Citation
Code of fair competition for the ladies' handbag industry as approved on March 14, 1934

Material Information

Title:
Code of fair competition for the ladies' handbag industry as approved on March 14, 1934
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
Supt. of Documents
Publication Date:
Language:
English
Physical Description:
p.27-39 : ; 23 cm.

Subjects

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

Notes

General Note:
"Approve Code No.332 ; Registry No.235-1-01"

Record Information

Source Institution:
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:
004853438 ( ALEPH )
63654306 ( OCLC )

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Full Text






NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


LADIES' HANDBAG INDUSTRY


AS APPROVED ON MARCH 14, 1934









SMBER


WE DO OUR PART


- -.; -.


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON f1984


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


Approved Code No. 332


Registry No. 236-1-01
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, VWashinitonl. 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 Buildintg.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1891 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chkicgo, IlL: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: ,Mil First National Bank Buil'linil.
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 Brj;idwl;y.
Louisville, Ky.: i(f' Federal Builliin'.
M-.nimli-z. Tenn.: 22:1 Federal Builling.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse
Norfolk, Va.: 406 East Plume Street.
PIlil.:il'li.iL. 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.: ".'9 Federal Office Building.












Approved Code No. 332


CODE OF FAIR COMPETITION
FOR THE

LADIES' HANDBAG INDUSTRY

As Approved on March 14, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE LADIES' HANDBAG
IND)US.TRY
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 a Code of
Fair Competition for the Ladies' Handbag Industry, and hearings
having been duly held thereon and the annexed report on said Code
containinge 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. Johnl.,on, Adinisitrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reiftrer ce said annexed
report and do find that said Code complies 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 Code of Fair Com-
petition be and it is hereby approved; provided:
1. That Section 2 of Article IV be stayed until such time as the
Code Authority shall present to the Administrator a definition of
the term semi-skilled employee", which receives the approval of
the Administrator.
2. That, in addition to other members of the Code Authority, there
may be appointed by the Administrator or elected by such method
as he may prescribe, in his discretion, not more than three additional
members with voting privilege to be chosen from members of the
industry who are not, in the opinion of the Administrator, adequately
represented on the Code Authority.
HUGH S. JOHNSON,
Administrator for Indu1st 4al Recovery.
Approval recom menrided:
A. D. WHITESIDE,
Division Administrator.
WASHINGTON, D.C., -
March 14, 1934.


46-473-- 425-73- 34


(27)












REPORT TO THE PRESIDENT


The PRESIDENT,
The White Hou.ts.
SIR: This is a report of the Hearing on the Code of Fair Coiiipe-
tition for the Ladies' Handbag Industry conducted in Washington
on December 8, 1983. in accordtaince with the Provisions of the
National Industrial Recovery Act.
PROVISIONS FOR HOURS AND WAGES
The Code limits the hours of labor for all employees, except outside
salesmen and pers.-,ons employed in a inmanageriiil or supervi-,ory
capacity earning not less than thirty-five dollars ($35.00) per week.
to forty (40) hours per wSk. Shipping, clerical and office employees
are limited to forty (40) hours per w eek, averaged over a one month
period. Provi.-ion is also made for the appointment of a Special
Committee to determine the extent to which the .forty (40) hour
week tends to eliminate unemployment. This Special Commnittee
will report to the Administrator on or before May 1st its findings.
and simultaneously it will make whatever recolminend:ations it may
feel nef.i---;a ry, keeping in mind the problems of the industry, for the
relief of unemployment.
The minimum wage provided is thirty-five cents (350) per hour,
or fourteen dollars ($14.00) per week, for unskilled worker-', and
forty-five cents (45c) per hour, or eighteen dollars ($18.00) per
week, for semi-skilled workers. The Administrator may, under
exceptional circllu.-itances, and upon such conditions as he may pre-
siribe, permit the employment of learners at rates below the lbaic
minimum. Handicapped workers may also be employed at rates
below the basic minimum, but only under strict reLnilation.
E('ONOMIC EFFECT OF THE CODE
During the year 1933 the average number of persons employed in
the Ladies Haidlba;g Industry was about twelve thoutis,:id (12,000).
The aveirge' nulmIler of hours worked per weck during the year was
forty-eight (48). By reducing the maximum hours to forty (40),
employment will probably be increased by from twelve (1 ) to
fifteen (15o,) percent, and, other things reilaining equal, the iinduls-
try will probably absorb, as a direct result of the operation of the
Code, -..liewhere between fifteen hundred (1500) and two thousand
(2000) additional employees.
Praictically no information regarding" earnings are available, and
in consequlen e no estimate can be nm;de of the fft of the iniiliium
algeI hereinc provided. If for no other rtea-,on, however, ~there will
Sbe a siu'nificnnt ilncrea.se because of the incre;i-.e of employment above
referred to. Total payrolls will beJincreased by at leai-t twelve (12%)
or fifteen (15.-l) percent.
(28)








FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pr .rcld-
ings in this matter;
I find that:
(a) Said Code is well desigiied to 1promijote the policies and pur-
poses of Title I of the National Indu.strial Recovery Act, including
removal of obstructions to the free flow of intiestate and foreign com-
Imirce which tend to diminish the amount there and will provide
for the general welfare by promoting the organization of indu(lt ry for
the purpose of cooperative action among the trade gr,,ops, by induc-
ing and imailtaininig united action of labor and management under
adequate governmental sanctions and supervi-inin, by eliminalting
unfair competitive practices, by priomioting the fullest possible utili-
zation of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumpll option of industrial and agricultural
products through increasing purchasing power, by reducing and re-
lieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved colimplies in all respects with the perti-
nent provisions of said Title of said Act, including without limi-
tating Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly represent ative of the afore-
said Industry; and that the said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate 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 approval of said Code.
For these reasons the Code has been approved.
Respect fully,
HUGH S. JOHNSON, Adin listrator.
MARCH 14, 1934.












CODE OF FAIR COMPETITION FOR THE LADIES'
HANDBAG INDUSTRY

ARTICLE I-P--mRPOSES
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 Ladies' Handbng Industry, and shall be
the standard of fair competition for such industry and shall be
binding upon every member thereof.

ARTIt LE II-DEINNITIONS
1. The term "industry" as used herein includes the manufacture
of ladies', misses', and children's handhag,, pocketbooks, and
pllr.-'.s, manufactured of any material of any kind or nature. The
term industry" shall not include, however, the manufacture of
allndbags, pocketbooks, purses and mesh bags manufactured in
whole of metal.
2. The term "employee as used herein includes any person
engaged in any phase of the industry, in any capacity, receiving
compensation for his services, irrespective of the nature or method
of paym-elnt of such compensation.
3. The term employer as used herein includes anyone for whose
benefit, or on whose business such an employee is engaged.
4. The term "member of the industry as used herein includes
anyone engaged in the industry, either as an employer or on his
own behalf and either as manufacturer, man u fact ii ring jobber or
contractor.
5. The terms "President ", "Act ", and "Administrator" as u-sed
herein shall mean respectively the President of the United States,
Title I of the National Inducitrial Recovery Act, and the Adminis-
trator for Industrial Recovery.

ARTICLE III-HouRs
1. Except as hereinafter provided, no employee shall be permitted
to work in excess of forty (40) hours in any one w 'k, nor in excess
of eight (8) hours in any twenty-four (24) hour period.
2. No person employed in shipping, clerical, or office work, unless
he is employed in a imriiage'rial or exei.utiv\ capacity and earns not
less than thirty-five dollars ($35.00) per wn.k, shall be permitted to
work in excess of forty (40) hours per week averaged over any one
(1) month period.
3. The provisions of this Article shall not apply to outide

4. Subject to the a.pproa\l of the Administrator, the Code Author-
ity shall de-i.rgnate the hour before which work shall not b1,w1,in and
the hour after which work shall not continue. In the discretion of
(30)








