Amendment to code of fair competition for the artificial flower and feather industry as approved on August 14, 1934

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Material Information

Title:
Amendment to code of fair competition for the artificial flower and feather industry as approved on August 14, 1934
Portion of title:
Artificial flower and feather industry
Physical Description:
16 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:
Artificial flowers -- Law and legislation -- United States   ( lcsh )
Featherwork -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1603-02."
General Note:
"Approved Code No. 29--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 647765419
ocn647765419
System ID:
AA00009921:00001


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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


ARTIFICIAL FLOWER

AND FEATHER INDUSTRY


AS APPROVED ON AUGUST 14, 1934


WE DO OUR PART


It
I'


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


I


I
Faorsaleby the Superintendentof Documents, Washington, D.C. - Price cents


P .,. ...


Approved Code No. 29--Amendment No. 1


Registry No. 1603--02


























This publication Is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
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Approved Code No. 29-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

ARTIFICIAL FLOWER AND FEATHER INDUSTRY

As Approved on August 14, 1934


ORDER

APPROVING AMENDMENTS TO AND AMENDED CODE OF FAIR COMPETITION
FOR THE ARTrFICIAL FLOWER AND FEATHER INDUSTRY

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to and an amended Code of Fair Competition for the Artificial
Flower and Feather Industry, and hearings having been duly held
thereon and the annexed report on said amendments, containing
findings with respect thereto, having been made and directed to the
President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated Decem-
ber 30, 1933, and otherwise, do hereby incorporate, by reference,
said annexed report and do find that said amendments and the
Code as constituted after being amended comply in all respects
with the pertinent provisions and will promote the policy and
purposes of said Title of said Act, and do hereby order that said
amendments be and they are hereby approved, and that the previous
approval of said Code is hereby modified to include an approval of
said Code in its entirety as amended subject to the following
condition:
THAT, the Administrator shall forthwith appoint a commission
of three consisting of one representative of employers and one rep-
resentative of employees, with an impartial Chairman, which com-
mission shall undertake a study of conditions within the Industry
with respect to the hours and wages of employees, and particularly
with respect to the provisions of the Code which regulate the employ-
ment of learners in the Industry, in order to make recommendations
for such modifications of the amended Code as are necessary for the
effective control of learners, the learning period, and the percentage
of learners necessary for the Industry, in order to effectuate the pol-
80608---1044-78-34 f1i









icies of the Act. The Labor member of this commission shall be
nominated by the Labor Advisory Board of the National Recovery
Administration, and the Industry member of this commission shall
be nominated by the Code Authority; the impartial Chairman shall
be nominated by the Labor member and the Industry member of this
commission; provided, however, that upon failure of these two mem-
bers to agree upon an impartial Chairman within ten (10) days
following their appointment, the Administrator shall appoint an
impartial Chairman of his own choosing.
The recommendations of this commission shall be made prior to
December 31, 1934, and upon approval by the Administrator, either
in their original or modified form, after such hearing and notice
as he may specify, such recommendations either in their original
or modified form shall become a part of this amended Code.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval Recommended:
WILLIA P. FARNSWORTH,
Acting Division Administrator.
WASHINGTON, D.C.,
August 14, 1934.













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: The Public Hearing for the purpose of amending and mod-
ifying the Code of Fair Competition for the Artificial Flower and
Feather Industry as proposed by the Code Authority, was conducted
in the Ambassador Hotel, Washington, D. C., on March 24, 1934.
Every person who requested an appearance was fairly heard in
accordance with the regulations of the National Recovery Adminis-
tration. The amended Code has the approval of the Industrial and
Labor Advisory Boards, the Legal Division and the Division of Re-
search and Planning of the National Recovery Administration. The
Consumers' Advisory Board has withdrawn its advisory service with
respect to this Code in order to give it more time and energy for
the consideration of Codes and Code provisions which are, from its
standpoint, more important to the consumers of the country. The
Code Authority, on behalf of the Industry, has also given its
approval to the final draft of the Code.
The Industry as defined in the amended Code, includes the manu-
facture in whole or in part, assembling, importing, wholesale dis-
tributing, and sale of "Artificial Flower and Feather products", to
be used for decorative, ornamental, and/or trimming purposes.
RESUME OF THE AMENDED CODE
Article I gives the purpose of the Code.
Article II sets forth certain definitions.
Article III contains the maximum hour provisions of the Code.
Article IV establishes the minimum wage for employees in the
Industry.
Article V sets forth general labor provisions.
Article VI provides for the organization and constitution of the
Code Authority and defines is powers and duties.
Article VII sets forth trade practice rules.
Article VIII provides for a free and open market and prohibits
conspiracies to maintain prices.
Article IX regulates price cutting.
Article X provides for modification of the Code.
Article XI prohibits monopolies.
Article XII is on price increases.
Article XIII specifies the effective date.
FINDINGS
"The Deputy Administrator in his final report to me on said
amended Code having found as herein set forth and on the basis of
all the proceedings in this matter;
(3)









