Code of fair competition for the beauty shop industry as submitted on August 26, 1933

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Material Information

Title:
Code of fair competition for the beauty shop industry as submitted on August 26, 1933
Portion of title:
Beauty shop industry
Physical Description:
6 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. 1708-2-69."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930928
oclc - 645169479
System ID:
AA00008430:00001

Full Text

IFor sle by the Baperintendent of Doculments, W~asington. D <'. Prim~ 5 eakt


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~NATIONAL RECOVERY ADMINISTRATION






C ODE OF FAIR C'OMPE TITJ~I ON

FOR THE




BEAUTY SHOP INDU~~SBRK


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AS SUBMITTED ON AUGUST 20, 1933


REGISTRY No. 1708---2 69





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








MEMBER





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,,, .,WE DO OUR PART





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UNITED STATES
GOVEERNENT PRINTING OFFICE
WASHINGTON: 1988





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INDUSTRIAL RECOVERY CODE AND CODE OF FAIR COMPEL
TITION FOR THE BEAUTY SHOP INDUSTRY
SUBM~IITTED BY THE. NATIONAL HAIRDRESSERS AND COSMETOLO-
GISTS' ASSOCIATION

ARTIoLE I--FURPOSE

To effectuate the policy of Title 1 of the National Industrial Recov-
ery Act, during the period of emergency, by reducing and relieving
unemployment, improving the standards of labor, eliminating com-
petitive practices destructive to the interest of the public, employees
and employers, relieving the disastrous effects of overcapacity, and
otherwise rehabilitating the beauty shop industry, and by increasing
the consumption of industrial and agricultural products by increased
purchasing power, and in other respects, the following provisions aire
established as a Code of Fair Competition for the Beauty Shop
Industry.
ARTICLE II--DEFINITIONS

(a) The term "beauty culture industry" as used herein includes,
but is not limited to, the vocation of the persons, firms, or corporations
owning, conducting, operating, or managing beauty shops (also
known as hairdressing, cosmetologist, and cosmetician shops), and
of persons employed therein practicing beauty culture and other
related branches as may be included in the provisions of this Code
from time to time; and the term "beauty culture" shall include any
and all work done for compensation either directly or indirectly, by
any person, which work is usually performed by so-called hair-
dressers, cosmetologists, cosmeticians, or beauty culturists in so-called
hairdressing and beauty shops (or however denominated) ordinarily
patronized by women, which is for the embellishment, cleanliness,
and beautification of the woman's hair, such as arranging, bleaching,
cleansing, coloring, curling, cutting, dressing, singeing, waving (includ-
ing permanent waving), or similar work thereon or thereabout; and
the cleansing, exercising, massaging, manipulating, stimulating, or
similar work upon the scalp, face, arms, or hands by the use of
manual, or mechanical, or electrically operated apparatus or appli-
ances, or antiseptics, cosmetics, creams, lotions, preparations, tomecs,
or by any other means; and the manicuring of the nails, which
enumerated practices shall be inclusive of the practice of beauty
culture but not in limitation thereof; or as otherwise defined by State
Laws wherever laws governing the vocation are in force.
(b) The term "Employer", as used herein, means any of those by
whom persons are employed to do such work.
(c) The term "Employee"as used herein means any person em-
ployed in the conduct of any phase of the vocation.
(d) The term "Effective Date" as used herein means thle eleventh
day after this code shall have been approved by the President of the
Um'ted States.
8177-3 1







(e) Population for the purpose of this code shall be determined by
reference to the 1930 Federal Census.

ARTICLE -III-LABOR PROVISIONS

(a) Employees shall have the right to organize and bargain col-
lectively through representatives of their owrn choosing, and shall be
free from interference, restraint. or coercion of employers of labor,
or their agents, in the designation of such representatives, or in self-
organization, or in any other concerted activities for the purpose of
collective bargaining or other mutual a~id or protection.
(b) No employee a~nd no other seeking employment shall be re-
quired as a condition of employment to join any company union or
to refromn from joinmng, orgamizmg, or assisting a. labor organization
of his or her own choosing.
(c) Employers shall comply writh the maximum hours of labor,
minimum rates of pay,! and other conditions of employment, approved
or prescribed by the President.