the Code Autlhority such opeiiilr and clobi)r hours need not be
uniform throughout the country, Liit jiany be varied to meet varying
needs and conditions.
5. No iiember of the industry shall engage any employee for any
time which when totaled with that already performed with other
nmemiber or members of the industry exceeds the ilaxiliullln permitted
herein.
ARTICLE IV-W AGES
1. Exeptt as hereinafter provided, no employee shill be paid at
less than the rate of thirty-five cents (350) per hour.
2. No semi-skilled employee engaged in cutting, framing, paring,
p(cketbo(Ik making and/or operating (except lining operating,
'cementing and/or pa-tinig) employed in the manaufactlure of any of
the products covered by the provisions of this Code, made of any
Material' other than imitation leather, shall be paid at less tlnhn the
rate of forty-five (45) cents per hour.1
3. The Administrator may, under excei.ptional cir'lcumistances, and
uponl such conditions as he may prescribe, permit a member of the
industry to employ learners at rates below the minimum wage herein
estabi- ihed.
4. This Article establishes a minimum rate of pay which shall
apply irrespective of whether an employee is compensated on a piece
rate, time rate or other basis.
5. Suiijt'ct to review by the Code Authority and by the Adcilinis-
trator no employer shall reduce the weekly compensation for employ-
ment now in exces of the minimum wages e-tablished herein, not-
withstanding that the hours worked in such employment may hereby
be redlceid.
6. The Administrator may, upon recommendation by the Code
Authority and after full study and investigation by the Code Author-
ity, and after such notice and hearing as he shall prescribe, estab-
lish, as a part of this Code. such basic rates for the more skilled
classes of employees as may be necessary to further effectuate the
purposes of the Act.
7. A person whose working capacity is limited because of age or
physical or mental handicap nayv be employed at a wage below the
minimum e-tablished by this Code under the following conditions:
(a) That they shall be paid proportionately no less than the other
employees in the same factory receive for similar work, but in no
case shall their compensation amount to less than seventy percent.
(70 ) of the amount required by the minimum wage provisions of
this Code.
(b) That the employer shall at once prepare and transmit to the
Code Authority a list of such excepted person stating name, class
of occupation, wage rate, length of service and reason for exception.
This list shall be revised up-to-date once each month and transmitted
to the Code Authority.
(c) The proportion of excepted per-,ons to total employees at any
time shall not exceed the proportion of such employees on the pay
roll during the week of July 15, 1933.
1 See paragraph 2 (1) of order approving this Code.








(d) The Code Authority shall have the right to investigate and
disallow any such claims for exception subject to review by the
Administrator upon appeal by an employer or employee.
(e) The Code Authority shall report to the Administrator within
three (3) months and from time to time thereafter as to the effect
of the operation of this provision, both generally and in cases of
individtiiual hardl-lhilp.

AkI I .LF, V-GENERAL LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed
in the i1nluIstry.
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 employtirs of
Inbler, or their agents, in the designation of such replre.-elitati ves or
in self-organization or in other concerted ai:tivities for the purpose
of collective bargaining or other mutual aid or protection.
3. No employee and no one seeking eiiployilientl shall be required
as a condition of employment to join any company union or to
refrain from joining, organizing, or auditing a labor organization
of his own choosing.
4. Employi.-rs shall comply with the maximum hours of labor, min-
imum rates of pay, and other conditions of employliilnt approved
or prescribed, by the President.
5. No employer shall reclassify employees or duties or occupations
performed for the purpose of defeating the provisions of the Act or
of this Code.
6. Every employer shall provide for the safety and health of his
employees at the place and during the hours of their elimployment.
The Code Authority shall recommend to the Administrator mini-
imumin standards for the safety and health of employees in this
industry which minimum standards, upon the approval of the
Administrator, shall become effective provisions of this Code.
7. No provision in this Code shall supers.-rde 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 insurance, or fire protection, or general
working conditions, than are imposed by this Code.
8. All employers shall post complete copies of Articles III, IV,
and V of this Code in conspicuous plaie:s accessible to employees.
9. No provision of this Code shall limolify established practices
or privileges as to vacation periods, leaves of absences, or temporary
;aiall'li. from work heretofore granted to office employees.
10. No iil:. j,1ii of the industry shall give out work to be per-
formed in any h'Hii or dwelling place, ex--ept that this prohibition
shall not apply to handbeading, handcrocheting, or han 'lemiibroid-
erinj', and except that hand sewing at home shall be permitted until
July 1, 10:;4, but .i5all not be permitted thereafter. The Code
klAuthority shall, in conjunction with such state goveiiiiliints and
such depart nl:nits of the Federal Goverinment and such otlhr agencies
as the Administrator may designate, study and inive-tigate the
prublucil of homework in this industry and shall imiake to the