"I find that:
"(a) Said amended Code is well designed to promote the policies
and purposes of Title I of the National Industrial Recovery Act,
Including remove of obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof and
will provide for the general welfare by promoting the organization
of industry for the purpose of cooperative action among trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervision,
by eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
"(b) The amended Code as approved complies in all respects with
the pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the Code Author-
ity is truly representative of the aforesaid Industry.
"(c) The amended Code is not designed to and will not permit
monopolies or monopolistic practices.
"(d) The amended Code is not designed to and will not eliminate
or oppress small enterprises and will not operate to discriminate
against them.
"(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amended Code."
For these reasons the amended Code has been approved.
Respectfully,
HUGH S. JOHNsON,
Administrator.
AUGUST 14, 1934.













AMENDED CODE OF FAIR COMPETITION FOR THE
ARTIFICIAL FLOWER AND FEATHER INDUSTRY

The Code of Fair Competition for the Artificial Flower and
Feather Industry, as approved on September 7, 1933, is hereby
amended to read as follows:
ARTICLE I-PURPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Artificial Flower and Feather Industry,
and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

1. The term Industry as used herein includes the manufacture
in whole or in part, assembling, importing. wholesale distributing,
and sale of artificial flower and feather products ", as defined herein,
to be used for decorative, ornamental, and or trimming purposes, and
such other branches and subdivisions of the said Industry which
may from time to time be included by the Administrator under the
provisions of this Code.
2. The term "Artificial Flower and Feather Products" as used
herein means and includes artificial flowers, leaves, and parts thereof;
artificial fruits; artificial plants, and parts thereof; prepared plants
and other botanical products, and parts thereof; and feathers, crude
and/or manufactured.
3. The term "employee" as used herein means and includes any
person engaged in any phase of the Industry in any capacity receiv-
ing compensation for his services, irrespective of the nature or method
of payment of such compensation, including members of a co-part-
nership or a firm, or an officer, director or stockholder of a corporation
doing the work of an employee.
4. The term employer as used herein means and includes anyone
by whom any such employee is compensated or employed.
5. The term member of the Industry as used herein means and
includes any person, firm, co-partnership or corporation or other
form of enterprise exclusively or in part engaged in the Industry,
either as an employer or on his, their or its own behalf, as a manu-
facturer, jobber, importer, or contractor, and including, but without
limitation, any selling organization wholly or partially owned or
directly or indirectly controlled by any member of the Industry as
above defined.
6. The term contractor as used herein means and includes any
person, firm, or corporation or other form of enterprise, employing
manufacturing labor, who manufactures or produces in whole or in
part for the account of another, any of the products enumerated








