Citation
Amendment to code of fair competition for the bedding manufacturing industry as approved on July 10, 1934

Material Information

Title:
Amendment to code of fair competition for the bedding manufacturing industry as approved on July 10, 1934
Portion of title:
Bedding manufacturing industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
5 p. : ; 24 cm.

Subjects

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

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1607-1-01."
General Note:
"Approved Code No. 219--Amendment No. 2."

Record Information

Source Institution:
University of Florida
Holding Location:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004936772 ( ALEPH )
647995810 ( OCLC )

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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

C CODE OF FAIR C O MPE TITION

FOR THE


BEDDING MANUFACTURING

INDUSTRY


_ ____ s __


Fbr sale by the Superintendent of Documents, Washington, D.C. Prkbe 5 cenls


Approved Code No. 219-Amendment No. 2


Registry No. 1607--1-01


AS APPROVED ON JULY 10, 1934


l I


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHIINGTON: 1984
























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.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 5041 Post Office Building.
Birmingham, Ala. : 257 Federal Building.
Boston, M~ass. : 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mlieb.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kiansas City, Mlo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, KyS.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
M~inneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A~, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building,
Portland, Oreg.: 215 Newr Post Office Building.
St. Louis, Mol.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Offlee Building.











Approved Code No. 219--Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

BEDDING MIANUFAC TURNING INDUSTRY

Asi Approved on July 10, 1934


ORDER

APPROVINo AMIENDMLENT TO CODE OF FAIR COMPETITION FOR THE
BEDDING MANUFACTURING INTDUSrTRY
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 Code of Fair Competition for the Bedding Mianufact~uring In-
dunt~ry, and3 hearings hav-ing been duly held thereon and the annexred
report on said amendments, containing findi~ng~ with respect thereto,
having been made and directed to the President:
NOWV, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Induistrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 65413-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendments and the Code as
constituted after being amended complex in~ all respects wih h
pertinent provisions and will promote teplc n upsso
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.
Hean S. JoHNSON,
Administrator for InrdustriarL Recovery.
Approval recoinmended :
BARTON W. MURRAY,
Division A dm~inLitrato~r.
WVASHINGTON, D.C.,
July 10, 1934.


ar3078" -829-38------8











REPORT TO THE PRESIDENT


The PRESIDENT,
The W~hitfe Ho-use.
SIR: This is a report on amendments of the Code of Fair Com-
petition for the Bedding M~anufacturing Industry as approved by
mie on January 23, 19341. Application was made u-mder date of
April 7, 1934 by the Code Authority for the Bedding M~anufac-
turing Industry for amendment of certain of the provisions of Arti-
cles II and V'II of the said Code. All interested parties were given
opportunity to present their views at a Public Henring held on these
proposed fourteen amendments on M~ay 4, 1934.
Six of these fourteen amendmlents have been approved by me.
They relate to the Code's definition of "' Bedding Industr~y ", to the
status of certain States with respect to the North-South wage differ-
enitial, to th~e la~belling regulations of the Cod~e, to the wording of
commercial bribery prohibition, and to expor-t trade.
The principal effects of these amnendme~nts wsill be to place West
V'irgrinia, Ma~ryland and the District of Colum~bia in thle North rather
than in the South, to prescribe regulations for the labelling; of bed-
ding containing bulke feathers, and dtowTn and to exempt shipments
for expor~t trade fr~om the sterns of sale provisions of the Code.
Thle Assistant Deputy Admiinistrator in his firud repor~t to me on
said amlenldmentss to said Codle having found as herein set forth anzd
on the b~asis of all the proceedings mn thiis matter:
I find that:
(a) The amecndments to said Code and the Code as amended are
well designed to promote the: policies and purposes of Title I of the
National Industrial Recovery Atct including the removal of obstrue-
tions to th~e free flow of initersjtate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
w\elfar~e by promoting the organization of industry for the purpose
of coop~erative action of labor and management under adequate gov-
ernmlental sanction andc supervision, by eliminating unfair comipeti-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production exceptt as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowfers the Code Authority to present the afore-
said .amendments on behalf of-the-industry as a whole.
(2)