Administrator recommendations for the effective and appropliate
control of .-u.'ih lihomew\ork as is herein permitted. Should the
Administrator find it to the best interest of the iid'i-try or to the
best iniitre.-(- of labor or otherwise necessary to further effectuate
the purpo -is of the A,;t, ]h may further restrict, or wholly 1I'proibit,
the practic.- of homework in this Industry.
11. Any pei-on who shall at any time mannmi':i1u're any article or
articles -iihject to the provisions of this C,,il, shall be bound by all
the provision, of this Code as to all employees enaigi-d in whole or
in part, in such manufacture. In case any employee shall be
er:gagd partly in such in:nliifa'ture and partly in the manufacture of
goods of another character, this Code Iliull apply to such portion of
sui'l employee's time as is applied to the ni;anufactl ire of articles
subject to the pr,\vi-ions of this Code.
12. No nmeInli.,r of ilhr irnlu-try shall give out w,'rk on a contract
ba;-.i unless such work is given out with a written agreement that
the contractor and all other parties to such contract shall comply
with all the pertinent proviions;ll of this Code. The Cold Authority
shall draw up a uniform a'greiinent which shall be used wherever
and whenever work is given out on a contrn;ct basis when such
agreement is approved by the Administrator.

AI:TICLE VI-AD m I N iu -ATIN-o
1. There shall forthwith be constituted a Code Authority con-i.-ting
of:
(a) Eleven (11) representatives of the industry, or such other
number as may be approved from time to time by the Administrator,
to be selected as hereinafter provided.2
(b) One (1) mnicmber, to be appointed by the Administrator on the
nominnati(.l of the Labor Advisory Board of the National Recovery
Adinini-tration.
(c) Such additional members, without vote, not to exccdl three as
the Administrator may appoint to represent such groups or interests
or such governmental agencies and for such periods as he may
designate.
2. The repre-.e.ltativ\es of the Industry shall be s,..lected in the fol-
lowing manner:
(a) Five (5) members shall be selected by the Associatedl I' ill.ig
Industries of Aniierica, Inc.
(b) Two (2) members shall be -elo-'ted by the National Association
of Lalies' Handhllb Ma ;lnufactu rers;
(c) Two (2) inlibil_.-.r shall be selected by the Industrial Council
of Leather Goods Man:ilfatir'- s, Inc.;
(d) One (1) member shall be seintil.d by the MiHlv,.-t Handbag
and S1iall Leather Wares Association, Inc.;
(e) One (1) member shall be selected by the Ladies' ILindbag
Manufacturers of the Pa,.ific Coast.
3. Each trade or industrial association directly or indirectly pIr-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inqluitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of a--(ociation,
2See paragraph 2 (2) of order approving this Code.








by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem neces.-ary to effectuate
the purposes of the Act.
4. In order that the Code Authority hall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper, and may require an appropriate modification
in the method of selection of the Code Authority.
5. Nothing contained in this Code .shall constitute the nilember. 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 be liable
to anyone for any action or omission to act under the Code, except
for his willful misfeasance or nonfeasance.
6. Members of the Industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to par-
ticipate in the selection of the members thereof by a-urnting to and
complying with the requirements of this Code and sustaining their
reasonable share of the expenl es of its administration. Such reason-
able share of the expeni-es of administration shall be determinlled by
the Code Authority subject to review by the Administrator on the
basis of volume of business and/or such other factors as may be
dteined c1lqiitable.
7. If the Administrator shall deteriiiine that any action of a code
authority or any agency thereof may be unfair or unjust or contrary
to the public interest, the Adminii-trator may require that such action
be suspended, to afford an opportunity for investigation of the merits
of such action and further consideration by .uch code authority or
ageiiry pending final action which shall not be effective unless the
All.hiiii-'trator approve, or unless he shall fail to disapprove after
thirty days' notice to him of intention to proceed with such action in
its original or modified form.
8. The Code Authority shall have the following further powers and
duties, the exercise of which shall be reported to the Administrator.
(a) To insure the execution of the provisions of this Code and
to provide, subject to rules and regula.itio(ns established by the Ad-
ministrator, for the compliance of the industry with the provisions
of the Act: Provided, however, that this shall not be construed to
deprive duly authorized governmental agencies of their power to
enforce the provisions of this Code or of the Act.
(b) To adopt a constitution, by-laws and rules and regulations
for its procedure and for the administration and enforcement of this
Code, and to submit the same to the Administrator for his ap-
proval, together with true copies of any aiielndments or additions
when made thereto, minutes of meetings when held, and such other
inforiiiition as to its activities as the AdItinistrator may deem
necessary to effectuate the purposes of the Act.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the Code, and in
addition to information required to be submitted to any Code Au-








