Amendment to supplementary code of fair competition for the beauty and barber equipment and supplies trade (a division o...

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Material Information

Title:
Amendment to supplementary code of fair competition for the beauty and barber equipment and supplies trade (a division of the wholesaling or distributing trade) as approved on August 31, 1934
Portion of title:
Beauty and barber equipment and supplies trade
Physical Description:
6 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:
Beauty shop supplies industry -- Law and legislation -- United States   ( lcsh )
Barbershops -- Equipment and supplies -- 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. 1606-04."
General Note:
"Approved Code No. 201D--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 - 647765473
ocn647765473
System ID:
AA00009923:00001


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NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO SUPPLEMENTARY
CODE OF FAIR COMPETITION
FOR THE

BEAUTY AND BARBER

EQUIPMENT AND SUPPLIES

TRADE
(A Division of the Wholesaling or Distributing Trade)

AS APPROVED ON AUGUST 31, 1984


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 201D-Amendment No. 1


Registry No. 1606-04





















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. 201D-Amendment No. 1


AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE

BEAUTY AND BARBER EQUIPMENT AND
SUPPLIES TRADE

As Approved on August 31, 1934


ORDER

APPROVING AMENDMENTS TO SUPPLEMENTARY CODE OF FAIR COMPE-
TITION FOR THE BEAUTY AND BARBER EQUIPMENT AND SUPPLIES
TRADE

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE

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 a Supplementary Code of Fair Competition for the Beauty and
Barber Equipment and Supplies Trade to the Code of Fair Competi-
tion for the Wholesaling or Distributing Trade, 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, Adminiistrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate by reference, said an-
nexed report, and do find that said amendments and the Supple-
mentary Code as constituted after being amended comply in all re-
spects 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 Supplementary Code is hereby modified to include
an approval of said Supplementary Code in its entirety as amended,
such approval and such amendment of Article II, Section 7; Article
III, Section 3; Article IV, Section 2; Article V, Section 1, Sub-
section (h); Article VII and Article VIII to take effect fifteen (15)
83656---1044-147---34





2

days from the date hereof, unless good cause to the contrary is
shown to the Administrator before that time and the Administrator
issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
HARRY C. CAnR,
Acting Di vision Administrator.
WASHINGTON, D.C.,
A uyt is/ 31, 193i4.










REPORT TO THE PRESIDENT


The PRESIDENT,
The White Hovwe.
SIm: This is a report of the Hearing on amendments to the Supple-
mentary Code of Fair Competition for the Beauty and Barber
Equipment and Supplies Trade, a division of the Wholesaling or
Distributing Trade, said Supplementary Code being approved Code
No. '201-Suipplement No. 4 and approved by me on April 4, 1934.
The Hearing on these amendments was held in the Cabinet Room
of the Willard Hotel on Thursday, July 19, 193-1.
This Supplementary Code has been amended by changing the defi-
nition of the term consignment in Section 7 of Article II so that
such section now reads as follows:
SECTION 7. The term 'consignment as used herein shall mean
leaving any merchandise (except sundries) with a customer more
than six days, the title to remain in the member of the Trade. until
such time as the customer shall purchase or return the merchandise."
This Supplementary Code has also been amended by adding to
Section 3 of Article III a new subsection reading as follows:
"(d) To suggest from time to time modifications of, and/or amend-
ments to this Supplementary Code and to assent to such modifica-
tions and/or amendments and to the Supplementary Code in its final
form as modified and /or amended."
This Supplementary Code has also been amended by adding a new
section to Article III, which section authorizes the CcHde Authority
to submit an itemized budget and an equitable basis of assessment
and to collect such assessment from members of the Trade ih ac-
cordance with the terms of your Executive Order No. cu7S, dated
April 14, 1934.
This Supplementary Code has also been amended by changing
the definition of a professional package contained in Section 2
of Article IV, so that a professional package" is now defined as
follows:
"A professional package is defined as any article of the industry
packed in a single package when the said package is labeled in
large, distinctive letters, Professional Package for Professional Use
Only '."
This Supplementary Code has also been amended by adding to
subsection (h) of Section 1 of Article V a new sentence which reads
as follows:
"The foregoing provisions of Subsection (h) shall not apply to
floor or salesmen's samples that have been on display or used for
demonstrating purposes for a period of six months or longer, in
which cases a member of the Trade may sell such damaged or deterio-
rated articles at not to exceed a twenty per cent discount from the
price filed by a member of the Trade in accordance with the provi-
sions of Article V, Section 1, Subsection (a) of this Supplementary
Code."