above and/or any part thereof that may be necessary to finish or
complete any of said products.
The terms President ", "Act", and "Administrator as used
herein shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act and the Adminis-
trator for Industrial Recovery.
7. Prepared plants" and "botanical products" as used herein
mean and include natural plants and/or parts thereof used in
their natural state and/or which have been treated, preserved,
colored, fashioned and/or put into form for decorative uses and
purposes.
ARTICLE III-HorRS OF LABOR
1. Except as hereinafter provided, no employee shall be per-
mitted to work in excess of forty (40) hours in any one week nor
in excess of eight (8) hours in any one day period, nor in excess
of five (5) days in any seven (7) day period.
a. In the prepared plants" and other "botanical products"
branches of the Industry, employees may be permitted to work six
(6) days in any seven (t) day period and/or ten (10) hours in any
twenty-four (24) hour period, provided, however, that in no event
shall employees be permitted to work in excess of forty (40) hours
in any one week as provided for above; and provided further that
if an emergency exists in which the product may deteriorate or be
destroyed while in a perishable condition, such employee may be
permitted to work in excess of ten (10) hours in any one day for
the purpose of processing said perishable product into a non-perish-
able condition, provided that they are paid at the rate of not less
than time and one-third of the normal rate of pay for all hours
worked in excess of ten (10) hours in any one day.
b. Watchmen, guards, engineers, firemen and employees engaged
in maintenance or repair work, clerical or office work, and members
of shipping crews shall not be permitted to work in excess of forty-
four (44) hours in any one week nor in excess of nine (9) hours in
any twenty-four (24) hour period, nor in excess of six (6) days in
any seven (7) day period.
2. The Code Authority, with the approval of the Administrator,
may establish such shorter maximum work week than the foregoing
as may be required to further effectuate the purposes of the Act.
3. Except as hereinbefore and hereinafter provided, no overtime
whatsoever shall be permitted in the manufacture, production, as-
sembling or finishing of products manufactured by the Industry.
Any member of the Industry may apply to the Industrial Relations
Committee of the Code Authority for certification of compliance
with all rules and regulations governing the need of employment of
emergency or overtime workers due to shortage of workers. Upon
such certification of compliance and upon favorable recommendation
of such Industrial Relations Committee, the Code Authority may,
subject to the disapproval of the Administrator, permit employment
for overtime work. In no event, however, shall any employee be
permitted to work in excess of five hours per week overtime, nor shall
any overtime be permitted during more than fourteen (14) weeks
in any twelve months period, nor in any market or locality in which
there does not exist an actual shortage of available workers. Rates








of pay for such overtime work as may be permitted shall be not less
than 1 and 1/3 times the nornal rate of pay. Subject to review by
the Administrator, the Code Authority may presribe additional
rules and regulations eon'ierning o\vertimll employment consi-.tent
herewith.
4. No member of the Industry shall knowingly permit any em-
ployee to work for any time which. when aulddl to the time spent
at work for another member or members of the Industry, exceeds
the maximunii permitted herein.
5. The provisions( of this Article shall also apply to all employers
insofar as they themselves perform the work of craftsmen.
6. The. 'pvision.- of this Article shall not apply to outside
salesmen.
7. Each member of the Industry shall administer 'work in his
charge so as to provide the maxilmum continuity of employment
practicable for his personnel. The Code Authority shall submit to
the Administrator, as hereinafter provided, a plan for the regula-
tion and stabilization of employment in this Industry.
ARTICLE IV-RATES OF PAY
1. Except as hereinafter provided, no employee shall be paid less
than a minimum rate of fifteen ($15.00) dollars per week of forty
(40) hours; provided, however, that each employee wvho is permitted
to work in excess of forty (40) hours per week in accordance with
the provisions of Section 1(b) of Article III shall not be paid less
than the normal rate of pay for such hours worked in excess of forty
(40) in any one week.
2. Learners may be paid not less than $9.00 per week of 40 hours
for the first three months of employment, and not less than $13.00
for the next nine months of employment, after which period of
twelve months employees -hall be paid not less than the minimum
of $15.00 per week of 40 hours.
a. If the operation at which any Learner is engaged during the
first three (3) months of his employment has a piecework rate and
the amount earned at such rate is in excess of the rate of nine ($9.00)
dollar rs per week of forty hours, such Learner shall be paid at such
piecework rates; and if the operation at which any Learner is en-
ga-gel during the succeeding nine (9) months of his employment has
a piecework rate and the amount earned at such rate is in excess of
the rate of thirteen ($13.00) dollars per week of forty (40) hours,
such Learner shall be paid at such piecework rate.
b. Any time worked by a learner in the Industry shall be deemed a
part of such apprenticeship period, whether such time is worked
continuously, or in more than one shop, or for more than one em-
ployer, or at more than one kind of operation in the same subdivision
of the Ind ust ry.
c. The number of Learners engaged by any one employer shall at
no time exceed twenty-five (25.')) percent of the total number of
employees engaged by such employer, except that for a period
beginning July 1st and ending December 31, 1934, an additional
twenty-five (25%) percent of the total number of employees may
be employed.
806080 -1044-78--.34--2