thority all or any of the persons subject to this Code shall furnish
such statistical information as the Administrator may dcjl neces-
sary for the purposes recited in Section 3 (a) of the Act, to such
Federal and State agencies as the Admiinistrator may designate;
nor shall anything in any code relieve any person of existing obli-
gations to furnish reports to government agencies. No individual
reports shall be disclosed to any other member of the industry or
any other party except to such governmental agenciesv as may be
dire-t,.d by the President.
(d) To use such trade a-soc.iations zand other agncies as it deems
proper for the carrying out of any of its activities provided for
herein and to pay such trade associations and agonies the cost
thereof, 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 herocf.
(e) To nmake reconumnndations to the Administrator for the coor-
dination of the administration of this Code with such other codes, if
any, as may be related to the Industry.
(f) To secure from members of the indlutry an equitable and
proportionate payment of the reasonable expein-es of maintaining
the Code Authority and its activities.
(g) To establish or designate an agency on planning and fair
practice which shall cooperate with the Code Authority in devel-
oping fair trade practices and industrial planning, including the
regularizatTon and stabilization of employment for the industry.
(h) To initiate, consider, and make recniiinendations for the mod-
ification or amendment of this Code which shall become effective as
a part of this Code when approved by the Administrator after such
notice and hearing as he may specify.
(i) To recommend provisions for a uniform cost and/or account-
ing system for each division of the industry which, upon approval
by the Administrator and after such notice of hearing as shall be
prescribed, shall become a part of this Code. Any member of the
industry shall have the privilege of continuing any cost and/or
accounting system now in use, or of instituting any cost and/or
accounting system suitable and adapted to his particular needs, pro-
vided that the selling price arrived at by the use of any such system
shall not be less than the cost of that particular article which would
be arrived at by the use of the uniform cost and/or accounting sys-
tem recommended by the Code Authority and approved by the Ad-
ministrator. Any such system approved by the Administrator shall
involve only such elements of cost as may be reasonably necessary
to assist in the administration and enforcement of this Code.
(j) To undertake, in conjunction with the Code Authorities of
related industries, an investigation of style piracy and to recmnimend
to the Administrator, within a reasonable period of time, appro-
priate means for the re-gulation and control of style piracy, which
rec(,nimendations, upon the approval of the Admiinistrator and after
such notii,_. and hearings as he may prescribe, shall become effective
provisions of this Code.








ARTICLE VII-NRA LABELS
1. All i irci llii-t, manu fa;itui-ird subjectt to the provisions of this
Code shall bear an NRA label, or authorized substitute therefore,
to symbolize to purchasers of said merchandise the conditions under
which it has been manufactured.
2. Under the powers vested in the Administrator by Executive
Order of October 14, 1933. and under grant of the necessary authority
by him, the Code Authority shall have the exclusive right of this
industry to issue and sell -aid labels to the members thereof.
3. Each label shall bear a registration number especially assigned
to each member of the industry by the Code Authority, and shall
remain attached to all such ltmerchi andise when sold to the retail
distributor.
4. Any and all members of the industry may apply to the Code
Authority for a permit to purcla-.e and use such NRA labels, which
permit shall be granted to them, but only if, and so long as, they
comply with this Code. The Code Authority shall not refuse the
issuance of labels to any member of the industry on the ground of
noncompliance, unless said Code Authority is, at the time of the
refusal prepared to certify to the Administrator a prima facie ca-se
of noncompliance with this Code, or with valid rules and regulations
of the Code Authiority by the member of the industry. In the event
the Code Authority so refuses the issuance of said labels. a complete
file showing the alleged noncompliance by such niember of the indus-
try shall be certified not later than the day following said refusal to
the Administrator for action by the National Compliance Director,
or by such governmental or administrative agency as the Admin-
istrator may direct.
5. Subject to the approval of the Administrator, the Code Au-
thority shall establlish rules and regulations and appropriate
machinery for the issuance and sale of labels and the inspection,
ex.naination and slupcrviN-ion of the practices of members of the
industry using such labels for the purposes of ascertaining the right
of such members of the industry to the continued use of said labels;
or protecting puirha-ers in relying on said labels; and of insuring
to each individual member of the industry that the symbolism of
said label will be Imaintained by virtue of compliance with the pro-
visions of this Code by all other members of the industry using
said label.
6. The charge made for such labels by the Code Authority shall
at all tinimes be subject to supervision and orders of the Administra-
tor and shall be not more than an amount necessary to cover the
actual reasonable cost thereof, including actual printing, distribution,
adminii:-tration. and supervision of the use thereof as hereinabove set
forth.
7. The application of the provisions of this Article shall at all
times be subject to rules and regulations issued by the Administrator
in respect thereto.








