as are required for the administration of the Code and to
provide for submission by members of such information and reports
as the Administrator may deem necessary for the purposes recited
in Section 3 (a) of the Act, which information and reports shall be
submitted by members to such administrative and/or government
agencies as the Administrator may designate; provided that nothing
in this Code shall relieve any member of the industry of any existing
obligations to furnish reports to any government agency. No individ-
ual reports shall be disclosed to any other member of the Industry
or any other party except to such governmental agencies as may be
directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for herein,
provided that nothing herein shall relieve the Code Authority of its
duties or responsibilities under this Code and that such trade associa-
tions and agencies shall at all times be subject to and comply with the
(e) To make recommendations to the Administrator for the
coordination of the administration of this Code with such other codes,
if any, as may be related to the Industry.
(f) To secure from members of the Industry an equitable and pro-
portionnte payment of the reasonable expenses of maintaining the
Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia, solely by those members of the Industry who have
assented to, and are complying with, this Code.
(h) To recommend to the Administrator further fair trade practice
provisions to govern members of the Industry in their relations with
each other or with other industries and to recommend to the Admin-
istrator measures for industrial planning, including stabilization of
(i) Where the operations of the provisions of this Code impose an
unusual or undue hardship upon any producer or employer such pro-
ducer or employer may make application for relief to the Administra-
tor or to his duly authorized agent, and the Administrator or his
agent may, after such public notice and hearing as he may deem
necessary, grant such exception to or modification of the provisions
of this Code as he may deem necessary to effectuate the policy of the
National Industrial Recovery Act.
ARTICLE VITI-TRADE PRACTICES
1. No member of the Industry shall attempt to induce the breach
of an existing contract between a competitor and his employee; nor
shall any such member interfere with or obstruct the performance of
such contractual duties or services.
2. No member of the Industry shall join or participate with other
members of the Industry who with such member constitute a sub-
stantial number of the members of the Industry or who together
control a substantial per cent of the business, in any transaction
known in law as a black list, including any practice or device (such
as a white list), which accomplishes the purpose of a black list.
3. No member of the Industry shall (a) lower the admission prices
publicly announced or advertised by his theatre by giving rebates, in
the 'form of lotteries, prizes, reduced script books, coupons, throw-
away tickets or by two-for-one admissions, or by other methods or
devices of similar nature which directly or indirectly lower or tend to
lower such announced admission prices and which are unfair to com-
peting employers, or which deceive the public. This provision shall
not be deemed to prohibit members of the Industry from reducing or
increasing their admission scales as they see fit, provided that such
admission scales be publicly announced or advertised.
4. Displaying the name "Burlesque" on any theatre, hall, tent or
other place of exhibition, shall be prima facie evidence that the em-
ployer of the attraction is subject to this Code.
1. This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of subsection (b) of Section 10 of the National Industrial Recovery
Act from time to time to cancel or modify any order, approval,
license, rule or regulation issued under Title I of said Act, and Spe-
cifically to the right of the President to cancel or modify his approval
of this Code or any conditions imposed by him upon his approval
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Administrator and
such notice and hearing as he shall specify, and to become effective
on approval by the Administrator.
ARTICLE X-MONOPOLIES, ETC.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress or discriminate
against small enterprises.
ARTICLE XI-EFFECTIVE DATE
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 348.
Registry No. 1748-14.
UNIVERSITY OF FLORIDA
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3 1262 08582 8480
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