3. A person whose earning capacity is limited because of age, phys-
ical or mental handicap, or other infirmity, may be employed on
light work at a wage below the minimum established by this Code,
if the employer obtains from the state authority, designated by the
United States Department of Labor, a certificate authorizing such
person's employment at such wages and for such hours as shall be
stated in the certificate. Such authority shall be guided by the
instructions of the United States Department. of Labor in issuing
certificates to such persons. Each Employer shall file monthly with
the Code Authority, a list of all such persons employed by him,
showing the wages paid to, and the maximum hours of work for
such employee.
4. This Article establishes minimum rate, of pay which shall apply
irrespective of whether or not an employee is compensated on a time
rate or other basis, and the Code Authority shall at times specified
by the Administrator, investigate and report on the effect of such
rates of pay on fair competition in the Industry, and the contin-
uance of such rates of pay, as minimum rates of pay only.
5. No employer shall ina!uk any reduction in the full time weekly
earnings of any employee whose normal full time weekly hours are
reduced by twenty percent. (20%.), or less, below those existing for
the four weeks ending g July 1, 1933. When the normal full time
weekly hours of an employee are reduced by more than said per-
cent, the full time weekly wage of such employee shall not be re-
duced by more than one-half of the percentage of hour reductions
above said percent. In no event shall hourly rates of pay be re-
duced, irrespective of whether compensation is actually paid on an
hourly, weekly, or other basis, nor shall any wages be at less than
the minimum rates herein provided.
Within thirty (30) days of the effective date hereof, (unless such
adjustment has been made theretofore) each employer shall adjust
the schedule of wages of his employees in such an equitable manner
as will conform to the provisions hereinabove set forth, and still
preserve wage differentials reasonably proportionate to those in
effect prior to the effective date of this Code.
6. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male
employees.
7. No employer shall reclassify employees or duties of occupa-
tions performed or engage in any subterfuge so as to defeat the
provisions of the Act or of this Code.

ARTICLE V-GENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be employed
in the Industry in any capacity. In any state, any employer shall
be deemed to have complied with this provision as to age, if he
shall have on file a certificate or permit, duly signed by the authority
in such state empowered to issue employment. or age certificates or
permits showing that the employee is of the required age.
(a) No person under eighteen (18) years of age shall be employed
at operations or occupations, if any, which arehazardous in nature
or detrimental to health. The Code Authority shall submit to the








Administrator within ninety (90) days of the effective date of this
amendment a list of all such operations or occupations.
2. Employees shall have the right to organize and bargain col-
lectively 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.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or a-istiing a labor organization of
his own choosing; and
4. Employers, shall comply with the maxiinumi hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
5. Every employer shall provide for the safety and health of his
employees during the hours and at. the places of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Administrator within six (6) months of the effec-
tive date of this amendment.
6. No manufacturing, assembling, or production work shall be
performed nor be contra.ited for performance in any home, nor in
any part of the living quarters of any employee or other person,
except in accordance with the pro visions of the Executive Order
of the President, dated May 15, 1934.
T'. No provisions of this Code hall supersede* any law within any
state which imposes more stringent requirements on employers as to
age of employees, wages, hours of work, or as to safety, health, or
sanitary regulations, or ir:-u ran:e, or fire protection, or general
working conditions, than are imllposed by this code.
8. All employers shall post and keep posted, copies of the labor
provisions of this Code in con4spicllous places, accessible to all em-
ployees. Every member of the Inl.Nstry shall comply with all rules
and regulations relative to the posting of the provisions of Codes
of Fair Competition which may, from time to tine, be prescribed
by the Administrator.
9. No provisions in this Article shall modify established practices
granting privileges as to vacation period, lh:v, s of absence, or tem-
porary absence from work heretofore granted to office employees.
10. Every employer shall file with the Code Authority a full and
accurate list of all employees, hired, or employed as "Learners ", as
defined above, and shall comply with all rules and regulations pre-
scribed by the Code Authority, with the approval of the Admin-
istrator, governing the employment of Learners in this Ilndls.try.
11. The Code Authority, subject to the approval of the Adminis-
trator, shall, within thirty (30) days of the effective date of this
Corde, a ind, if necess- ry, from time to time thereafter, issue rules
and regulations concerning the manu fact Ire and prod uct ion of Arti-
ficial Flower and Feather Products andi/or any part thereof that
Imay be necessary or required to finish or complete any Artificial
Flower and Feather Products under conditions known as contract-
ing ", and after such approval by the Administrator no member
of the Industry shall minauifacture and/or produce or cause to be