AiIn ri .- VIII-TniDEI PRACTICE RUIA.!:

1. No iiinow er of the industry shall publish advert i-ilng (whether
prime:!, radio, display or of any other nature), which is ii;-'liadiing
or ina(rlur.I'e in any material particular, nor shall any iiimember, in
any way misrepresent any gi'ods (including but \vitlmut limitation
its lu'e, trade-mark, grade, quality, quantity, origin, size, -iib-t(an:ce,
character, nature, finish, material content or lpr-pi ration) or credit
terms, values, policies, services, or the nature or form of the businiiiess
conducted.
2. No i neiinber of the industry shall use selling methods or credit
tenrus which tend to d-ceive or mislead the cui-tou'ier or prospective

3. No nubiiilJbr of the indu-'try shall withhold from or iliert in
any quotation or invoice any statement that imake.: it inaccurate
in any material particular.
4. No member of the iindu-t ry shall brandd! or mark or pack any
goods in any manner which is intended to or does deceive or nii-lead
purchasers with re-pect to the brand, grade, quality, quantity, origin,
size, suibl,- tani'e, character, nature, finish, material content or prepara-
tion of sulc goods.
5. No wmeImber of the industry shall publish advertising which
refers inaccurately in any material particular to any competitors or
their goods, prices, values, credit ternis, policies or services.
6. No member of the industry shall publish or circularize unjusti-
fled or unwarranted threats of legal proceedings which tend to harass
or have the effect of harassing competitors or intimidating their
cliAt olrl? -'s.
7. No member of the industry shall give, or permit to be given any
secret payment or allowance of rebate, refund, commission, credit,
or unearned discount, whether in the form of money or otherwise,
or the secret extension to secret purchasers of special services or
privileges not extended to all purchasers on like termni and conditions.
8. No member of the indii-.try shall ship commodities on coIl.ign-
ment or memorandum.
9. No member of the industry shall give, permit to be .gi\'en, or
directly 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 repre:-ntedl party without the
knowledge of such employer, principal or party. Commercial brib-
ery provisions shall not be construed to prohibit free alnd general dis-
tribultiron of articles clmmonmily used for advertising except so far
as such articles are actually ul-ed for coumiereial bribery as herein-
above deftne-l.
10. No member of the industry shall attempt to induce the breach
of an exi-tingl contract between a competitor and his customer or
source of r ,ipply; nor shall any ;iv.mbe r of the industry intforflre
with or obstruct the performance of iiuch contractual duties or
services.








11. No member of the industry -111ll grant cash discounts in excess
of 3/10 E.O.M.; anticipation may be allowed at the rate of six per-
cent (i;' ) per annum.
12. No member of the industry shall pay, directly or indirectly,
any part of the advertising expenses of a puirch;iLr, prospective pur-
chaser or their agents.
13. No member of the industry shall accept the return of any
merchandise shipped to a purchaser, nor allow credit therefore, nor
excli;ngi merchandise, after the merchandise has been in the pos-
session of the purchaser for more than seven (7) day, whljere the
agreement of sale has been fully performed by such member.
14. No member of the industry shall sell any merchandise -libje.t
to the provisions of this Code at a price below his own individual
cost as computed by the uniform cost sy-tem provided in Article
VI, Section 8 (i) of this Code when approved by the Admini-trator;
provided, however, that a member of the industry may sell at a
price below his own individual cost in order to neet the competition
of another member who is not himself selling at a price below his
own individual cost, computed on a like basis. This rule shall not
apply to bona fide senni-i;il clearance sales nor to the sale of im-
perfect or actually d;ii-iged or distressed merchandise; subject to
the approval of the Administrator, the Code Authority may estab-
lish regulations to govern such sales.
15. No member of the industry shall dispose of distressed mer-
chandise except upon prior notice to the Code Authority, along with
such information as the Code Authority and the Administrator may
prescribe. General fall competitive items shall not be sold as dis-
tressed merchandise prior to December 26, general spring competi-
tive items shall not be sold as distrc-i-l merchandise prior to
Mother's Day, and gtir iiil summer competitive items shall not be
sold as distr by the Administrator, the Code Authority may permit the sale of
merchandise at periods other than those herein established.