(d) The amendments anid the Code as amended are not designed~
to and wvill not permit monopolies or monopolistic practices.
(e) The a.mendmients and thle Code as amnendled aret not. designed to
and will not elimiinate or ol-ppresis small enterprises and w~ill not
operate to discrimiinate against them.
(f) Thosee engaged in other steps of the economic process have
not been deprived of the right. to be heard prior to approval of said
amendments.
I believe the amendments to be fair to labor, to the consumer and~
to the- industry, anid for these reasons, therefore, I have app-roved
these am~endlments.
Respectfully,
Hoon S. JOHNSON,
Admlinstr~ator.
JULY 10, 19341.












AMENDMENT TO CODE OF FAIR COMPETITION FOR
TH E BEDDING M4AN UFACTURING INDUSTRY

AMTENDM6ENT NO.
SArticle II, Section 1, of the Bedding C~ode shall be and hereby is
amended, by inserting in parentheses after the word "L pillows thd:
words, "' including the preparation and processing of fea.t~hers and
down ", the section to read as follows:
'"' 1. The term industry as used herein, includes the manufac-
ture, remaking_ repairing, or renovating of mattresses, pillows (in-
cluding the preparation and processing of feathers and downn, box
springs, studio couches (the principal components of which are
springs, mattresses, and pillows), metal beds, metal and wood cribs
and cots, metal bed springs, and gliders; provided how everthnt
this definition shall not include any retailfrntrordptmn
store which, incidental to the operation of such business, repairs,
remakes, or renovates for customers a bedding product previously
sold by such store to such customer; provided, further, that organ-
izations or groups of manufacturers representing branches or sub-
divisions thereof may become parties to or be exempted from this
Code on approval by the Administrator."'
AMENDMENT NO. 2

Article II, Sect~ion 6, of the Bedding Code shall be and hereby
Sis amended, by deleting the words, "' West Virginia ", Maryland ',
and District of Columnbia ", the Section to read as follows:
6. The South as used herein includes the following States:
Virginia, North Carolina, South Carolina, Georgia, Floridla, Ken-
tuck~y, Tennessee, Alabama, Mississippi, Arkansas, Louisiana, Texas,
and Oklahoma. The North includes tihe remaining States of the
United States."
AMENDMENT NO. 6

Article VII, Part I, Section 4, subsection (c), of the Bedding Code
shall be and hereby is amended, by inserting at the beginning there-
of, and again, in quotation marks just before the word curled ",
the word crushed ", the subsection to read as follows:
"i Crushed, curled or chopped feathers shall be designated by the
name of the fowl from which they came, preceded by the words.
' crushed ', curled ', or chopped '."
AMZENDMENT NO. 7
Article VII, Part I, Section 4, of the Bedding Code shall be and
hereby is amended, by striking out the words feathers and down "








at the end of the first paragraph thereof, and by inserting after
paragraph (g) thereof a new paragraph as follows:
(h) Bu~lk Feather anLd Downl Labe~lling Ru~les.--No commodity
shall be sold, offered for sale, Inbelled, adv\ertised or described as
down other than the under-coating of a water-fowrl, consisting of
the light, fluffy filaments grown froml onie qurill point b~ut without
any quill shaft, except that a 10'"o tolerance by weight of small
water-fowl feathers only shall be allowed. Feathers and. or down
shall not be labelled wit'h percentages or propositions of ingredients
unless such feathers andl,'or dlown do in faet contain the p~ercentag~es
or proportions named, except that a tolerance of 10S70 by weight
shall be allowedd"
AlbENDMENTT NO. 1U

Article VII, Part I, Section 15, of the Bedding Code shall be
and hereby is amended, by deleting the word '" spiffy "' in the head-
ing and r~emoving parentheses around commercial bribery ", also
in the heading, and by deleting the w~ordls loan ", or loaned ",
"L directly ", and loan or in the first sentence, the section to read
as follows:
"' 15. Commiiercial Biribery ---No member of the industry shall give,
permit to be given, or offer to giv~e, anyIthing of value for the purpose
of influencing or rewarding the action of any employee, agent, or
representative of another in relations to the business of th~e employer
of such employee, the principal of such agent or the represented
party, without the knowledge of suich employer, principal or par~ty.
This provision shall not be conlstruedl to prohibit frece andt general
distribution of articles commionly usedl for ad\ertising except so
far as such articles are actually used for commnerciall br1ibery~ as
hereinabove dtefned."
AblnENDRIENT NO. 13

