Code of fair competition for the beauty shop industry as submitted on August 29, 1933

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Material Information

Title:
Code of fair competition for the beauty shop industry as submitted on August 29, 1933
Portion of title:
Beauty shop 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:
Beauty shops -- Law and legislation -- United States   ( lcsh )
Genre:
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1708-184."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930929
oclc - 645172167
System ID:
AA00008429:00001

Full Text



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For a~le by the 8perintendenterlDocuments, WealdngtonD.C. . PriceS cats


NATIONAL RECOVERY ADMINISTRATION


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AS SUBMITTED ON AUG UST 29, 1933



REGISTRY No. 1708-184


The Code for the Beauty Shop Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry


WE DO OUR PART


UNITED STATES
GOVERNMbENT PRINTING OFFICE
WAISHINGTON: 2193


CODE OF FAIR CO1MPETITIQiN


BEAUTY SHOP INDUSTRY





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CODE OF FAIR COMPETITION OF THE AMERICAN
COSMETICIANS ASSOCIATION
AnTICLE I--FURPOSE
SECTION 1. The American Cosmeticians Association, constituting
a majority of beauty shop~ owners and operators in this country and
representative of the entire beauty shop industry throughout the
United States, in its effort to cooperate to the fullest extent with the
President of the United States, hereby adopt this Code pursuant to
Title 1 of the National Industrial Recovery Act.
SEC. 2. The purpose of this Code is to effectuate the purposes and
policies of Title 1 of the National Industrial Recoveryv Act insofar
as it is applicable to beauty shop industry of the country.
SEc. 3. The beauty shop industry is composed of beauty shops
selling service, cosmetics and toilet preparations, as defined in this
Code, and is represented by the American Cosmeticians Association,
whose national headquarters aire located in the Hotel Sherman,
Chicago, Illinois.
The authority of the American Cosmeticians Association, except
during the time of the annual meetings, is vested in the Board of
Managers consisting at, this time of the following members: M~rs. S. R.
Lindquist, Rockford, Illinois; Mfiss Frances M~artell, Chicago, Illinois;
Mrs. Hannah Schapp, Chicago, Illinois; M~rs. M~ary Hill, Chicago,
Illinois; M~rs. Ml. B. MlcGavran, Kiansas Cityv, M~issouri; M~rs. E. L.
Tracy, Kansas City, M~issouri; M~iss Elizabeth Theilen, St. Louis,
Missouri; Mlrs. Florence B. M~enge, Kansas Cit~y, M~issouri; M~rs. Bell
Stice, Joplin, M~issouri; M~rs. Irene Johnson, Kansas City, Miissouri;
Miss Theo Bender, St. Louis, Mlissouri; M~iss Hazel Ravenscrof't,
Bartlesville, Oklahoma; M~rs E. J. Hanson, Oklahioma Cityr, Okla-
homa; M~iss Ethel Taylor, Henryetta, Oklahoma; M~r. Floyd Z. Gill,
Tulsa, Oklahoma; Mir. P. H. Burgess, Oklahoma City, Oklahoma;
Mrs. M~ary Sanftner, Forest City, Iowa; Mfrs. Miay Vogt, M~ilwaukee,
Wisconsin; M~iss Jeannett~e Jacobs, Mfilwaukee, Wisconsin; M~iss Ei-
leen Blum, West Palm Beach, Florida; M~me. Le Lian A. Krumm,
Miami, Florida; M~iss M~aryv Bradon, Cleveland, Ohio; Mlrs. Charles
Hutson, Lonoke, Arkansas; Mlrs. Mfabel Hitchcock, Little Rock,
Arkansas; Mrs. J. A.~ M~cCann, Fort Smith, Arkansas; M~iss CarolyFn
Burr, Baltimore, M~aryland; Mirs. Ruth D. Mfaurer, New Y'ork Cityv,
N.Y.; Miss Alta Pruden, Hornfall, N.Y.; Mlrs. Anna Grennie, Staten
Island, N.Y'.; M~iss Janet M~ersonick, Raton, New Mlexico; Mrs. Eliz-
abeth Davis, Washington, D.C.; M~rs. Anna Harris, New Orleans,
Louisianat; Mlme. Helene, New Orleans, Louisia~na; M~rs. Emma
Norris, Newrton, Kansas; M~rs. Sarah Sayles, Shelbyville, Kentucky;
Mrs. Elizabeth Dorr, Lexingt-on, Kentucky; M~rs. Maybel Ellick,
Jackson, Mississippi; Mrs.. W. E. Cowart, Hattiesburg, M!ississippi;
Miss Irene Gray, Omaha, Nebraska; Mliss Arlene Hudson, Mfobile,
Alabama; Miss Flo Chadwick, Huntington, West Virginia; Mliss Isa,
sets--3a (1)








