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UNIVERSITY OF FLORIDA
|IIIII |I11IIIII III I l I IIIIII H III l I I
3 1262 08482 9695
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS SUBMITTED ON AUGUST 22, 1933
REGISTRY No. 216-08
The Code for the Spat Manufacturing 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
D MURA-- I
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents
CODE OF FAIR COMPETITION FOR THE SPAT
SECIoN 1. To cooperate with the President of the United States
in effectuating the Policy of Title I of the National Industrial Re-
covery Act, the following provisions are submitted as a code of Fair
Competition for the Industry.
SEc. 2. This code is not designed to promote or permit monopolies,
or monopolistic practices, eliminate or oppress small enterprises,
or operate to discriminate against them, and shall tend to effectuate
the policy of the National Industrial Recovery Act.
SECTION 1. The National Spat Manufacturers Association being
organized will be a truly representative group of the Industry and
shall be the Cooperative Body for said Industry to assist in estab-
lishing regulations, and administering this Code, subject to the ap-
proval, and with the Cooperation of the President of the United
States or such Agencies as he may establish.
SEC. 2. The National Spat Manufacturers Association imposes no
inequitable restrictions on admission to membership therein.
SECTION 1. 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 repre-
sentatives or in self organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or
SEC. 2. 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 i labor organization
of his own choosing.
SEC. 3. 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 of the United States.
SEc. 4. The foregoing paragraph of this article shall not impair
the constitutional rights of the employee and employer to bargain
individually or collectively as may be mutually satisfactory to them,
or to operate an open shop.
SEc. 5. Nothing in this Code shall be construed to require an em,
ployer to negotiate with a representative of employees who is not
truly representative of the whole body of said employees.
ARTICLE IV-HOUS AND RATES OF PAY
SECTION 1. The maximum hours of labor, excepting outside sales-
men, watchmen, repairmen, engineers, firemen, cleaners, shipping
office, and supervisory staffs, shall be two thousand and eighty hours
per year on the basis of 40 hours per week: Provided, That during
seasonal peaks of demand, labor may be employed not. to exceed
fifty-four hours per week, in not more than twelve weeks of any year.
In case of accident or emergency, or to avoid shortage of work or
interruption of employment to the bulk of employees, labor may be
employed on special processes for a greater number of hours if less
than 5 percent of the total number of employees is involved.
SEC. 2. Minimum wages of labor shall be on an hourly basis at
the following rates per week of forty hours, and time employed shall
be computed on this basis.
In municipalities of population at latest Federal Census of 250,000
and more, unskilled females $12, and unskilled males $14.
In municipalities of population of more than 10,000 and under
250,000, unskilled females $11, and unskilled males $13.
Provided however, that for apprentices of one month or less, the
minimum rate of pay may be 25% less than the foregoing rates, and
that employers and employees may make mutually satisfactory wage
agreements covering the employment of the infirm, partially dis-
abled, or physically handicapped employees, if such employees do
not constitute more than five (5%) percent of the total number of
SEC. 3. The foregoing minimum wage rates are not a discrimination
by reason of sex; but because of the difference in the work of the
Industry. When women do the same kind and amount of work they
shall receive the same rates of wages.
SEC. 4. Wherever wage is paid on piece work basis, the amount
to be paid to employee for' such work on an hourly basis shall be not
less than at the rate of the minimum weekly rates for forty hours
provided in Section 2 of this article.
SEC. 5. Employers in the Industry shall not knowingly employ any
minor under the age of sixteen years.
ARTICLE V-REPORTS AND KEEPING OF ACCOUNTS
SECTION 1. The cooperative Body for the Industry in authorized to
require manufacturers to submit such reports as it shall consider
necessary to effectuate and safeguard this code, and shall make such
reports, and keep such accounts, as the President of the United
States in his discretion deems necessary, as provided in the National
Industrial Recovery Act. Failure on the part of any manufacturer
in the Industry promptly to supply such information as required
under this article shall be in violation of this code.
SEC. 2. The cooperative body is authorized to investigate and in-
form the Administrator on behalf of the Industry regarding impor-
tation of competitive articles into the United States and to act as
an agency for making reports to the President on behalf of the
Industry, under the provisions of the National Industrial Recovery
ARTICLE VI-TRADE REGULATIONS
SECTION 1. Misbranding and Misleading advertising: a. Mis-
branding of products, including use of names of manufacturers,
wholesalers, or retailers in or on products or cartons not made by
them or for them is unfair and in violation of this code.
b. Advertising of such character as to mislead, with respect to
value, quality, or manufacturer, or construction of products, is un-
fair and in violation of this Code.
c. The imitation, simulation, or use of trade marks, slogans, or
other marks of identification having tendency and capacity to mis-
lead or deceive purchasers is unfair and in violation of this code.
d. Contributions by manufacturers of all or part of the cost of
customer's advertising, where the manufacturer's name or trade mark
does not appear in such advertising, is in violation of this Code.
SEC. 2. Selling Below Cost and Cost Accounting: The practice
of selling below cost is detrimental to the industry; and each manu-
facturer shall submit upon request a statement from a certified public
accountant recognized by the Cooperative Body for the Industry
as qualified, to the effect that such manufacturer has a proper cost-
accounting system, which statement, however, may not be accepted
as final by the Cooperative Body, either as to Cost Accounting or
as to Selling Below Cost.
SEC. 3. Maximum Trade Terms for Domestic Business: a. Selling
wholesalers, department stores, retailers, and others in the trade, on
a net basis or with cash discounts is permissable, but in no case
shall a discount in excess of two percent ten days E.O.M. be allowed
for payment of bills within thirty days. Fifteen days additional
to be allowed West of the Rocky Mountains.
b. At the expiration of 30 days, no cash discounts shall be allowed.
c. Such terms shall not be subverted or evaded directly or in-
directly through allowances, trade discounts, or rebates of any
ARTICLE VII-CHANGES AND MODIFICATIONS
This Code, or any of its provisions, is subject to change and modi-
fication by the Board of Directors of the Cooperative Body and
may be amplified by the Addition of other provisions, with the
approval of the President of the United States, and the President
of the United States may from time to time cancel or modify any
order, approval, license, rules or regulations, issued hereunder or
under the National Industrial Recovery Act.
ARTICLE VIII-DATE EFFECTIVE
This code shall be and become effective immediately upon the
expiration of ten days after approval by the President of the
United States; and shall terminate upon termination of Title I
of the National Industrial Recovery Act.
ARTICLE IX-SEPARABILITY CLAUSE
If any provisions of this Code, or its application, is held invalid
or unenforceable, the remaining provisions of the Code and their
application shall not be affected thereby.
NATIONAL SPAT MrF. ASSN..
By NORMAN F. CANTY,
1403 W. Congress St., Chicago, Ill.
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