Article VII, Part I, of the Bed~ding Code shall be and her~eby is
amended, by adding after Section 39 a new Section numbered 33,
as follows:
"L 33. Export Trade ----N'o provision of this Code relating to prices
or terms of selling, shipping or manrketing,a shall apply to export
trade or sales or shipments for exYport trade. Export~ Trade shall
be as defined in the Export Trade Act adopted April 10, 1918."
Approved Code No. 219--Amenndment No. 2.
Registry No. 1607-1-01.






3 1262 08584 3018




Full Text

PAGE 1

Approved Code No. 219-Amendment No.2 Registry No. 1607-1-01 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BEDDING MANUFACTURING INDUSTRY AS APPROVED ON JULY 10, 1934 -r ,. , 0 -::----U.S. UNITED STATES GOVERNMENT PRINTING OFFICB WASHINGTON: 1934 For sale by the Superintendent of Documents, Washinaton, D.C. • • • • • • • • Price 5 cent.

PAGE 2

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. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass.: 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif. : 1163 South Broadway. Louisv ille, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building, Portland, Oreg.: 215 New Post Office Building . . St. Louis, Mo.: 506 Olive Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 219-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BEDDING MANUFACTURING INDUSTRY Approved on July 10, 1934 ORDER APPROVING AMENDMENT TO CoDE OF FAIR CoMPETITION FOR THE BEDDING MANUFACTURING 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 a Code of Fair Competition for the Bedding Manufacturing 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 Execu6ve Orders of the President, including Executive Order No. 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 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. Approval recommended : HuGHS. JoHNsoN, Administrator for lndU8trial RecoverY.... BARTON W. MuRRAY, Dilvision Administrator. WASHINGTON, D.C., July 10, 1934. '13078-829-38-34 (1)'

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White Hous e . SrR: This is a report on amendments of the Code of Fair Competition for the Bedding Manufacturing Industry as approved by me on January 23, 1934. Application was made under date of April 7, 1934 by the Code Authority for Bedding Manufacturing Industry for amendment of certain of the provisions of Arti cles II and VII of the said Code. All interested parties were given opportunity to present their views at .a Public Hearing held on these proposed fourteen amendments on May 4, 1934. Six of these fourteen amendments have been approved by me. They relate to the Code's definition of " Bedding Industry ", to the status of certain States with respect to the North-South wage differ ential, to the labelling regulations of the Code, to the wording of commercial bribery prohibition, and to export trade. The principal effects of these amendments will be to place vVest Virginia, Maryland and the District of Columbia in the North rather than in the South, to prescribe regulations for the labelling of bedding containing bulk feathers, and down and to exempt shipments for export trade from the terms of sale provisions of the Code. Tho Assi stant Deputy Administrator in his finnl report to me on said amendments to said Coue having found as herein set forth and on the basis of all the proceedings in this matter: I find that: (a) The amendments to said Code and the Code as amended are well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act including the removal of obstruc tions to the free flow of interstate and foreign comm _ erce 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 of labor and management under adequate governmental sanction and supervision, by elirninating 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 in creasing 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 Code as amended complies in all respects with the pertinent provision of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and sub-section (b) of Section 10 thereof. (c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the industry as a whole. (2)

PAGE 5

3 (d) The amendments and the Code as amended are not de signed to and will not permit monopolies or monopolistic practices. (e) The amendments and the Code as amended are not designed to and will not eliminate or oppres s small enterprises and will not operate to di scriminate against them. (f) Those engaged in other steps of the economic proce ss have not been deprived of the right to be h eard prior to approval of said amendment. I believe the amendments to be fair to l a bor, to the consumer and to the industry, and for these reasons, therefore, I have approved these amendments. R espect fully, JULY 10, 1934. H uaH S. JoHNSON, Adndnistrator.

