Code of fair competition for the artificial flower and feather industry as approved on September 7, 1933 by President Ro...

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Title:
Code of fair competition for the artificial flower and feather industry as approved on September 7, 1933 by President Roosevelt
Portion of title:
Artificial flower and feather industry
Physical Description:
iv, 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:
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."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 647766173
ocn647766173
System ID:
AA00009924:00001


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Registry No. 1603-02


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE


ARTIFICIAL FLOWER AND


FEATHER INDUSTRY

AS APPROVED ON SEPTEMBER 7, 1933
BY
PRESIDENT ROOSEVELT


WE DO OUR PART


1. Executive Order of President Roosevelt
2. Report of Administrator
8. Report of Deputy Administrator
4. Text of Code


UNITED STATES
GOVERNMENT PRINTING OFFICER
WASHINGTON: 1933


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


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EXECUTIVE ORDER


CODE OF FAIR COMPETITION FOR THE 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 my approval of a Code of
Fair Competition for the Flower and Feather Industry, and hearings
having been held thereon and the Administrator having rendered his
report containing an analysis of the said Code of Fair Competition,
together with his recommendations and findings with respect thereto,
and the Administrator having found that the said Code of Fair
Compeittion complies in all respects with the pertinent provisions of
Title I of the said Act and that the requirements of clauses (1) and
(2) of subsection (a) of Section 3 of the said Act have been met:
Now, THEREFORE, I, Franklin D. Roosevelt, President of the United
States, pursuant to the authority vested in me by Title I of the
National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the Administrator and do order that the said Code of
Fair Competition be, and it is hereby, approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON.
THE WHITE HOUSE,
September 18, 1933.
(M)
























SEPTEMBER 14, 1933.
The PRESIDENT,
The White House.
MY DE&R Mr. PRESIDENT: I have the honor to submit and recom-
mend for your approval, the Code of Fair Competition for the Ar-
tificial Flower and Feather Industry. The Code has been approved
by the Labor Advisory Board, the Consumers Advisory Board and
the Industrial Advisory Board.
An analysis of the provisions of the Code has been made by the
Administration; and a complete report is being transmitted to you.
I find that the Code complies with the requirements of clauses 1 and
2, subsection (a) of Section 3 of the National Industrial Recovery
Act.
I am, my dear Mr. President,
Very sincerely yours,
HooU S. JoHNsON, Administrator.
Enclosure.
(IV)











REPORT OF THE DEPUTY ADMINISTRATOR ON THE CODE
OF FAIR COMPETITION FOR THE ARTIFICIAL FLOWER
AND FEATHER INDUSTRY
I

A proposed Code of Fair Competition for the Flower and Feather
Industry was submitted by the Artificial Flower and Feather Indus-
tries of America, Incorporated, and a hearing thereon was held the
twenty-ninth day of August. 1933.
The Artificial Flower Industry includes both the preservation of
natural flower. and plants and the manufacture of artificial flowers,
leaves, fruits, etc., from paper and cloth. The Feather Industry
includes the preparation and renovation of ostrich plumes and the
manufacture of fancy articles from feathers.
The submitting association represents approximately eighty-five
percent of the industry by volume of business. There is a total of
about three hundred concerns in the industry of which one hundred
seventy are represented by the Artificial Flower and Feather Indus-
tries of America, Incorporated.

II

The Code as recommended by the Administrator may be sum-
marized as follows:
Article I enumerates the purposes of the Code.
Article II sets forth certain definitions.
Article III provides for a maximum hour schedule of forty hours
per week with the possibility of overtime, if in the judgment of the
Code Authority overtime may be found necessary.
Article IV provides a basic minimum wage of fifteen dollars per
week for skilled and semiskilled employees and ten dollars per
week for apprentices. The employment of apprentices is made sub-
ject to strict regulation. This article also contains a clause requir-
ing the equitable readjustment of wage scales in excess of the basic
minimum.
Article V abolishes child labor (minors under sixteen years of
age).
Article VI sets up a Code Authority to cooperate with the Ad-
ministrator in the administration of the Code and enumerates certain
recommendations concerning trade practices which the Code Au-
thority may make at some future time to the Administrator.
Article VII contains the mandatory provisions of the National
Industrial Recovery Act and makes certain other provisions regu-
lating the conditions of employment.
Article VIII provides for the regulation of homework and the
abolition of fifty percent of the existing homework by January 1,
1934, and the abolition of all homework by May 1, 1934.