Taylor, Clarksburg, W7est Vlirginia; MIiss Josephine Hanlen, Beau-
mont, Texas; Miiss Anna Baum, Green, Texas; M~rs. E~thel B. Davis,
Macon, Ga.; Mirs. Winifred Fayrant, Philadelphia, Pa.; Mrs. A. E.
Voegle, Greensburg, Pa.; Mlrs. Vences Simpkins, Rugby, North
Dakota.
ARTICLE ~II-D EFI~NITIONS
Wherever used in the Code the terms hereina.fter in this Article
defined shatll, unless the context shall otherwise clearly indicate,
have the respective meanings hereinafter in this article set forth.
The definition of any such term in t-he singaulalr shall apply to the use
of such terml in the plural and vice versa..
SECTION 1. The term "the United States" means and includes all
of the territory of the United States of America on the North Ameri-
can continent including Alaska and the Canal Zone and the insular
possessions of the Unit~ed States.
SEc. 2. The terml the President means the President of the
United Stat~es of America..
SEC. 3. The term beauty culturist as used herein shall mean all
persons engaged in manicuring, the application of cosmetic prepara-
tions by massaging, stroking, kneading, slapping, tapping, stimulat-
ing, manipulating, exercising, cleansing, beautifying, or by means of
devices, apparatus or appliances; in arranging, dressing, cutting,
t~rimmling, marcelling, curling, w~aving, cleansing, singeingo, bleaching,
coloring,~ P dengT prPessing tinting, or otherwise treating hair; in
applying, attaching, adding hair or other materials or devices, when
done for cosmetic or bea~utifyingq purposes to or on the body of any
female person.
SEc. 4. The term beauty shop shall mean all establishments
where beauty culture is practiced, except barber shops.
SEc. 5. The term cosmeticscs' a~nd the terml "toilet preparations"
shall muean and include perfumes, toilet waters, face powders, face
creams, rouges, shaving creams, dentifrices, soaps and similar sub-
stances and preparations designed and intended for application to
the person for the purpose of cleansing, improving the appearance of,
rePfreshi~ng or preserving, and beuit~ifying the person.
SEC. 6. The term "'industry means and includes the business of
practicing beautyV culture and selling cosmetics and toilet preparations
at retail in beauty shops in the United States.
SEc. 7. The term "'member of the beauty shop industry" means
and includes any person, firm, business trust, association or corpoira-
tion engaged in the business of practicing beauty culture or selling
cosmetics and toilet preparations at retail in beauty shops in the
United States.
SEc. 8. The term the Code means and includes this Code and
all schedules annexed hereto ats originally approved by the President
and al amendments hereof and thereof made, as hereinafter in
Article X provided.
SEC. 9. The term member of the Code means any member of
the Industryr who shall have become a member of t~he Code as herein-
after provided.
SEc. 10. The termi National Control Board means a board of
three to be appointed by the Aldministrator of the National Industrial
Recovery Act.