PAGE 6

11\.MENDMENT TO CODE OF FAIR COMPETITION FOR THE BEDDING MANUFACTURING INDUSTRY AMENDMENT N 0. 1 Article II, Section 1, of the Bedding Code shall be and hereby is amended, by inserting in parentheses after the word " pillows " the words, "including the preparation and processing of feathers and down", the section to read as follows: " 1. The term 'industry' as used herein, includes the manufacture, remaking, repairing, or renovating of mattresses, pillows (including the preparation and processing of feathers and down), box bprings, studio couches (the principal components of which are springs, mattresses, and pillows), metal beds, metal and wood cribs und cots, metal bed springs, and gliders; provided, however, that this definition shall not include any retail furniture or department store which, incidental to the operation of such business, repairs, remakes, or renovates for customers a bedding product previously sold by such store to such customer; provided, further, that organizations or groups of 1nanufacturers representing branches or sub divisions thereof may become parties to or be exempted from this Code on approval by the Administrator." AMENDMENT N 0. 2 Article II, Section 6, of the Bedding Code shall be and hereby 1 is amended, by deleting the words, "West Virginia", "Maryland", and "District of Columbia", the Section to read as follows: " 6. The ' South' as used herein includes the following States: Virginia, North Carolina, South Carolina, Georgia, Florida, Kentucky, Tennessee, Alabama, Mississippi, Arkansas, Louisiana, Texas, and Oklahoma. The ' North ' includes the remaining States of the United States." AMENDMENT No. 6 Article VII, Part I, Section 4, subsection (c), of the Bedding Code shall be and hereby is amended, by inserting at the beginning thereof, and again, in quotation marks just before the word "curled", the word" crushed", the subsection to read as follows: "Crushed, curled or chopped feathers shall be designated by the name of the fowl from which they came, preceded by the words. 'crushed',' curled', or 'chopped'." AMENDMENT No. 7 Article VII, Part I, Section 4, of the Bedding Code shall be and hereby is amended, by striking out the words " feathers and down " (4)

PAGE 7

5 at the end of the first paragraph thereof, and by inserting after paragraph (g) thereof a new paragraph as follows: "(h) Bulk F e ather and Down Lab e lling Rules.-No commodity shall be sold, offered or sale, labelled, adverti ed or described as down other than the under-coating o a water-fowl, consisting of the light, fluffy filaments grown from one quill point but without any quill shaft, except that a 10 % tolerance by weight of small water-fowl feathers only shall be allowed. Feathers and/or down shall not be labelled with percentages or propositions of ingredients unless such feathers and/or down do in act contain the percentages or proportions named, except that a tolerance of 10% by weight shall be allowed." J AMENDMENT N 0. 10 Article VII, Part I, Section 15, of the Bedding Code shall be and hereby is amended, by deleting the word "spiffs " in the heading and removing parentheses around "commercial bribery", also in the heading, and by deleting the words "loan", "or loaned ", "directly", and "loan or" in the first sentence, the section to read as follows: "15. 001nmercial Bribe1-y.-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 the action of any employee, agent, or representative of another in relation to the business of the employer of such employee, the principal of such agent or the represented party, without the knowledge o such employer, principal or party. This provision shall not be construed to prohibit free and general distribution of articles commonly used for adYerti sing except so far as such articles are actually used for commercial bribery as hereinabove defined." AMENDMENT N 0. 13 Article VII, Part I, of the Bedding Code shall be and hereby is amended, by adding after Section 32 a new Section numbered 33, as f ollows: "33. Ewport Trade.-N o provision of this Code relating to prices or terms of selling, shipping or marketing, shall apply to export trade or sales or shipments or export trade. 'Export Trade' shal1 be as defined in the Export Trade Act adopted April 10, 1918." Approved Code No. 219-Amendment No. 2. Registry No. 1607-1-01. 0

PAGE 8

UNIVERSITY OF FLORIDA II I II \IIIII Ill Ill IIIII IIIII II IIIII\ II IIIII\ II \\\\\1 II II II IIIII I I 3 1262 08584 3018 --