III

The subjects of wages, hours of labor, and general conditions in
the industry, as well as an estimate of the extent to which this Code
will effectuate the purposes of the National Industrial Recovery
Act, are admirably detailed in the accompanying report of Mr. Kol-
chin of the Planning and Research Division.
Mr. Kolchin estimates that the provisions of this Code will bring
about a twenty percent increase in employment plus an undetermin-
able percentage due to the decrease in the number of homeworkers
and a twenty percent increase in wages plus the raising to the min-
imum which cannot be determined.
A Code Authority is set up by this Code to assist the Administra-
tor. It is provided that this Code Authority consist of seven mem-
bers and that all of them be appointed by the Administrator. Such
a procedure, it is realized, is somewhat unusual; but the rather
peculiar internal organization of the industry makes this arrange-
ment advisable. Originally there was but one trade association: the
Artificial Flower and Feather Industries of America, Incorporated.
Certain minor disagreements, however, brought about a schism
within this association and a minority group drew off to form an
association of its own. For the Code to recognize either association
to the exclusion of the other might be interpreted as unfair dis-
crimination. On the other hand, if the Administrator should specify
that a certain number of the members of the Code Authority be
appointed by one association and a certain number by the other asso-
ciation, as has at times been our practice, there would be a tendency
to encourage the division of the industry into two rival associations.
Such a tendency would be unfortunate; within an industry as small
as this, two associations are unnecessary and can accomplish no good
purpose. It is planned that the members of the Code Authority
shall be chosen from leading figures in each of these associations.
Such appointees, however, will be recognized by the Administrator.
not, as representatives of either association, but as representatives of
the industry as a whole. In the meantime, steps are being taken to
reconcile the minor disagreements and to bring the industry once
more into one compact organization. It is expected that, by the time
this Code comes into effect, such a reconciliation will have been
made.
IV
-In many industries homework has been, or soon will be, pro-
hibited. In most, if not all, of these, however, homework is of
relatively little importance; it does not constitute an integral part
of the productive system. On the other hand, homework has always
been a considerable factor in the Artificial Flower and Feather In-
dustry, and it is feared that any radical and abrupt change at this
time might further depress and disorganize an industry already in
a highly precarious situation. Time must be allowed for gradual
and orderly readjustment. New workers must be brought into the
factories and acclimated to the factory system of production. Two
seasons at least will be required to provide the necessary staffs to








meet the production quotas formerly supplied with the aid of home-
workers.
The evil of homework is fully recognized. The deplorable con-
ditions in this industry led the State of New York to impose rigid
regulations on all homework; and though great steps forward have
been taken on the basis of this legislation, and though many of the
objectionable features of the system have been eliminated, home-
work in the Artificial Flower and Feather Industry is an evil limited
by not much more than the scope of the practice itself.
On the other hand, the immediate and complete prohibition of
homework, quite aside from the disorganization it would impose
upon the industry, would impose severe hardships on the home-
workers themselves. It would be as difficult for the homeworkers
as for the employers of homeworkers to adjust themselves overnight
to a new system of production.
In view of these considerations, a method has been sought whereby
homework might be gradually eliminated from the industry. As
stated above, at least. two seasons will be required to bring about
the necessary readjustment. One season will terminate by January
1, 1934, and another by May 1 1934. To speed reorganization, one
half of the homework now per ormed is prohibited after January 1.
Employers will thus be impelled, through fear of curtailed produc-
tion after that date, to begin immediately the training of factory
workers; and they will be impelled, by a like consideration, to con-
tinue such a policy after January 1, to provide against May 1, when
homework will be completely abolished.
To prevent the abuse of the homework privilege during the inter-
val for which it is allowed, stringent regulations are provided. No
person may engage in homework without permission from the Code
Authority; such permission will in no case be given unless evidence
is presented that all local and state laws regarding homework, as
well as all regulations imposed by this Code, have been complied
with; each employer must file with the Code Authority and with the
Administrator a complete list of the homeworkers in his service,
and must file periodically reports showing the wages paid to each
person so engaged. These provisions, and others, it is thought, will
minimize the evil of homework during the comparatively short
interval between the time this Code goes into effect and May 1, 1934,
when homework will be finally and completely prohibited.
The Deputy Administrator finds that-
(a) The Code complies in all respects with the pertinent pro-
visions of Title I of the Act, including, without limitation, sub-
section (a) of Section 7 and subsection (b) of Section 10 thereof;
and that
(b) The trade association submitting said Code imposes no
inequitable restrictions on admission to membership therein and is
truly representative of the Artificial Flower and Feather Industry;
and that
(c) The Code is not designed to promote monopolies or to limit
or oppress small enterprises, and will not operate to discriminate
against them, and will tend to effectuate the policy of Title I of
the National Industrial Recovery Act.
EARL DEAN HOWARD,
Deputy Administrator.














