ARTICLE IV-CHILD LABOR

On and after the effective date of this Code, no person under six-
teen (16) years of a~ge shall be employed; provided, that where a
State law~ specifies a higher mlinimnum age, no person below the age
specified by such Sta~te lawl shall be employed within that State.
ARTICLE V--PENAL LABOR

No penal labor shall be used in t~he industry governed by this
Code .
ARTICLE VI--HOURS

On and after the effective date of this Code, no employee may be
employed in any beauty shop for more, than forty-eight (48) hours in
any one week, and not more than eight (8) hours in any one day;
provided, in the case of the day before a legal holiday, or for the pur-
pose of ta~kinga care of the demands created by an extraordinary or
special social event, when sanctioned by the District Control Commit-
tee (hereinafter provided) then those hours mzay be extended upon the
payment. of one and one third "overtime; but. in no event shall such
overtime exceed three (3) hours in any one week.
Executives earning a salary of at. least $35.00 per week are exempt
as to the provisions governing hours; provided, however, that when
the owner, partner, and/or executive is actually engaged in the prac-
tice of beauty culture, then such owner, partner, and/or executive is
subject to t.he hourly limitations insofar as beauty-culture service is
concerned .
(b) The hours of beaut~y-shop operation shall not be reduced to
below fifty-t.w\o (52) in any one week, unless such hours were less than
fifty-two (52)r per week before July 1, 1933, and in the latter case the
hours shall not be reduced at all.
(c) Prioided, howcierer, That. in bona-fide resorts havn el-eie
social season, t~he hours of any beauty shops may be reduced to below,",
fifty-tw~o (52) in any one week when sanctioned by the District Control
Committee (hereinafter provided) having jurisdiction.








()Where the State law specifies a lower maximum number of hours
'thiat may be worked, no employee may be worked above the maximum
sain..specified by such State law within that State.
ARTICLE VII--WAGES

S(a) Employees shall be paid not less than fifteen dollars ($15.00)
per week in any city of over five hundred thousand (500,000) popula-
tion or in the immediate trade area of said city; and not less than four-
teen dollars ($14.00) per week in any city of five hundred thousand
(500,000) population or less, or in the immediate trade area of such
city; and in towns of less than two thousand five hundred (2,500)
population,. no employee shall be paid less than twelve dollars (512.00)
per week.
(b) Whenever commissions are paid as wages, the minimum wage
per week set forth in this article shall be guaranteed, and tips and
other gratuities received by employees shall not be construed as part
of the wages earned by such employees.
(c) Where a state law specifies a higher minimum wage, no em-
ployee may be paid less than the minimum wage specified by such state
law within that state.

ARTICLE VIII.--ADMINISTRATION

(a) District Control Committee.--There shall be a District Control
Committee of the National Hairdressers' and Cosmetologists' Asso-
ciation in each of the Federal Reserve Bank Districts of the United
States. The chairmen of such committees shall be designated by the
National Hairdressers' and Cosmetologists' Association. One half of
these respective chairmen so designated shall hold office for a period
terminating the end of the second year from the effective date of this
Code. The remaining half of these respective chairmen so designated
shall hold offce for a period terminating the end of the first year from
the effective date of this Code: Provided, however, That in each case
said chairman shall continue to hold office until his successor shall
have been duly designated by the National Hairdressers' and
Cosmetologists' Association and shall have qualified.
Each such District may be divided into geographical divisions hav-
ing well-defined trade areas, and the District Chairman thereof may
appoint one or more persons who shall have been approved by the
National Hairdressers' and Cosmetologists' Association, who, to-
gether with said Chairman, shall function as the District Control
Committee in said District.
(b) Proposals in respect to matters affecting more than one division
within say one district may be initiated by any such division, but
shall be submitted for consideration and approval to the District
Control Committee thereof, and its determination shall be bindine
upon said division and upon all other divisions of said Distlrict affece
thereby.
Whenever a State law shall have jurisdiction over the subject me ster
of any action taken or within the purview of the administration of
such District Control Committee, such State law shall govern within
the territory of such State thereny affected.
(c) Such District Control Committee is also set up to cooperate with
the National Recovery Administration to secure adherence to this