manufactured and, or produced any Artificial Flower and Feather
Product.- and or any part thereof that may be necessary or required
to finish or complete any Artificial Flower and Feather Products
undc-r such conditions of contracting unless the contractor "
shall comply in all respects with all such rules and regulations.
Without limitation, such rules and regulations shall include rules
andr regulations concerning (a) registration of contractors and those
employing contractors; (b) uniform written contracts which shall
be used in all relationships between contractors and those employing
contractors; (c) the filing of all such written contracts with the
Code Authority; (d) reports by contractors and those employing
contractors for full compliance with the provisions of this Code
and all amendments when made thereto.

Ai;TIr'LE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE
AUTHORITY

ORGANIZATION AND CONSTITUTION
1. A Code Authority is hereby established consisting of nine (9)
representative of the Industry who shall be selected by the Adiin-
istrator upon recommendations from members of the Industry. The
Industry shall be entitled to repres-entation upon the Code Authority
as follows: Deco-rative Flower 1Manufacturers, two (2) members.
Flower Manufacturers for the Millinery Trade, one (1) member,
Flower Mainufacturers for other apparel trades, one (1) member, The
Feather Industry, two (2) members, Importers and Jobbers, one (1)
member, and two (2) members at large. Members of the Code
Authority shall be appointed to hold office for one year, subject,
however, to the provisions of Section 3.
2. In addition to membership as above provided, there may be
three (3) members, without vote, to be known as Administration
members, to be appointed by the Administrator to serve for such
terms as he may specify.
a. One such member as provided for in Section 2 above shall be
appointed upon nomination by the Labor Advisory Board of the
National Recovery Administration.
3. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit. to the Admini.trator true copies of its articles of Association,
bylaws, regulations. and any amendments when made thereto, to-
gether with such other information as to membership, organization.
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find
that the Code Authority is not truly representative or does not. in
other respects comply with the provisions of the Act, may require
an appropriate modification of the Code Authority.
5. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any









member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties herc-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful malfeasance or nonfeasance.
6. If the Administrator shall at any time determine that any
action of a Code Authority or any agency thereof may be unfair or
unjust or contrary to the public interest, the Administrator may re-
quire that such action be suspended to afford an opportunity for in-
vestigation of the merits of such action and further consideration by
such Code Authority or agency pending final action which shall not
be effective unless the Administrator approves or unless he shall fail
to disapprove after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
7. Subject to such rules and regulations as may be issued by the
Administrator, the Code Authority shall have the following powers
and duties, in addition to those authorized by other provisions of
this Code:
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of the Industry with the provisions of
the Act.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code, and
to establish a confidential agency to which such information and
reports are to be delivered by members of the Industry, and to set
up rules and regulations governing the making of returns and reports
by members of the Industry as to: (1) Production, (2) Machine
hours, (3) Labor hours and pay-roll account. The aforesaid reports
shall be made not less than every three months, and at such other
times as the Artificial Flower and Feather Code Authority may de-
termine; provided, that no member of the Industry shall have access
to the confidential returns and data reported by the individual mem-
bers, but all such data shall be correlated, or otherwise presented in
such manner as to avoid disclosure of individual plant operations,
except when its use is necessary to prove or disapprove a complaint
or violation of this Code. In addition to information required to
be submitted to the Code Authority, members of the Industry sub-
ject to this Code shall furnish such statistical information as the
Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act to such Federal and State agencies as he
may designate; provided, that nothing in this Code shall relieve any
member of the Industry of any existing obligations to furnish re-
ports to any Government agency. No individual report shall be
disclosed to any other member of the Industry or any other party
except to such other Governmental agencies as may be directed by
the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided, that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to, and
comply with, the provisions hereof.