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CODE OF FAIR COMPETITION FOR THE ARTIFICIAL
FLOWER AND FEATHER INDUSTRY


ARTICLE I

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Artificial Flower and Feather Industry,
and upon approval by the President, shall be the standard of fair
competition for this industry.

ARTICLE 11-DEFINITIONS

1. The term "industry as used herein includes the manufacture,
wholesale distribution, and importation of artificial flowers and
feathers and such branches and subdivisions thereof as may from
time to time be included under the provisions of this Code.
2. The term "employee" as used herein includes any person en-
gaged in any phase of the industry, in any capacity, irrespective of
his method of compensation or interest otherwise in said industry.
3. The term employer as used herein includes anyone for whose
benefit or on whose business such employee is engaged, and anyone
engaged in said industry on his own behalf.
4. The term "persons" as used herein shall include, but shall not
be limited to, natural persons, trustees, partnerships, receivers, asso-
ciations, and corporations.
5. The term "effective date" as used herein shall mean and this
Code shall become effective on the first Monday after this Code shall
have been approved by the President of the United States.

ARTICLE III-Hors orF LABOR

1. Except as hereinafter provided, no employee shall work, or be
permitted to work, in excess of forty (40) hours in any one. week, or
more than eight (8) hours in any twenty-four (24) hour period.
2. Subject to review by the Administrator, the Code Authority
may designate the hour before which work shall not begin and the
hour after which work shall not continue, and may determine in
which localities such regulations shall apply.
3. No overtime shall be permitted except upon the recommendation
of the Code Authority and the approval of the Administrator, and
under such conditions and upon such terms as the Administrator may
prescribe.
4. No employee shall work or be permitted to work for a total
number of hours in excess of the number of hours prescribed for
each week and day, whether employed by one or more employers.
12106--133-34---33 (1)








ARTICLE IV-RATES OF PAY

1. No employees shall be paid at less than the rate of fifteen
dollars ($15.00) per week of forty (40) hours.
2. Apprentices.-(a) No apprentices shall be paid at less than the
rate of ten dollars ($10.00) per week of forty (40) hours for the
first six (6) weeks of employment, and thereafter not less than the
minimum wages provided in Section (1) of this Article.
(b) If the operation at which any apprentice is engaged has a
piecework rate and the amount earned at piece rate is more than
ten dollars ($10.00) per week, such apprentice shall be paid on a
piece-rate basis.
(c) The period of apprenticeship shall be strictly limited to six
(6) weeks and any time worked by an apprentice 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 employer.
(d) The number of apprentices engaged by any one employer shall
at no time exceed ten percent (10%) of the total number of em-
ployees engaged by such employer.
3. No employee shall be paid less than the minimum wages set
forth in this article, regardless of whether such employee is com-
pensated on a time-rate or a piece-rate basis.
4. No employer shall reduce the hourly rate of compensation for
employment in effect as of July 1, 1933, whether heretofore paid on
a monthly, weekly, daily, or hourly basis. The hourly rates of pay
of all employees whose hours of employment have been reduced by
the provisions of this code, but whose wages have not been increased
by the foregoing sections of this article, shall be increased by an
equitable readjustment.