Code; to hear and adjust complaints within its district; to determine
the minimum prices as herein provided; to sanction extension of work-'
ing hours or reduction of operating hours as provided in Article VI
of this Code.; to consider proposals for amendments hereto, and
otherwise carry out the purpose of the National Industriail Recovery
Act as set forth in this Code.
(d) National Control Committee.--There shall be a National Control
Committee of the National Hairdressers' and Cosmetologists' Associ-
ation, which shall consist of the chairmen of each of the District Con-
trol Committees; provided, however, that each said District Chairman
shall have the right to designate a vice chairman from among the
members of his respective district control committee, who shall act
in his stead during his pleasure or periods of absence or inability to'
serve. The Chairman of the National Control Committee shall be
designated by the National Hairdressers' and Cosmetologists' Asso-
ciation; provided, however, that, in t~he event such Association shall
fail to designate such National Control Committee Chairman within
reasonable time, then the membership of the National Control Com-
mittee shall elect its own chairman. The Chairman of the National
Control Committee shall not be a District Control Committee chair-
man during the period of his tenure of National Control Committee
office.
(e) The National Control Committee shall be the general planning
and coordinating agency of the industry. It shall have such powers
and duties as may be necessary and proper to administer fully and
effectuate the purpose of this Code with respect to the Beauty Culture
Industry; and in addition thereto it shall:
(1) Require, as in its judgment may be necessary to adequately
advise it from time to time for the administration and enforcement
of the provisions of this Code, relevant reports from each District
Con trol Committee ;
(2:) Upon complaint of interested persons or upon its own initiative,
make such investigation or inquiry into t~he operation or enforcement
of thiis Code as may be necessary;
(3) Adopt such reasonable rules and regulations as may be necessary
for the administration and enforcement of this Code;
(4) Elect its officers (except. that it shall not elect its chairman
unless t~he National Hairdressers' and Cosmetologists' Association
shall have failed to have designated such chairman as provided in
paragraph "d" in the foregoing);
(5) Designate the. duties of such offcers;
(6) Provide for the financing of the operation of this Code payablet
in assessments of equitable proportion by all persons, firms, or corpora-
tions participating in it: Provided, however, That if the said National
Control Committee shall at any time determine t-hat there is a surplus
on hand from assessments so collected in excess of the moneys needed
for such administration and enforcement, then, in that event, the
National Control Committee mary, at any meeting, set aside in a spe-
cial account a~ll or any portion of said surplus which sum shall be held
therein. The next Convention of the National Hairdressers' and Cos-
metologist~s' Association may order the expenditure of any or all of
the amount so set aside and so held: Provided, however, That same is
expended only for the benefit of t~he entire beauty shop industry: And
provided further, That the said National Hairdressers' and Cosm~e-