SEc. 11. The term "unfair practice means and includes any act
described as unfair in ARTICLE VI of this Code.
SEC. 12. The term "employee as used herein shall include all
persons engaged in the practice of beauty culture except executive,
administrative, and supervisory employees whose salaries exceed
$35.00 per week.
SEc. 13. The term "employer as used herein shall include all
owners of beauty shops.
SEC. 14. The term "apprentice" as used herein shall mean all
persons engaged in the practice of beauty culture not legally qualified
to independently practice beauty culture in the state where they
reside .
SEc. 15. The American Cosmeticians Association as stated in
ARTICLE I is an organization made up of persons, firms, associations
or corporations owning retail beauty shops and individuals practicing
beauty culture and. constituting a representative organization of the
entire beauty shop industry in this country.

ARTICLE 111--1fEMBERSHIP

~Any person, firm, association, or corporation operating a beauty
shop or employed therein is eligible for membership in the operation
of this Code by signing and delivering to the Admlinistrator of the
National Industrial RecoveryT Administration, W~ashington, D.C.,
or to the Secretary of any national or state association of beauty
shops, a letter substantially in t-he form annexed hereto and paygin
the fees equitably assessed for meeting the expenses of the administra-
tion of this Code.

ARTICLE IV--Hovas or LABOR, RATES OF PAY, AND OTHER CONDI-
TroNS or EMPLOYMENT
SECTION 1. Pursuant to subsection (a) of Section 7 of the National
Industrial Recovery Act, t~he Code shall be subject to t~he following
conditions:
(a) That employees shall have t~he right to organize a~nd 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 reframn from jolming, orgamizmg, 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.
(d) It is agreed by the members of the beauty-shop industry that
after August 31, 1933, they will not employ any person under 16
years of age, except that persons between 14 and 16 mary be employed
not to exceed three hours per day, and those hours between 7 A.M4.
and 7 P.M., in such work as will not interfere with hours of dayv school.
SEc. 2. Hours.--(a) No person engaged in the beauty-shop indus-
try shall work any employee engaged in the practice of beauty culture,






including mlaids, a~nd porters, for more than 48 hours per week and
not more than eight hours in any one day.
(b) No person engaged in the beauty-shop industry shall work
any executive, admnumstrative, and supervisory employees not includ-
ing owners, for more than forty hours per week and not more than
eight hours per day excepting Sa~turdays and days preceding legal
holidays, provided, how-ever, that where owners, or exuecutivre, admin-
istrative, and supervisory employees are actually engaged in the prac-
tice of beauty culture they shall not w~orke more than 48 hours per
w~eek and not more than eight hours in any one day.
(c) It is agreed not. to reduce the hours of service in any beauty
shop t~o below 52 hours in any one week unless such hours were less
than 52 hours per week before! July 1, 19;33, and in the latter case not
to reduce such hours at all.
SEC. 3. RalC8 Of Pay.-(a) In cities of over 500,000 population,
or in thl~e immledialte trade area of said cities, the minimum wage for
beauty cultuirists shall be $15.00 per week.
(b) In cities or villages of from 2,50)0 to 500,000 population, or in
the immediate trade ar~ea of said cities or villages, the minimum wage
for beautyv uldturists shall be $14.00 per week.
(c) In cities or villages of less than 2,500 population, or in the
immediate trade area of said cities or villages, the mnummum wage for
beauty culturists shall be $12.00 per w;eek.
Population for thl'e purposes of this agreement shall be determined
by reference to t~he: 19.30 census.
(d) In all Cities and viilla~gets executive, administrative, and super-
visoryv employees shall be paid the samle mninimnum w~age as the beauty
cultur~ist~s in such cities and villa.gaes except such other employees as
maids and porters whose minimum w\age sha.11 be $4.00 per week less
than t~he schedule in such cities or villages.
(e:) The milimmuml rate of pay for pa~rt-time beauty culturists shall
be forty cents per hour.
(f) Wanges shall not be reduced for employment now in excess of
t.he mlinimnum waRges herebyv set forth, notwithstanding that the hours
worked in such employment may be reduced.
(g) WThenever commissions are paid a~s wages, the minimum wage
per w5eek set forth in this article shall be guaranteed, and tips and
other gratuities received by employees shall not be construed as
wages. The rate of commission shall be t~hat. rate prevailing and
generally accepted by a majority of the Industry in that state.
(h) The use of apprentices in beauty shops shall be discouraged
and owners of beauty shops shall not. admit. apprentices to practice
in their shops who have not. a~t this time commenced their appren-
ticeship.
No subterfuge willl be made to frustrate the spirit and intent of
this agreement, which is, among other things, to increase employment
by a, universal cov-enant., t~o remove obst~rut~ions t~o commerce, and
to shorten hours, and t.o raise wag~es for the shorter week to a living
basis.
ARTICLE V'-PRICES
SECTION 1. No beaut~y-shop owner shall offer services or goods for
sale for a price less than cost plus 15% net profit. The term "'cost"
shall mean such standard fi ures as set forth by the National Board

















