This Supplementary Code has also been amended by adding a new
Article VII which reads as follows:

"ARTICLE VII-PROHIBITION AGAINST USE OF SUBTERFUGE
No member of the Trade shall use any subterfuge to frustrate
the spirit and intent of this Supplementary Code or the General
Code, which spirit and intent are among other things, to increase
employment by universal covenant, to remove obstructions to com-
merce, to shorten hours of work, and to raise wages to a living basis."
This Supplementary Code has also been amended by changing
what was formerly Article VII to Article VIII.
The Deputy Administrator in his final report to me on said amend-
ment to said Supplementary Code having found as herein set forth
and on the basis of all the proceedings in this matter;
I find that:
(a) The amendment to said Supplementary Code and the Sup-
plementary Code as amended are well designed to promote the poli-
cies and purposes of Title I of the National Industrial Recovery Act
including the removal 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 organiza-
tion of industry for the purpose of cooperative action of labor and
management under adequate governmental sanction 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 tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) The Supplementary Code as amended 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
Secton 7, and Subsection (b) of Section 10 thereof.
(c) The Beauty and Barber Supply Institute, Incorporated, was
and is a trade association truly representative of the aforesaid Trade
and that said association imposed and imposes no inequitable re-
strictions on admission to membership therein and consents to these
amendments.
(d) The amendment and the Supplementary Code as amended
are not designed to and will not permit monopolies or monopolistic
practices.
(e) The amendment and the Supplementary Code as amended
are not designed to and will not eliminate or oppress small enter-
prises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to the approval of these
amendments to the Supplementary Code.
For these reasons these amendments to the above-named Supple-
mentary Code have been approved.
Respectfully,
HUGH S. JOHNSON,
AUGUST 31, 1934. Administrator.











AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE BEAUTY AND BARBER
EQUIPMENT AND SUPPLIES TRADE
A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE
The Supplementary Code of Fair Competition for the Beauty
and Barber Equipment and Supplies Trade is hereby amended as
follows:
Article II, Section 7, is amended to read as follows:
SECTION T. The term consignment as used herein shall mean
leaving any merchandise (except sundries) with a customer more
than six days, the title to remain in the member of the Trade until
such time as the customer shall purchase or return the merchandise.
Article III, Section 3, is amended by inserting subsection (d) to
read as follows:
(d) To suggest from time to time modifications of and/or amend-
ments to this Supplementary Code and to assent to such modifica-
tions and'or amendments and to the Supplementary Code in its
final form as modified and/or amended.
Article III is amended by adding thereto a new Section reading
as follows:
SECTION 6. (a) It being found necessary in order to support the
administration of this Supplementary Code and to maintain the
standards of fair competition established hereunder and to effectuate
the policy of the Act, the Divisional Code Authority is authorized:
1. 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 this Supplementary Code;
2. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(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
Trade;
3. After such budget and basis of contribution have been approved
by the Administrator, to determine and obtain equitable contribul-
tion as above set forth'by all members of the Trade, and to that end,
if necessary, to institute legal proceedings therefore in its own name.
(b) Each member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Divisional Code
Authority determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only such members of the Trade complying with the Supplementary
Code and contributing to the expenses of its administration as here-
inabove provided, unless duly exempted from making such contribu-




UNIVERSITY OF FLORIDA

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6 3 1262 08583 0940
tions, shall be entitled to participate in the selection of members of
the Divisional Code Authority or to receive the benefits of any of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery Administration.
(c) The Divisional Code Authority shall neither incur nor pay
any obligation substantially in excess of the amount thereof as esti-
mated 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 de-
ficiency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Article IV. Section 2, is amended by changing the definition of a
"professional package to read as follows:
A professional package is defined as any article of the industry
packed in a single package when the said package is labeled in large,
distinctive letters, Professional Package For Professional Use
Only ".
Article V, Section 1, Subsection (h), is amended by adding the
following sentence after proviso (2):
The foregoing provisions of Subsection (h) shall not apply to
floor or salesmen's samples that have been on display or used for
demonstrating purposes for a period of six months or longer, in
which cases a member of the Trade may sell such damaged or
deteriorated articles at not to exceed a twenty per cent discount from
the price filed by a member of the Trade in accordance with the
provisions of Article V, Section 1, Subsection (a) of this Supple-
mentary Code.
This Supplementary Code is further amended by inserting the
following as Article VII, and changing Article VII to Article VIII:

ARTICLE VII-PROHIBITION AGAINST USE OF SUBTERFUGE
No member of the Trade shall use any subterfuge to frustrate
the spirit and intent of this Supplementary Code or the General
Code, which spirit and intent are, among other things, to increase
employment by universal covenant, to remove obstructions to com-
merce, to shorten hours of work, and to raise wages to a living basis.
Approved Code No. 201D-Amendment No. 1.
Registry No. 1606-04.
0


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