5~IU~III~m~R~IIUUln

.-tologists' Association shall have caused to be published in its own
eflicial journal, or in at least two trade journals devoted to the inter-
eists of the beauty shop industry and of general circulation therein,
notie of this contemplated action, and such notice appear at least
--- days previous to such Convention during which such contem-
.plathid action is desired to be taken.
(f) The National Control Committee may designate agent or
e;~gnts as it may: determine necessary from time to time, to which
:'rgent or agents it may delegate any or all of its specific authority
necessary for the proper execution of the duty or duties assigned to
'such agent or agents.
(g) Tihe National Control Committee may authorize any or all of
its Distric~t Control Committees to similarly designate agent or agents
to whom such District Control Committee may delegate any or all
Sof said District Control Committee's specific authority necessary for
te proper execution of any or all of said District Control Committee's
dukes.
(h) The National Control Committee shall serve as an executive
.agency for the participants of this Code. It shall be charged with the
administration and enforcement of the provisions of this Code; of
hearing and aldjusting complaints or causing them to be referred to
cl -the National Recovery Administration for action.
(i) The National Control Committee shall consider proposals for
amendments to this Code and shall report on same with recommen-
-dations, to the National Hairdressers and Cosmetologists' Association
for action.
()The National Control Committee shall be the general p lannng
coordinating agency for the Beauty Shop industry, and shall
: cooperatte with organizations of other industries to the end of affecting
a balance of national economy.
ARTICLE I11-PARTICIPATION

(a) Participation in this Code and any subsequent revisions,
amendments of, or additions to this Code shall be extended to any
person engaged in the Beauty Culture industry who accepts his share
of the cost and responsibility, as well as the benefit, of such participa-
tion by becoming a party to said Code.
(b) F'ailure to pay assessments levied by authority and order of the
National Control Committee as herein provided, within thirty (30)
days after same shall have become payable, shall constitute a violation
of this Code.
ARTICLE XZ-TRADE PRACTICE RULES

Any provisions included in this Code, and such other provisions
-as may be provided to be included herein under the National Recovery
Act, may, with the approval of the President, be modified or, elimi-
nated as changes in circumstances and experience may indicate. It is
contemplated that supplementary provisions to this Code or additional
codes will be submitted to the President from time to time to prevent
unfair competition in prices and other destructive and unfailr com-
petitive ppracticesl and to effectuate the other policies of Title 1 of the
National Inustrial Recovery Act; and it is further contemplated to
proceed to formulate rules of fair trade practice forthwith, whicb, shall
be grouped together with other similar provisions if and when formu-








lated and made part of this Code, whereby such provisions may have
complete separation in every way so that the scope of the various od~es~
of the manufacturers of beauty culture articles, equipment aind/~or
supplies; of the wholesale distributors thereof; of the schools for the
teaching of beauty culture; of other retailers or practitioners in the
same general or related industries, do not unreasonably invade each
other.
We now declare the following to be unfair trade practices:
(a) To render ser-vice or sell merchandise below the average reason-
able cost of production of such service, or of such merobandise, plus a
profit, of fifteen percentum (15%0) according to a standard maethod: of
costing which shall be provided by the National Control Co9mmttee
and adapted by each District Control Committee to conditions which
may be peculiar to that particular District.
(b) For a school to make a charge for beauty culture work done
therein, except that such school make such charge for work done only~
in a special department which is entirely separate from that devoted.
to the teaching of beauty culture t~o students, and further excepted
that said department wherein work is done for the public for pay, shal
be considered a beauty shop and shall automatically be placed under
the government of this Code.
(c) For a school, by advertising device or design, or by oral repre~-
sentat~ion, to conceal its identity as an institute of learning; or to
neglect to make it~s status as a. school apparent either by advertising
device or design, or oral representation, and the posting of conspic-
uous signs on or about the premises, whereby a prudent member of
the public. would have inadequate means of knowing that the work
performed or the service given therein is of a clinical nature only:
Provided, howLevler, That a beauty culture school may maintain a
department, for expert graduate service as provided in paragraph b ?
immediately above and placing itself under the government of this
Code.
ARTICLE XI~. GENERAL

No provision of this Code shall be interpreted to apply in any
manner as to:
(1) Promote monopolies;
(2) Permit or encourage any unfair competition;
(3) Eliminate or oppress sitrall enterprises;
(4) Discriminate against small'enterprises.






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