ARTICLE VI--UNFAIR PRACTICES

For the purposes of the Code the following described acts shall con-
stitute unfair practices:
SECTION 1. Mc~aking or promising to any customer or prospective
customer any service or product, 'or to any officer, employee, agent
or representative or any such customer or prospective customer, any
bribe, gratuity, gift or other payment or remuneration, directly or
indirectly .
Any trading allowance given to any customer in connection with
the sale of any service or product or article, or delivering to such
customer in connection with such sale, any other merchandise of any
description, except upon payment in accordance with t~he provisions
of the Code.
SEC. 2. Procuring, otherwise than with the consent of any member
of the Industry any information concerning: the business of such mnem-
ber which is properly regarded by it as a trade secret or confidential
within its organization, other than information relating t.o a violation
of any provision of the Code.


of Control and shall include such items as rent, wages, and other
expenses commonly known as overhead. It is the intent of this pro-
vision that in making the above computation of prices Federal and
State excise or sales taxes shall not be included as a, part of costs,
but shall be added to the prices of the goods and service after such
computations have been made.
SEC. 2. Minimum prices in each state shall be determined by the
majority of shop owners in their respective states under the super-
vision ofthe State Board of Control as hereinafter provided for by
Article VIII of this Code, but in the event that the prices of ayr
such state shall not meet the approval ofthNtonlBrdf
Control the following schedule of minimum prices shall prevail:


$65. 00
.50


Perm anent wlaves.........-_ ..... .... --
Single perm anent curls......... ___ .. .... ..e .....
Shampoos:
Plain (short hair) _______ .... .______
Plain (long hatir)___ __ .... ___ _____
Special shampoo (short hair) _________ _
Special shampoo (long hair')______ _____
Hot oil and shampoo___________ ____
Medicated oil.. ._ ___ ____ ___ _
Dyeing and bleaching:
Dye (virgin head).... ___~_ ___~ _____
Retouch .. .. .
Henna pack .. ... .
Bleach_. _. .
R etouch .... ___ __. ... ...... ___
Cutting hair:
First cut (long hair). .. .. .
Cutting __ __- _. ........... ... .
Mlarcel__.... ___. ....._ __~ .. .. .
R ew ave ____. __.. ...... __.. .___._ .
Fingerwave__..... ._.....__ ... .. .
Ha~irdress_.... .... .... ..__ __ .... __ __
Manicure_ ____ _.......___.. ___
Plain Facial_____________ __________ ___. __
Facial Pack.............._ .__ __ .
Makeup __ .. .. .... .
Eyebrow and lash dye--.... ___ .. .__ ___- .. .


