UNIVERSITY OF FLORIDA
ll3 1262 08483 0081111111
3 1262 08483 0081
Registry No. 250-1-02
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
MANUFACTURERS OF MEN'S AND
BOYS' PAJAMAS AND NIGHTSHIRTS
AS SUBMITTED ON AUGUST 31, 1933
UNQ2V. .;- FL .
O IWE DO OUR PART
U.S. D uP TCOY
The Code for the Manufacturers of
Men's and Boys' Pajamas and Nightshirts 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
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents
THE NATIONAL PAJAMA MANUFACTURERS COUNCIL, INC.
PROPOSED CODE SUBMITTED BY NATIONAL PAJAMA
MANUFACTURERS COUNCIL, INC., CONSISTING OF MAN-
UFACTURERS OF MEN'S AND BOYS' PAJAMAS AND
CODE OF FAIR COMPETITION
1. Purpose.-To effectuate the policy of title I of the National In-
dustrial Recovery Act, during the period of the emergency, by re-
ducing and relieving unemployment, improving the standards of
labor, eliminating competitive practices destructive of the interests
of the public, employees, and employers, relieving the disastrous
effects of over-capacity, and otherwise rehabilitating the Men's
Nightshirt, Pajama, and Sleeping Wear Industry, and by increasing
the consumption of industrial and agricultural products by increasing
purchasing power, and in other respects, the following provisions are
established as a code of fair competition of said industry:
2. Defilitions.-The term National Pajama Manufacturers Coun-
cil ", as used herein, is defined to mean the association of the manu-
facturers of men's and boys' pajamas, nightshirts, and sleeping gar-
ments, whether constructed of cotton, silk, or rayon fabrics, located
in the United'States, and if legal, all the insular possessions of the
The term "Employees ", as used herein, shall include all persons
employed in the conduct of the manufacture of men's and boys'
pajamas, nightshirts, and other sleeping garments.
The term Employer ", as used herein, shall include every person,
whether individual, partnership, association, or corporation engaged
in the production of men's and boys' nightshirts, pajamas, or other
The term Effective Date as used herein is designated to be, or
if the code shall not have been approved by the President prior there-
to, then on the second Monday after such approval.
The term Productive Machinery as used herein is defined to
mean all types of sewing machines.
The term Persons shall include individuals, partnerships, as-
sociations. or corporations.
The term Cutting Department" as used herein is defined to
mean all of the Employees engaged in the sorting of, spreading and
cutting of cloth, and the preparation of the work for the sewing
The term Sewing Department" as used herein is defined to
mean all Employees engaged in the sewing of the garments and
operating the machines above described as productive Machinery."
The term "Learners as used herein shall be defined to mean
persons with less than eight weeks of experience in the process on
which he or she is employed.
3. Minimum wage.-On and after the Effective Date, the min-
imum wage that shall be paid by the Employers in the National
Pnjanma Manufacturers Council to any of their employees, shall be
at the rate of $12 per week for forty hours of labor in the Southern
section of the United States, and $13 for forty hours of labor in the
Northern section of the United States, except-
a. Learners during eight weeks of apprenticeship.
b. Operators of Sewing Machines, partially incapacitated by age
or infirmity who otherwise would be thrown out of work and possibly
become destitute and a public charge, providing such operators are
paid not less than other operators doing the same kind of work in
the same factory in proportion to the amount of work they may
produce to other laborers of the same class and type; such incapac-
itated or infirm Employees not to exceed eight percent of the
total number employed.
c. Cleaners and outside crews.
4. On and after the Effective Date the Employers of the National
Pajama Manufacturers Council shall not operate on a schedule of
hours of labor for their Employees excepting repairers, engineers,
machinists, shipping, watchmen, office and supervisory staff, cleaners,
and outside crews, in excess of 2,080 hours per year, providing, how-
ever, that no Employee or Productive Machinery may be operated
over 44 hours in any one week. The purpose of this provision is to
allow for the seasonal or peak loads which prevail at certain seasons
in the industry.
