Code of fair competition for the textile designing industry

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Material Information

Title:
Code of fair competition for the textile designing industry
Physical Description:
11 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:
Textile design -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
"Approved Code No. 497 ; Registry No. 299-1-38".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 63654443
ocm63654443
System ID:
AA00009826:00001

Full Text
UNIVERSITY OF FLORIDA


3 1262 08482 9810
A ____ ,----------------------------------------


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


TEXTILE DESIGNING

INDUSTRY

AS SUBMITTED ON AUGUST 30, 1933



REGISTRY No. 299-33



The Code for the Textile Designing 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





WE 00 OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


S
For sale by the Superintendent of Documents,. Washington, D.C. - Price 5 cents






I











CODE PROPOSED FOR THE TEXTILE-DESIGNING INDUS-
TRY, AND SUBMITTED THROUGH THE TEXTILE DESIGN-
ERS GUILD OF AMERICA, INC.

THE NATIONAL RECOVERY ADMINISTRATION,
Washington, D.C.
SIRS: This codq has been prepared and is submitted in order to
carry into effect the beneficent purposes and declared policy of the
National Industrial Recovery Act for those engaged in the Textile-
Designing industry.
Participation in this code and in any subsequent provisions and
additions thereto shall be extended to and shall be available to any
person, as hereinafter defined, actively engaged in the industry or
profession of Textile Designing, who shall accept and share a proper
pro rata share of the cost and responsibility of creating and admin-
istering it, either by becoming a member of the Association or Guild
or by paying to it an amount equal to the dues from time to time
provided to be paid by a member of the Association in like situation.
Any person shall be deemed engaged in the textile-designing indus-
try who either maintains a studio or office for the display and sale
of designs or produces his own designs and, employing no other
designers, offers those designs for sale.
In considering the provisions of this proposed code it must be
borne in mind that those submitting it are not manufacturers,
although they are producers. They are engaged in that particular
line of industrial art known as "textile designing." This work is
wholly creative; it consists in originating designs intended for textile
printing or weaving. These drawings are essential elements in and
for the textile industry. They consist of designs done in color, in
reality paintings requiring the highest type of artistic skill and
experience, which are subsequently engraved or cut and printed in
colors upon or woven in the textile material.
In the very nature of things the chief item of cost in producing
these textile designs is labor, since the only materials involved con-
sist of paper and colors of a purely nominal or negligible intrinsic
value. In consequence, the aggregate of wages paid is a very large
part of the total business expense and bears an unusually heavy ratio
to the total volume of business transacted. Apart from those en-
gaged in the actual drawing of designs, the employees in this in-
dustry are comparatively few in number. They are limited to sales-
men, office and clerical employees, and delivery help. The primary
concern, therefore, of those submitting this code, has been to con-
sider methods for improving the standards of labor, for eliminating
unfair competitive practices which are destructive alike to the in-
terests of the employees and employers, and for promoting the best
interests, consistent with the public good, of those engaged in textile
designing.
8670-33 (1)







FIRST

Definitions.--As used herein, the term person shall include
natural persons, partnerships, and corporations. The term "em-
ployer" shall include every person actively engaged in a proprietary
capacity in the production of textile designs for sale. The term ef-
fective date is'defined to be the first Monday after this code shall
have been approved by the President of the United States. The term
"designer shall include every employee who creates textile designs
and either completes them himself or has his originating, creative
work completed and carried out by another. The term finisher"
shall include all other employees engaged on designing work, whose
work is limited to completing designs already created by the
designer.
SECOND

As required by the National Industrial Recovery Act, the follow-
ing provisions are conditions of this code:
(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 representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection; and
(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 a labor organiza-
tion of his own choosing; and
(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.

THIRD

(1) On and after the effective date, employers shall not employ
any person under the age of sixteen (16) years.
(2) On and after the effective date, the minimum wage that shall
be paid by any employer (a) to employees engaged in and on de-
signino work shall be $18.00 per week for finishers and $30.00 per
week for designers; (b) to office and/or errand boys and girls none
of whom shall be employed on designing work, not less than $15.00
per week; and (c) to bookkeepers not less than $20.00 per week.
But no employer shall reduce the salary or service compensation
of any employee now receiving more than the minimum wages hereby
agreed to be paid, despite any reduction in working hours which
may result from the operation of this code.
FOURTH
On and after the effective date no employee engaged in designing
work, whether as finisher or designer, and no person engaged in the
delivery or physical handling of finished designs, or engaged upon
any form of service incidental thereto, shall work in excess of 39







hours per week. This provision, however, shall not apply to execu-
tives or to persons engaged in the direction or supervision of a self-
owned business. Nor shall this limitation of working hours for those
engaged in actual designing work apply whenever, owing to the
seasonal character of the textile designing business and to sudden
or unexpected changes in fabric style trends, new designs are ur-
gently demanded by the textile converters and mills for immediate
delivery. During such periods the maximum number of hours for
designers may be increased to 48 per week; but in any such case of
increased working hours the employees affected shall be paid at least
time and one third for hours worked in excess of the maximum
period.
This limited exemption from the maximum schedule of working
hours is due solely to the pressing need of having highly skilled and
experienced employee available for this seasonal work which cannot
be undertaken or performed by additional help assembled quickly
and in haphazard fashion and not possessed of the requisite experi-
ence and artistic equipment so indispensable to meeting the insistent
demands by textile converters and mill owners for new designs.