.0. 00
5. 00
2. 00
3. 00
1. 50

1. 00
. 50
1. 00
. 50
1. 00
. 50
. 50
1..50
2. 00
. 50
1. 50







SEC. 3. Imlitatinga or simulating any design, style, mark or brand
used by any other member of the In~dustry or knowingly selling: or
passing off any product with any such imitated or simulated design,
style, mark or brand.
SEC. 4. Using or substituting any material or product different in
brand, kind or quality from that specified by the customer thereof.
SEC. 5. The substitution of a product, method or service for one
which the customer believes he is purchasing.
The sale and/or delivery to a person of an article or service of a
different type, brand or trademark from that which the customer or
prospective customer believes he is purchasing, unless such fact be
disclosed by the time of sale or offer for sale by the vendor to the
customer or prospective customer.
SEc. 6. Using or substituting a.ny material or any method of manu-
facture, service, distribution, marketing or sale not in accord with
any applicable law, rule or regulation of any governmental authority.
SEC. 7. To prevent, by uninvited persuasion, disparaging innu-
endo or by concealment, a customer or prospective customer from
purchasing a particular product or service which he has requested.
The uninvited dissuading or the a attempt to dissuade a customer or
prospective customer from purchasing an article of a particular brand,
trade mark or type, which such customer has requested, and per-
suading or attemlptingo to persuade such customer to purchase an
article or service calculated and designed to serve the same purpose,
but, of a different brand, trade mark or type than the article requested,
unless the vendor has not available for sale the article so requested,
and unless such fact is so disclosed to such customer or prospective
customer.
SEc. 8. Disseminating, publishing, or circulating any false or mis-
leading information relative to any member of the Industry or to any
product., service, or price for any service, product manufactured or
sold b~ anyo member of t~he Inus~t~ry (includring one's owvn business or
products), or the credit standing, business conduct, or ability of any
member thereof to manufacture any product, or to the conditions of
employ-ment nmong the employees of any member thereof.
SEC. 9. All1 advertising or st~atement.s made to promote the sale of
service, cosnieties, and toilet preparations and toilet articles, whether
written or oral, including all forms of printed or oral recommendation
of one's goods under the control of the manufacturer, such as publicity
of all kinds including newspapers and magazine advertising, circulars,
Inbels, booklets, radio advertising,' and statements made orally in the
promotion of sales of such products by salesmen or others employed
dir~ect~ly or indirectly by the manufacturer, must be truthful and shall
not be false directly or by ambiguity or inference or tend to create a,
miisleading impression. The truth of the advertisement shall be
judged by its intended effect as well a~s by a literal rendering thereof.
SEc. 10. Indlucing or attempting t~o induce by any means any party
to a con tract with a mecmber of the Indust~ry to violate such contract.
Sec. 11. Aiding or abetting any person, firm, business trust, assocla-
tion or corporation in any unfair practice.
SEc. 12. Drinking any sale or contract of sale of any product or
service under anyr description which does not fully describe such prod-
uct in terms customarily used in the industry and conforming to any
applicable law, rule or r~egulation of any governmental authority.