On and after the Effective Date, Employees in the Cutting De-
partment may not work over 40 hours per week, but the Employers
may operate two shifts, not exceeding 40 hours per week for each.
On and after the Effective Date, working hours for office Em-
ployees shall be an average of not more than 40 hours per week
over each period of six months.
The amount of difference existing prior to Effective Date between
the wage rates paid various classes of Employees (receiving more
than the established minimum wage) shall not be decreased-in no
event shall any Employer pay an Employee a wage rate which will
yield a less wage for a workweek of forty hours than such Employee
was receiving for the same class of work for the longer week pre-
vailing prior to the Effective Date.
5. Mino','w.-On and after the Effective Date, Employers in the
National Pajama Manufacturers Council shall not employ any per-
son under the age of sixteen years.
6. Stading committee.-With a view to keeping the President
informed as to the observance or nonobservance of this code of fair
competition, and as to whether the National Pajama Manufacturers
council is taking appropriate steps to effectuate the declared policy
of the National Industrial Recovery Act, a committee of the Na-
tional Pajama Manufacturers Council shall be formed to coordinate
with the administrator of the National Industrial Recovery Act, to
make such further recommendations and changes as may be neces-
sary and expedient from time to time; with particular reference to:
a. Wages and hours of labor, and/or, Productive Machinery.
b. To comply and to coordinate with the administrator in order
to secure reports from persons engaged in the men's and boys' pa-
jama, nightshirt, and sleeping-wear industry, the securing, filing,
and tabulating of statistical information; the keeping of uniform
accounts as may be required to secure uniform costs; and to secure
the proper observance of the code and to promote the proper balanc-
ing of production and consumption and stabilization of the industry
c. To make reconunendations in, or exemptions from, the provision
of this code as to the working hours or Productive Machinery which
will tend to preserve the balance of production activity with con-
sumption requirements, so that the interests of the industry may be
d. To compile recommendations:-
1. For the requirement of the administrator of registration by
persons engaged in the men's and boys' pajama, nightshirt, and
sleeping-wear industry, on their productive machinery.
2. For the requirement by the administrator that prior to the in-
stallation of additional "Productive Machinery" by persons now
engaged or intending to engage in the men's and boys' pajama, night-
shirt, and sleeping-wear industry; except for the replacements of a
similar number of machines, or to bring the operation of existing
Productive Machinery into balance; such persons shall secure certifi-
cates that such installation will be consistent, with effectuating the
policy of the National Industrial Recovery Act. during the period
of the emergency.
3. For the granting or withholding by the administrator of such
certificates if so required by him.
4. To recommend the regulation of the disposal of distress mer-
chandise in a way to secure protection of the other members of the
industry and to promote a sound and staple condition in the industry.
e. Such committee is also to cooperate with the administrator in
making investigations as to the functioning and observance of any
.f the provisions of this code at its own instance or a complaint
ay any person affected and to report same to the administrator.
f. Such committee shall also have the authority to investigate and
inform the administrator, on behalf of the National Pajama Manu-
facturers Council, as to the importation of competitive merchandise
into the United States in substantial quantities or increasing ratio
to domestic production, on such terms and under such conditions
as to render ineffective or seriously endanger the maintenance of
this code and as an agency for making complaint, to the President
on behalf of the National Pajama Manufacturers Council under the
provisions of the National Industrial Recovery Act.
g. The secretary of the council (or other disinterested person des-
ignated for the purpose by the Board of Directors) may of his own
motion or upon complaint of any person claiming to be aggrieved,
investigate any alleged infraction of any provision of this code,
and the parties concerned shall render him such assistance as he
may require. If the secretary (or other person designated as
above) shall find that a grievance exists which is detrimental to
the industry, it shall be his duty to make a written report of all the
facts and furnish certified copies thereof, together with his conclu-
sions, to such committee for appropriate action. If within reason-
able time after receiving complaint of infraction the secretary shall
not have taken appropriate action, any member or other aggrieved
person may, in writing, complain thereof to the proper governmental
official and to the committee; and if, after due hearing, the com-
mittee shall determine that the secretary has been remiss in his
duties herein, he shall thereupon be removed from his office.
