Proposed code of fair competition for the hat lining industry

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Material Information

Title:
Proposed code of fair competition for the hat lining industry as submitted on Sept. 5, 1933
Physical Description:
6 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Hat trade -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
"Registry No. 258-02".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 63654360
ocm63654360
System ID:
AA00009821:00001


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UNIVERSITY OF FLORIDA

111111111111111111111111 li i 111111l1 llD ll I II II v
3 1262 08483 0149
Registry No. 258-02
I I


NATIONAL RECOVERY ADMINISTRATION



PROPOSED CODE OF FAIR COMPETITION

FOR THE


HAT LINING INDUSTRY


AS SUBMITTED ON SEPTEMBER 5, 1933


The Code for the Hat Lining 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




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


For salebby the Superintendent of Documents, Washington, D.C. - Price 5 rents





































SUBMITTED BY

NATIONAL HAT LINING ASSOCIATION














CODE OF FAIR COMPETITION FOR THE HAT LINING
INDUSTRY
ADOPTED BY THE NATIONAL HAT LINING ASSOCIATION
For the purpose of effectuating the policy of the United States
Government as declared in Title I, Section 1, of The National Indus-
trial Recovery Act, the National Hat Lining Association, hereafter
termed the "Association", adopts the following as a Code of Fair
Competition to govern the industry for the duration of such Act.

ARTICLE I-APPLICATION OF THE CODE
SECTION 1. This Code shall apply to all manufacturers of hat lin-
ings or sweat bands for ladies' hats.
SEC. 2. Definitions.-The term "hat lining industry" includes
manufacturers of hat linings for ladies' hats and sweat bands for
ladies' hats. The term "person" shall include a firm or corporation.
The term "manufacturer" means a person actually engaged in man-
ufacture, having a plant or factory, maintaining an office, keeping
regular books of account, operating machines in the manufacture of
hat linings or sweat. bands, and employing one or more operators.

ARTICLE II-LABOR REGULATIONS
SECTION 1. Employees in the said industry shall have the right to
organize and bargain collectively through representatives of their own
choosing, and shall be free from 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 protection.
SEC. 2. No employee of said industry and no one seeking employ-
ment therein 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.
SEC. 3. Employers of labor in said industry 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. Annexed hereto as Schedule 1, and made a part of this Code,
is a Schedule of maximum hours of labor, minimum rates of wages,
and other matters affecting conditions of employment.
SEC. 5. The members of the Association shall supply to the
Executive Committee and to the Industrial Code Committee of the
Association all data required by such Committees for the purpose of
determining whether the Schedule referred to in Section 4 of this
Article is adhered to and whether any amendments or additions
9972-33 I11








thereto should be made in order to effectuate the declared policy of
the National Industrial Recovery Act. Reports containing such
data shall be given from time to time as required by said Committees
or either of them and such information shall be furnished under oath
or certified by a certified public accountant. Every member shall
give the Association access to his books for the purpose of verifying
such statements.
SEC. 6. Subject to such rules, regulations, and restrictions in
regard thereto as may be made by the President of the United States,
each person not a member of this Association engaged in the hat-lining
industry shall furnish to the Executive Committee and the Industrial
Code Committee of the Association, whose duty it shall be to collect
the same, all data required by such Committee for the purpose of
determining whether the Schedule referred to in Section 4 of this
Article is adhered to and whether any amendments or additions
thereto should be made in order to effectuate the declared policy of the
National Industrial Recovery Act. Reports containing such data
shall be given from time to time as required by said Committees or
either of them and such information shall be furnished under oath or
certified by a certified public accountant. Such person shall give the
Association access to his books for the purpose of verifying such state-
ments.
SEC. 7. Persons engaged in the industry who employ union labor
will, by a representative committee appointed by the Association,
confer and negotiate with the duly appointed local representatives
of the labor unions as to wages, hours, and conditions of labor, and
shall not depart from the rules and/or conditions laid down in the
agreement arrived at by such representatives and currently in force,
in any manner tending to give them an advantage in respect to costs
of work over competitors who may strictly adhere to such agreements.
SEC. 8. No person engaged in the industry shall seek or accept an
individual or special agreement with organized labor, and agreements
entered into by the Association referred to in Section 7 of this Article
shall be so written as to abrogate any individual agreements currently
in force.
SEC. 9. Upon the adoption and approval of this Code each manu-
facturer must affix on the wall of his factory a copy of the minimum
prices for labor fixed by this Code.
ARTICLE III-INDUSTRY REGULATIONS
SECTION 1. Prices of all products manufactured and sold by the
industry shall generally be such as to make a fair net return to the
manufacturer.
SEC. 2. No such products shall be sold below cost, and each manu-
facturer shall determine and certify the cost of manufacture to the
Association. The Association through Committees or agents ap-
pointed by the board of directors will proceed to gather all relevant
information as to the cost of manufacture and employ such agents
as may be necessary in order to determine such costs.
Provided, however, job or distress products or products which
must be converted into cash to meet immediate needs may be sold
at such prices as are necessary to move such products. However,
such sales must first be reported to the Executive Committee of the
Association and may be made only upon its written approval.