SEC. 13. Accepting any offer on the part of any manufacturer or
wholesaler or jobber to pay any commission or any part of the salary
or wages of any employee, demonstrating or salesperson in the shop.
SEc. 14. Any violation of any State or Federal law now or hereafter
in force relating to the manufacture and sale or advertising of the
service or products of the Industry.
SEc. 15. No school of beauty culture shall be operated in connection
with a beauty shop.
SEC. 16. No person shall canvass from house to house selling beauty
culture service or supplies as the representative of any jobber, dealer,
or manufacturer and unless he shall be legally qualified to practice
beautyv culture, provided, however, that this section shall not prohibit
any beauty culturist representing an established beautyv shop from
practicing beauty culture outside her establishment.
SEc. 17. Any' violation of any other provision of said Code, whether
or not herein expressed to be such, or using or employing any practice
not hereinabove in this Article described which the National Board
of Control of the Beauty Shop Industry shall declare to be a practice
that would tend to defeat the policy of Title I of the National Indus-
trial Recoveryr Act, shall be deemed an unfair practice.
ARTICLE VCII--REPORTS AND STATISTICS
The National Board of Control is hereby constituted the agency of
the Beauty Shop Industry to collect, receive and transmit to the
President such reports concerning wages, hours of labor, and unfair
methods of competition as mnay be required by the President under
the provisions of the National I~ndustrial Recovery Act.
ARTICLE VIII--ADMINISTRATION
SECTION 1. All matters mentioned in this Code of Fair Competition
pertaining to the Beauty Shop Industry of the United States shall be
administered by a National Board of Control consisting of three
members to be named by the Administrator of the National Industrial
Recovery Act. Headquarters of said National Board of Control shall
be Washington, D.C.; and a subordinate Board shall be appointed in
each of the 48 states by the Administrator, said subordinate board to
be known as the State Board of Control and to consist of five mem~bers.
It is urged that in the appointment of both the national and state
boards all representative national and state associations submlit a
list of names of persons whom they deem qualified to serve as board
members.
SEc. 2. The national board herein provided for shall have all the
powers and duties conferred upon it by the Code and generally all
such other powers and duties as shall be necessary and proper to
enable it fully to administer and to effectuate the purposes of the
Code with respect to the beauty shop industry of the Unit.ed States.
SEc. 3. The expenses of administering the Code shall be borne by
the members thereof. The National Board of Control may from
time to time mla.ke such assessmlent~s on account of such expenses
against the members of the Code as it shall deem proper and such
assessments shall be payable as it shall specifys. Failure of any
member of the Code to pa~y any such assessment against such member
for a period of thirty days after the date on which it became paya.ble
has constituted a violation of the Code.







ARTICLE IX--GENERAL PnovsIGoNs

SECTION 1. No provisions of this Code shall be interpreted, applied,
or practiced in such manner as to promote or permit monopoly or
monopolistic practices, or to eliminate or oppress small enterprises, or
to discriminate against them.
SEC. 2. The violation of any of the provisions of this Code or any
rule or regulation issued thereunder approved by the President of the
United States shall be deemed to be an unfair method of competition.
SEc. 3. None of t~he provisions of this Code shall become effective
or practiced by anyone in the Indust~ry until the Code is approved by
the President. of the United States.
SEc. 4. If any provision of the Code be declared invalid or un-
enforceabhle, the remaining provisions shall nevertheless continue in
full force and effect the same a~s if they had been separately presented
for approval and approved by the President of the United States.
SEC. 5. This Code shall be in effect beginning ten (10) days after
its approval by the President of t~he Unit~ed States and shall remain in
effect uLnless and until modified or revoked, and until the expiration
of the National Recovery Act.
SEC. 6. NO Section of this Code shall nullifyr any provision of any
state, law.~ relating to the practice of beauty culture.

ARTICLE X--AMENDMENTS
SECTION 1. This Code a.nd a~ll the provisions thereof are expressly
made subject. to the power of the President., in accordance with the
provision of Clause 10 (b) of t~he National Industrial Recovery Act,
from time to time to cancel or modifyv a~ny order, approval, license, rule,
or regulation issued under Title 1 of said Act and specifically to the
power of the President to cancel or modify his approval of this Code
or any conditions imposed by him upon his approval hereof.
FORM OF LETTER OF ASSENT TO THE CODE
To tlhe Secretarry Almerican Cbsmeticians Alssociation,
Hotel Shierm~an, Chic.cago, Illlinois.
D)EAR SIR: The undersigoned, desiring to participate in the Code of
Fair Comipetition of the American Cosmeticians Association, dated
1933, a copy of which has been received by the under-
signed, hereby- assents to all of the provisions of said Code and by
so doing hereby becomes a member of the Code of the Beauty Shop
Industry. This assent becomes effective as of the date on which
the Code~ shall have been approved by the President of the United
States of America as therein provided, or as of the date on which the
Code shall have been delivered if such date shall be subsequent to
the approval of the Code of the President as aforesaid.
For all purposes of Section 1 of Article XE of the Code, the address
of the tlmdersigned, until it shall file wi~th you written notice of a
change of such address, shall be as set forth at the foot of this letter.
Very truly yours,
Address :

















































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UNIVERSITY OF FLORIDA
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