(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code and such other codes, if
any, as may be related to or affect members of the Industry.
(f) 1. It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair compe-
tition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem nec-
essary (1) an itemized budget of its. estimated expenses for the
foregoing purposes, and (2) an equitable basis upon which the
funds necessary to support such budget shall be contributed by
members of the Industry;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the
Industry, and to that end, if necessary, to institute legal proceed-
ings therefore in its own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and reg-
ulations pertaining thereto issued by the Administrator. Only mem-
bers of the Industry complying with the Code and contributing to
the expenses of its administration as hereinabove provided, shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its activities.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the Industry in their relations with each other
or with other Industries; measures for industrial planning, and sta-
bilization of employment; and including modifications of this Code
which shall become effective as part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet with
the Trade Practice Committees appointed under such other codes
as may be related to the Industry for the purpose of formulating
fair trade practices to govern the relationships between employers
under this Code and under such other codes to the end that such
fair trade practices may be proposed to the Administrator as amend-
mnents to this Code and such other codes.
8. Cost Finding.-The Code Authority shall cause to be formu-
lated methods of cost finding and accounting capable of use by all








members of the Industry, and shall submit such methods to the
Administrator for review. If approved by the Administrator, full
information concerning such methods shall be made available to all
members of the Industry. Thereafter, each member of the Industry
shall utilize such methods to the extent found practicable. Nothing
herein contained shall be construed to permit the Code Authority,
any agent thereof, or any member of the Industry to suggest uniform
additions, percentages or differentials or other uniform items of cost
which are designed to bring about arbitrary uniformity of costs or
prices.
ARTICLE VII-TRADE PRACTICE RULES

1. No member of the Industry shall publish advertising (whether
printed, radio, display or of any other nature), which is misleading
or inaccurate in any material particular, nor shall any member in
any way misrepresent any goods (including, but without limitation,
its use, trademark, grade, quality, quantity, origin, size, substance,
character, nature, finish, material, content or preparation) or credit
terms, values, policies, services, or the nature or form of the business
conducted.
2. No member of the Industry shall knowingly withhold from or
insert in any quotation or invoice any statement that makes it inac-
curate in any material particular.
3. No member of the Industry shall brand or mark or pack any
goods in any manner which is intended to or does deceive or mislead
purchasers with respect to the brand, grade, quality, quantity, origin,
size, substance, character, nature, finish, material, content or prepara-
tion of such goods.
4. No member of the Industry shall defame a competitor by falsely
imputing to him dishonorable conduct, inability to perform con-
tracts, questionable credit standing, or by other false representation,
or by falsely disparaging the grade or quality of his goods.
5. Threats of Law Suits. No member of the Industry shall pub-
lish or circulate unjustified or unwarranted threats of legal proceed-
ings which tend to or have the effect of harrassing competitors or
intimidating their customers.
6. No member of the Industry shall secretly offer or make any
payment or allowance of a rebate, refund, commission credit, un-
earned discount or excess allowance, whether in the form of money
or otherwise, nor shall a member of the Industry for the purpose
of influencing a sale, offer or extend to any customer any special
service or privilege not extended to all customers of the same class.
7. No member of the Industry shall give, permit to be given, or
offer to give, anything of value for the purpose of influencing or
rewarding any employee, agent, or representative of another in rela-
tion to the business of the employer of such employee, the principal
of such agent or the represented party, without the knowledge of
such employer, principal or party. This provision shall not be con-
strued to prohibit free and general distribution of articles commonly
used for advertising except so far as such articles are actually used
for commercial bribery as hereinabove defined.
6. No member of the Industry shall wilfully induce or attempt to
induce the breach of existing contracts between competitors and








their customers by any false or deceptive means, or interfere with
or obstruct the performance of any such contractual duties or serv-
ices by any such means, with the purpose and effect of hampering,
injuring or embarrassing competitors in their business.
9. No member of the Industry shall require that the purchase or
lease of any goods be a prerequisite to the purchase or lease of any
other -goods.
10. No member of the Industry shall grant any cash discount in
excess of two (2%) percent, ten (10) days, E.O.M. to any pur-
chaser of decorative flowers, prepared plants, botanical products, or
raw fancy feathers, nor to any manufacturer of dresses, coats and
suits, garters, handbags, shoes, slippers, or undergarments; and no
member of the Industry shall grant a cash discount in excess of
eight (8%) percent, ten (10) days, E.O.M. to any purchaser of any
other article not covered by the above provisions.
11. No member of the Industry shall accept returned merchandise
for credit under any circumstances except in accordance with the
following:
(a) Members of the Industry may accept merchandise for
credit which has been shipped by a customer within five (5) work-
ing days from the date of receipt by the customer in his store,
only for the following reasons: errors in shipment, delay in
delivery, defective material or workmanship or any breach of
contract. Members of the Industry shall not accept merchan-
dise for credit unless accompanied by a letter or regular return
form mailed by the customer to the manufacturer stating the
contents of the package, reason for the return and the date on.
which the merchandise was received.
(b) Members of the Industry may accept merchandise for
credit which has been shipped by the customer after five (5)
working days from the date of receipt by the customer in his
store, only for the following reasons: defective material or
workmanship or breach of contract which cannot be detected by
a reasonable inspection within the stated five (5) working days,
and under circumstances defined by the Code Authority subject
to the disapproval of the Administrator.
12. All shipments to customers shall be made f.o.b., point of
shipment.
ARTICLE VIII-PRICE FIXING