ARTICLE V-MIINIMUM AGE

No person under sixteen (16) years of age shall be employed in
the industry.
ARTICLE VI-ADMINISTRATION

To further effectuate the purposes of the Act, a Code Authority
is hereby set up to cooperate with the Administrator in the adminis-
tration of this Code.
A. (1) The Code Authority shall consist of seven (7) members
who shall be representative of the various interests in the industry
and such other interests as the Administrator may designate, and
shall be appointed by the Administrator.
(2) Any trade or industrial association participating in the selec-
tion or activities of the Code Authority shall at all times comply with
the following requirements:
(a) It shall impose no inequitable restrictions on membership.
(b) It shall not violate any rule or regulation prescribed by the
President of the United States, or any other provision of the National
Industrial Recovery Act.
(c) It shall submit to the Administrator, or his deputy, for
approval true copies of its articles of association, bylaws, regula-
tions, and any amendments when made thereto, together with such






3


other information as the Administrator may require from time to
time to effectuate the policies of this Act.
(3) The Administrator shall entertain complaints and provide such
hearings as he may deem necessary or proper for those claiming the
right to be represented on the said Code Authority, and he shall
have the right from time to time to change the method of selection
and the organizations selecting the members of the Code Authority
in order that the Code Authority shall be truly representative of the
industry.
(4) An appeal from any action by the Code Authority affecting
the rights of any person subject to this Code may be taken to the
Administrator.
(5) Hereafter only employers assenting to this Code shall be
entitled to participate in the selection of the Code Authority and to
share the benefits of its activities as herein set forth. Any employer
accepting the benefits of the activities of the Code Authority shall
pay his proportionate share of the expense of the maintenance of the
Code Authority and its activities.
B. The Code Authority shall have the following duties and powers
to the extent permitted by this Act and subject to review by the
Administrator:
(1) To elect officers and assign to them such duties as it may con-
sider advisable, and to provide rules for its selection by the industry,
its procedure, and its continuance as the administrative agency of
this Code, in accordance with the terms of the Act and the principles
herein set forth.
(2) To administer and enforce the provisions of this Code.
(3) To obtain from time to time from employers in the industry
reports in respect to wages, hours of labor, conditions of employ-
ment, number of employees, and other matters pertinent to the
purposes of this Code as the Code Authority may prescribe, and
to submit periodical reports to the Administrator in such form
and at such times as he may require, in order that the President
may be kept informed with respect to the observance hereof.
(4) To regulates the use of the N.R.A. insignia and to limit the
same to employers in the industry who have agreed to comply with
this Code, so long as they conform to its provisions.
(5) To coordinate the administration of this Code with such
other codes, if any, as may be related to the Artificial Flower and
Feather Industry, or any subdivision thereof, with a view to pro-
moting joint and harmonious action upon matters of common
interest.
(6) To make surveys, to compile reports, to collect statistics and
trade information, to investigate unfair trade practices, to make
recommendations for fair-trade practices, to initiate and consider
proposals for amendments or modifications of this Code, and other-
wise assist the Administrator in effecting the purposes of this Code
and the National Industrial Recovery Act.
(7) To secure a proportionate payment of the expense of main-
taining the Code Authority and its activities from those employers
accepting the benefits of the activities of the Code Authority.
C. The Code Authority shall study the following matters and pro-
visions relating to trade practices and the operation thereof, and may