SEC. 3. The Association may set and vary from time to time the
minimum prices to be charged for products manufactured by the
industry in any district or locality, which shall be based upon cost of
production and market and competitive-marketing factors, but which
prices shall not be more than reasonable.
SEC. 4. The following are declared to be unfair trade practices in
the industry:
(a) To allow discounts in excess of seven percent 7%) ten (10)
days E.O.M. and six percent. (6%) per annum for anticipation. No
discounts shall be allowed after the expiration of ten (10) days E.O.M.
(b) To permit a purchaser to whom delivery has been made in
accordance with contract of sale to return merchandise or exchange
colors or make any other exchange of merchandise, more than five (5)
days after such delivery.
(c) To effect or conceal price discrimination by the payment or
allowance of secret rebates, refunds, credits, or unearned discounts,
whether in the form of money or gifts, the extending of special privi-
leges, including discriminatory allowances for service, not extended
to all purchasers under like terms and conditions, false invoicing or
billing or otherwise.
(d) Commercial bribery, giving gratuities in any form, whether
directly'or indirectly to customer's employees or obtaining sales by
giving commissions or rewards in any form to employees of pur-
chasers or distributors or otherwise inducing the placing of orders
through lavish entertainment or indirect gifts or other form of com-
mercial bribery.
(e) To sell on consignment or with any guaranty against decline
in prices. Provided, however, samples may be shipped on consign-
ment.
(f) Substitution of material differing in any respect from the
material ordered without obtaining the approval of the buyer, or the
use of raw material in any manufacturing process inferior in quality
to the raw material specified in an order, or if not specified, inferior to
the quality customarily used for similar orders.
(g) Attacking a competitor as to his financial standing or personal
integrity or his ability to serve the trade.
(h) Solicitation of an order with knowledge that a signed order
has been previously given to or a contract made with a competitor
with intent to cause cancellation of the previous order or contract.
(i) Pre-dating contracts or wilfully misrepresenting the date of a
contract.
(j) Misrepresentation as to work or quality of work or of materials,
misleading advertising.
SEC. 6. No salesmen of linings shall be permitted to sell in New
York City any other product except the products or merchandise of
the manufacturer whom he represents.
SEC. 7. It is recognized that overproduction is injurious to the
industry and to the nation and agreements to limit production to the
reasonable demand may be made with the approval of the Associa-
tion. Such production limitation shall be on an equitable basis
allotted by the Association and production in excess thereof by any
producer after having received a production allotment from the
Association is an unfair method of competition.
SEC. 8. Group selling and the use of an exclusive agency in specified
territory by members of the Association are approved.








SEC. 9. Division of consuming territory into market areas, providing
for plants best equipped to serve particular markets to concentrate
sales efforts in such districts, may be made by the Association from
time to time.
SEC. 10. The Association shall adopt uniform grading of products
so far as practicable.
ARTICLE IV-GENERAL
SECTION 1. No provision in this Code shall be interpreted or applied
in such manner as to-
(a) promote monopolies,
(b) permit or encourage unfair competition,
(c) eliminate or oppress small enterprises,
(d) discriminate against small enterprises.
SEC. 2. This Code or any of its provisions may be cancelled or
modified, and any approved rule issued thereunder shall be ineffective
to the extent necessary to conform to any action by the President of
the United States under Title I of the National Industrial Recovery
Act.
SEC. 3. The Association may from time to time, subject to the
approval of the President of the United States, amend this Code and
promulgate rules hereunder.
SEC. 4. Violation by any member of the industry of any provisions
of this Code or any approved rule issued hereunder is an unfair method
of competition.
SEC. 5. The Code shall be in effect ten (10) days after its approval
by the President of the United States.