7. Adjustnit t of pr';cs on prior contracts.-Where the cost of
executing contracts entered into by members of the National Pajama
Manufacturers" Council prior to the presentation to Congress of the
National Industrial Recovery Act are increased by the application
of the provisions of that Act, it is equitable and promotive of the
purposes of the Act that appropriate adjustments of such contracts
be made to reflect such increased costs to be arrived at by arbitral
proceedings or otherwise, and the National Pajama Manufacturers
Council, the applicant for this code, is constituted an agency to
assist in affecting such adjustments.
8. Right of collective barga;iin g.-Employers in the National
Pajama Manufacturers Council shall comply with the requirements
of the National Industrial Recovery Act, as follows:
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 re-
quired 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.
9. Unfair practices.-It shall be considered as unfair practices and
no member of the association shall be allowed to:
a. Sell goods at less than the cost of production, plus a reasonable
profit, i.e. cost of materials, plus the cost of labor, plus full propor-
tion of actual operating and selling overhead.
b. Nothing in the foregoing section shall be construed to prevent
the sale of bonafide seconds, broken lots, discontinued patterns or
number, under appropriate rules to be prescribed by a committee
selected for that purpose.
c. Guarantee customers against price declines. All confirmations
covering sales shall be final.
d. Affix fictitious or unreasonable resale prices.
e. Sell on consignment or deliver goods upon an understanding
in any form that customer may return all or any part of the goods if
unsold by him.
f. Accept the return of goods for any reason other than manifest
clerical or delivery error, or fault of merchandise.
g. Misrepresent material, quality, dimensions, standards of manu-
facture, in any manner whatsoever, whether by statement or mark or
by the omission of either. This shall be construed to include the sale
of pajamas over minimum standards which may be approved and
promulgated by the Bureau of Standards of the Department of
Commerce and not in accordance therewith, except under such regu-
lations as may be prescribed to prevent the misleading of consumers.
h. Use of terms fast color ", unshrinkable imported ", or
"custom-made in any form calculated to mislead either the retailer
or the public.
i. Piracy of design or model.
j. Give any rebate, bonus, excess discount, or other unusual allow-
ance, unless such rebate, bonus, excess discount, or other unusual
allowance be allowed alike to all customers of a like class.
k. Manufacture oi cause to be manufactured any garments in any
penal or corrective institution or asylum, or in outside or home finish-
ing shops, in whole or in part. This is not to be construed to mean
that contractors may not be employed, provided they conform to the
minimum wage scale and maximum number of hours prescribed in
1. Grant longer or greater terms in any case than 3, 10 E.O.M. or
2 10 60 X; deliveries made after the 25th to be dated as 1st of fol-
lowing month. Closer or lesser terms than the above shall not be
m. Make allowances of free goods in exchange for volume of busi-
ness or in any other manner to circumvent the purpose of this code.
n. Accept the return of any old stock once delivered to customers
in exchange for new stock.
o. Prepay any freight or allow any charges. In other words, all
merchandise must be priced f.o.b. factory; or if shipped from a
branch warehouse or shipping depot, the cost of freight from mill to
shipping point must be added to price.
10. Supplementary provisioins or additional codes.-Such of the
provisions of this code as are not required to be included therein by
the National Industrial Recovery Act, may, with the approval of
the President, be modified or eliminated as changes in circumstances
or experience may indicate. It is contemplated that, from time to
time, supplementary provisions to this code or additional codes may
be submitted for the approval of the President to prevent unfair and
destructive competitive practices and to effectuate the other purposes
and policies of Title I of the National Industrial Recovery Act, con-
sistent with the provisions hereof.