make recommendations thereon in the form set forth, or as modified,
to the Administrator. Upon the approval of the Administrator and
after such hearing as he may prescribe, such recommendations, or any
part of them, shall become a part of this Code and shall have full
force and effect as provisions hereof.
(1) False Marking.-The false marking or branding of any prod-
uct of the industry which has the tendency to mislead or deceive
customers or prospective customers as to the grade, quality, quantity,
substance, character, nature, origin, size, finish, or preparations of
any product of the industry is prohibited as an unfair method of
competition.
(2) False Advertising.-The making or causing or permitting to
be made or published, any false, untrue, or deceptive statement by
way of advertisement or otherwise concerning the grade, quality,
quantity, substance, character, nature, origin, size, or preparation of
any product of the industry having the tendency and capacity to
mislead or deceive purchasers or prospective purchasers is prohibited
as'an unfair, method of competition.
(3) Terms and Discounts.-The maximum terms that shall operate
in the following branches of the industry, namely, decorative flowers,
wax flowers, flowers and feathers manufactured for the dress, cloak
and suit, negligee trade, raw fancy feathers, naturally prepared bo-
tanical products and feather dyers, shall be two percent (2%) dis-
count in ten (10) days c.o.m., or the equivalent thereof; on all other
manufactured artificial flowers and feathers a maximum discount of
eight percent (8% ) in ten (10) days c.o.m., or the equivalent thereof
at the rate of six percent (6%) per annum.
(4) Return of Merchandise.-No merchandise purchased and
shipped in good faith and in accordance with the buyer's specifica-
tions may be returned for credit by any purchaser, unless returned
within three (3) days.
(5) Selling on Consignment.-No merchandise shall be shipped on
memorandum or on consignment for sale.
(6) Gratuities.-The giving of gratuities or gifts to buyers,
whether in the form of money, goods, or privileges is prohibited.
(7) Advertising.-Allowance of discounts for advertising or for
payment for space in newspapers, magazines, guides, or directories
on behalf of any retailer to be used in promoting the sale of mer-
chandise to the consumer is prohibited. The supplying of cuts,
matrices, and window cards shall, however, not be included in such
prohibition.
(8) Assignments.-No person shall take or receive from any cus-
tomer, either before or after the delivery of merchandise, either di-
rectly or indirectly, an assignment of accounts receivable, or security
in any form whatsoever, in payment of the purchase price of mer-
chandise or as security therefore, without first notifying the Code
Authority that such assignment or security has been or is about to
be received, nor shall any person assign, sell, transfer, or mortgage
its accounts receivable or chattels, either directly or indirectly, with-
out first notifying the Code Authority that such transfer, sale,
assignment, or mortgage has been or is about to be taken or given.
(9) F.O.B. Shipments.-All shipments to retailers shall be made
f.o.b. city of manufacture.






5

(10) False Invoicing.-No sale shall be made by any person upon
any other terms except as expressly set forth in the order, contract of
sale, or the invoice pertaining to such sale.
(11) The regulation of style and design piracy.

ARTICLE VII
1. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and hall be
free from 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 col-
lective bargaining or other mutual aid or protection;
2. 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 assisting a labor organization of
his own choosing; and
3. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
4. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sion of Subsection (b) of Section 10 of the National Industrial Re-
cov'ery Act, from time to time to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the Presi-
dent to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
5. Within each state, members of the industry shall comply with
any laws of such state imposing more stringent requirements, regu-
lating the age of employees, wages, hours of work or health, fire or
general working conditions, than under this Code.
6. No goods shall be manufactured by any employer in any prison,
prison camp, penitentiary, reformatory, or other penal institution
or in any place by means of prison labor.
S7. No work shall be done or be permitted to be done in any base-
ments, unsanitary buildings, buildings unsafe on account of fire risks,
or otherwise dangerous. In any state in which buildings used in
the industry, including dwellings, are subject to inspection by the
Department of Labor of such state, or of the Government of the
United States, no work shall be done in such buildings or dwellings
without the provisions relating to such inspection having first been
complied with, and proof of such compliance having been supplied
to the Code Authority.
S. Any employer who at any time shall manufacture any article
or articles subject to the provisions of this Code, shall be bound by
all the provisions of this Code as to all employees engaged in whole
or in part in such manufacture. In case any employee shall be en-
gaged partly in such manufacture and partly in the manufacture of
goods of another character, this Code shall only apply to such
portion of such employee's time as is applied to the manufacture of
articles subject to this Code.








9. Nothing in this Code is designed to promote, nor shall it permit
monopolies or monopolisLic practices; nor is it designed to, nor shall
it eliminate, oppress, or discriminate against small enterprises.

ARTICLE VIII-HoMEWORK

1. No home work shall be permitted after May 1, 1934. After
January 1, 1934, no employer shall employ more than fifty percent
(50%) of the number of home workers employed by him as of
September 1, 1933.
2. Until May 1, 1934, no work shall be done in any home unless
and until evidence has been presented to the Code Authority, as
agent for the Administrator, that all State, municipal, and other
laws and regulations relating to home work have been complied with
and unless the names and addresses of such home workers and their
employers shall have been filed with the Code Authority.
3. The Code Authority shall file with the Administrator a list of
the names and addresses of all hoine workers employed in the indus-
try and shall indicate by whom all such home workers are employed.
4. No home worker shall be engaged at the same time by more
than one employer.
5. All home workers shall be paid on the same piece-rate basis as
factory employees engaged in similar work.
6. Copies of Articles III, IV, and VIII of this Code shall be
supplied to all home workers.







UNIVERSITY OF FLORIDA
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