1. No member of the Industry shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the Industry to
change his price terms by the use of intimidation, coercion, or any
other influence inconsistent with the maintenance of the free and
open market which it is the purpose of this Article to create.
ARTICLE IX-COST AND PRICE CUrTING

1. The standards of fair competition for the Industry with refer-
ence to pricing practices are declared to be as follows:
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the Industry,








or of any other Industry, or the customers of either, may at any
time complain to the Code Authority that any price quoted
and/or charged constitutes unfair competition as destructive
price cutting, imperiling small enterprises or tending toward
monopoly or the impairment of code wages and working condi-
tions. The Code Authority shall within five (5) days afford an
opportunity to the nienber quoting and/or charging the price
to answer such complaint and shall within fourteen (14) days
make a ruling or adjustment thereon. If such ruling is not
concurred in by either party to the complaint, all papers shall
be referred to the Research and Planning Division of NRA
which shall render a report and recommendation thereon to the
Administrator.
(b) When no declared emergency exists as to any given
product, there is to be no fixed minimum basis for prices. It is
intended that sound estimating methods should be used and that
consideration should be given to costs in the determination of
pricing policies.
(c) When an emergency exists as to any given product, sale
below the stated minimum price of such product, in violation of
Section 2 hereof, is forbidden.
2. Emergency Provisions:
(a) If the Administrator, after investigation shall at any
time find both (1) that an emergency has arisen within the In-
dustry adversely affecting small enterprises or wages or labor
conditions, or tending toward monopoly or other acute conditions
which tend to defeat the purposes of the Act; and (2) that the
determination of the stated minimum price for a specified prod-
uct within the Industry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effec-
tuate the purposes of the Act, the Code Authority may cause an
impartial agency to investigate costs and to recommend to the
Administrator a determination of the stated minimum price of
the product affected by the emergency and thereupon the Ad-
ministrator may proceed to determine such stated minimum
price.
(b) When the Administrator shall have determined such
stated minimum price for a specified product for a stated period,
which price shall be reasonably calculated to mitigate the condi-
tions of such emergency and to effectuate the purposes of the
National Industrial Recovery Act, he shall publish such price.
Thereafter, during such stated period, no member of the Indus-
try, shall sell such specified products at a net realized price below
said stated minimum price and any such sale shall be deemed
destructive price cutting. From time to time, the Code Author-
ity may recommend review or reconsideration or the Adminis-
trator may cause any determinations hereunder to be reviewed
or reconsidered and appropriate action taken.

ARTICLE X-MODIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-








visions of subsection (b) of Section 10 of the Act, from time to time to
cancel or modify any order, approval, license, rule, or regulation
issued under Title I of said Act.
2. Such of the provisions of this Code as are not required to be in-
cluded herein by the Act may, with the approval of the Administra-
tor, be modified or eliminated in such manner as may be indicated by
the needs of the public, by changes in circumstances or by experience,
All the provisions of this Code, unless so modified or eliminated,
shall remain in effect until June 16, 1935.
ARTICLE XI-MONOPOLIES, ETc.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.

ARTICLE XII-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, and when made such increases should, so far as
possible, be limited to actual additional increases in the seller's
costs.
ARTICLE XIII-EFFECTrVE DATE

This amended Code shall become affective on and after the second
Monday after its approval, and shall thereupon supersede the Code
of Fair Competition for the Artificial Flower and Feather Industry,
approved on September 7, 1933.
Approved Code No. 29-Amendment No. 1
Registry No. 1603-02.







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