SCHEDULE 1
ANNEXED TO CODE OF FAIR COMPETITION FOR THE HAT LINING INDUSTRY
ADOPTED BY THE NATIONAL HAT LINING ASSOCIATION
SECTION 1. On and after the date this Code takes effect employers in the hat-
lining industry shall not operate on a schedule of hours of labor in excess of the
following:
(a) Factory workers, forty 1,40. hours a week. No employee shall work more
than eight (8) hours in any one day.
(b) Accounting, clerical, office employees, forty (140 hours a week.
SEC. 2. On and after the date this Code takes effect, the minimum wages to be
paid by employers in the hat-lining industry (with exceptions hereafter noted)
shall be as follows:
(a)

Other
New cities
or above All other
City I ,.0 0
y popula-
tion

Skilled Labor:
Pullers, per hour .................. ............................... .. 0.60 $0. 56 $0.50
C utters, ............................................. ... .... .70 .60 .50
Semi-Skilled Labor:
Lining Operators, per hour ............................... ......... .. 371 .35 .32L
T ip M akers, per hour ................................................ 37,. .35 .32
Seamers, '".- - 37- .35 321j
Seam ers, '. 1" ................................................ .375 .35 .32;,
Assistant Cutters or Cutting Attendants, per hour ................... .42. .40 .37
Unskilled Labor:
Assistant Pullers, per hour ....................................... .. .30 .27 k .27M
Counters and Packers, per hour ...................................... .30 .27 .. .27!
Office Boys, Office Girls, and Other Inexperienced Help and Unskdiled
Labor, per w eek .............................. .................. 12.00 11 00 11.00


(b) Employees mentioned in Section 1 ib) of this schedule other than those
mentioned in Section 2 (a), Fifteen Dollars ($15.00.1 per week in any City of over
500,000 population or in the immediate trade area of such City; Fourteen Dollars
and Fifty Cents ($14.50) per week in any City of between 250,000 and 500,000
population or in the immediate trade area of such City; Fourteen Dollars ($14.00)
per week in any City or Town of between 2,500 and 250,000 population or in the
immediate trade area of such City or Town; in towns of less than 2,500 popula-
tion twenty per cent (20%i,' over that paid July 20, 1933, provided that this shall
not require wages in excess of Twelve Dollars ($12.00) per week. Population for
the purposes of this schedule shall be determined by reference to the 1930 Federal
Census.
SEC. 3. The provisions for the payment of a minimum wage establish a guar-
anteed minimum rate of pay per hour of employment regardless of whether the
compensation of employees is otherwise based upon piecework performance, it
being understood that manufacturers who are now operating their factories on a
piecework basis need not change to a rate of pay per hour.
SEC. 4. There are certain classes of operations requiring special skill and not
included in this Schedule and the foregoing minimum wage ha, no reference to
such class for which higher wages shall he paid.
SEC. 5. No manufacturer shall operate his plant upon more than one shift.
SEC. 6. No contract for the manufacture of hat linings shall be let out by any
manufacturer and no lini'lgs are to be manufactured outside of the plant of the
manufacturer, except in the plant of a manufacturer who has accepted and is
complying with tnis Code.
SEC. 7. On and after the date this Code takes effect employers in the hat-lining
industry shall not employ any person under the age of sixteen 116) years.
SEc. 8. No employee shall be employed more than the maximum hours herein
provided, whether at one or more shops.
SEC. 9. The provisions of Section 1 of this Schedule shall apply to manu-
facturers engaged in the industry who shall themselves perform manual labor.









SEC. 10. The provisions of Section 1 of this Schedule shall not. apply to em-
ployees in a managerial or executive capacity receiving more than Thirty-five
Dollars ($35.00) a week; nor to employees in emergency, maintenance, and repair
work; nor to very special cases where restriction of hours of highly skilled workers
on continuous processes would unavoidably reduce production, but, in any such
special case, at least time and one third shall be paid for hours worked in excess of
the maximum.
SEC. 11. The provisions of Sections 1 and 2 of this Schedule shall not. apply to
salesmen.
SEC. 12. The provisions of Section 2 of this schedule shall not apply to appren-
tices. No employer shall employ more apprentices than shall equal 10% of all
employees and no apprenticeship shall exceed six (61 weeks in duration. The
wages to be paid to apprentices shall be the following minimum amounts:
In New York City, 180 per hour.
In other cities over 150,000 population, 170 per hour.
Elsewhere, 150 per hour.
NATIONAL HAT LINING ASSOCIATION,
By WILLIAM HOHOWITZ, President.




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