FIFTH

Textile Designers Guild of America, Inc., is hereby designated as
the official agency for administering, supervising, and promoting the
performance and compliance with the conditions of this code by
employers. For the purpose of carrying out the provisions of the
National Industrial Recovery Act and of complying with the spirit
thereof every employer should prepare and file at such time and in
such manner as the executive committee or directors of the Textile
Designers Guild of America, Inc., may designate and prescribe,
statistics as to quantity, unit sales, number of persons employed,
wage rates, hours of work, and such other data or information as
the executive committee or directors of said Guild may from time
to time deem necessary or as may be required for the good of the
industry.
SIXTH

(1) No employer shall, directly or indirectly, by any means or in
any manner whatsoever, sell any designs except on uniform terms of
ten days net cash; and no cash discount of any kind shall be quoted
to customers without the written consent of the Guild first had and
approved upon application by an employer: Provided, however, That
where by the method of payment heretofore in vogue between the
employer and the customer the latter makes payment ten days after
the first of the succeeding month, such payment shall be deemed a
compliance with the provisions of this paragraph.
(2) No claims made by any purchaser of designs shall be adjusted
in such manner as to grant secret rebates, price allowances, or
concessions.
(3) No bill or invoice for designs sold to any customer shall be
predated or post-dated to cover or conceal a violation of the standard
terms set forth in subdivision (1) of this paragraph or clause.
(4) No payment or allowance of any rebate, refund, credit, dis-
count, or price differential by whatever name called, and whether in







cash or otherwise, shall be made or given by any employer to any
customer; nor shall any employer pay or allow any deduction by a
customer from the invoice price of designs sold to the latter, for
commissions, advertising costs, or for any form of service charges
sought to be deducted.
SEVENTH

(1) No employer shall copy any imported or American-made
design; nor shall lie copy any swatch or fabric carrying a design.
(2) No employer shall accept or receive from an employee any
designs "on memorandum ", i.e. designs intended for sale by the
employer on the basis either of a commission allowance or of a
"per design price payable to the designer-employee out of the
proceeds of such sale. One of the primary objects of this code is to
establish a fixed and definite schedule of minimum wages for em-
ployees; and the foregoing provision will bar uncertain or undeter-
mined service compensation or wages, dependent in whole or in part
upon the sale of designs made and created by the employee.
(3) It shall be unfair competition and improper trade practice
for any person joining in the submission of this code or subsequently
seeking to participate therein to accept an American-made design
not of his own creation from any customer for the purpose of
using such design to make color combinations therefrom or changes
therein, except with the permission of the creator and at the regular
price for color combinations quoted by the latter.
(4) It shall be unfair competition and improper trade practice for
an employer to leave designs with a customer for an indefinite
period; but nothing herein contained shall be construed to prohibit
leaving designs with the prospective customer provided they are
returned the following day.
(5) No employer shall sell designs directly to manufacturers of
men's, women's, or children's wearing apparel; nor to any depart-
ment stores, chain-store system, or mail-order house; it being intended
that the textile-designing industry shall confine its activities to creat-
ing and producing textile designs for sale solely to textile converters
and mills.
(6) Every employer joining in or accepting the provisions of this
code shall put an identifying seal or imprint, in a form or design to
be prescribed by the Textile Designers Guild of America, Inc., on
every design and,'or color combination sold by him.

EIGHTH

The Guild shall impose no inequitable restrictions on admission to
membership therein.
This code neither seeks nor intends to promote and is not to be
construed as permitting monopolies or monopolistic practices; nor
does it seek or aim to eliminate or in any way to interfere with or
discriminate against small enterprises. It seeks only effectively to
carry out and promote the policy of the National Industrial Recovery
Act.







NINTH

If any provisions of this code is declared invalid or unenforceable,
the remaining provisions.thereof shall nevertheless continue in full
force and effect in the same manner as if they had been separately
presented for approval and approved by the President.

TENTH

Such of the provisions of this code as are not required by the
National Industrial Recovery Act to be included herein may, with
the approval of the President of the United States, be modified or
eliminated as changed circumstances or experiences may indicate to
be necessary. This code is intended to be a basic code; but study of
the trade and trade practices of the textile designing industry will
be continued by the board of directors of the Textile Designers Guild
of America. Inc., with the intention of submitting from time to time
additions thereto applicable to all employers in the industry, but
such supplemental or additional codes or code provisions shall con-
form to and be consistent with the provisions of this code as now
constituted or hereafter changed.
Such additions or amendments shall, in every instance, be .ub-
mitted to the President. of the United States for approval. The
President shall have the right and may, from time to time, cancel or
modify any order, rule, or regulation of the Guild; but, in such
event, the remaining provisions, rules and code provisions shall
remain valid and binding.

ELEVENTH

This code is submitted for approval by the Textile Designers
Guild of America, Inc., a trade group representing a very large
majority of those engaged in the production and sale of textile de-
signs. All employers in that industry not presently members of the
Guild are invited to join the submitting body, which does not and
will not at any time impose any improper or inequitable restrictions
on admission to membership therein.
TEXTILE DESIGNERS GUILD OF AMERICA, INC.,
By ROBERT SCHLY, Piesident.
Attest:
CLARENCE A. MULLER, Secretary.













































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