ARTICLE IX-MODIFICATION
1. This Code and all the provisions thereof are expre-(.ly made
subject to the right of the President. in accordance with the provi-
-ions of sub-,-ertioni (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order, ap-
proval, licen .e. rule or regulation issued under Title I of the said
Act and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any
conditions imposed by him upon his approval thereof.
2. This Code, except as to the provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Adiini.iitrator
and such notice and hearing as he shall specify, and to become ef-
fective on approval by the President.








A I;:Tn X-MONOPOLTES, ETC.
No provision of this Code shall be so applied as to pi.-rilit monopo-
lies or monopolistic practices, or to eliliiiilnte, oppress, or di.-1riini-
Iate against small enterprises.

ARTICLE XI-PRICE IN. HE.\:.:s
Whereas the policy of the Act to increase real purchasing power
will be made impossible of coii:-liimnlltion if prices of g,"ds and
services ii,'!,tse as rapidly as w'ig-':, it is recognized that prie-' in-
creases should be delayed. But when made such increases should,
so far as possible, be limited to actual increases in the seller's costs.

ARTICLE XII-EFFECTIVE DATE
This code shall become effective on the second Monday after
approval by the President.
Apegistry' l ui ''l Noo. :-12'.
Registry No. 2.'AG-1 ,ll.




UNIVERSITY OF FLORIDA
SI 1262 0848II II6 803II
3 1262 08486 8032




Full Text

PAGE 1

Approved Code No. 332 Regi try No. 236-1-01 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE LADIES' HANDBAG INDUSTRY AS APPROVED ON MARCH 14, 1934 .. WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1934 For sale by the Superintendent of Documents, Washington, D.C. ---Price 5 cents

PAGE 2

This publication is for sale by tbe Superintendent of D ocument , Government Printing Office, Washington, D . . , Ull(l b ' clistrkt office. of 1 Ile Dureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEP ARTMEN"J; OF COMMERCE Atlanta, Ga.; 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, l\lass.: 1e01 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, IlL: Suite 1706, 201 N rtl.J Wells Street. Cleveland, Ohio: Chamber of Comwerce. Dallas, Tex.: Chamher of Commerce Building. Detroit, Mich . : 01 First Tational Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerc:e Builuing. Juckonville, Fla.: Charuhn of Commerce Building. Kansa::: City, ~Io.: 10:28 Baltimore Avenue. Lo ~ Angeles, Calif.: 1163 South Broadway. L on i dlle. Ky.: -:10 Federal Buil
PAGE 3

Approved Code No. 332 CODE OF FAIR COMPETITION FOR THE LADIES' HANDBAG INDUSTRY As Approved on March 14, 1934 ORDER APPROYI~G CODE OF FAIR COMPETITION FOR THE LADIES ' HANDBAG INDUSTRY An application having been duly made fursuant to and in :full compliance with the provi ions of Title I o the National Industrial RecoYery Act, approYecl June 16, 1933, :for approval of a Code of Fair Competition for the Ladies ' Handbag Industry, and hearings having bee n duly held thereon and the annexed report on said Code..; containing findings with re s p ect thereto, having been made and. directe l to the Pre. ident: KO,v, THEREFORE, on b e h alf of the President of the nite d States , I , Hugh S. Johns on , Administrator for Indu trial Rec overy, pursuant to authority Ye t e d in me by Executive Orders of the Pre ident, including Executive Order No. 6543-A, dated Decemb e r 30, 1933, and othe nYi se; do hereby incorporate by refe renc e aid annexed report and do find that said Code complies in all respects with the pertinent provi ions and will promote the policy and purpo e of aid Title of said Act; an l do hereby order that said Code of Fair Com :r,etition be and it i hereby approYed; provided: 1. That Section 2 of Article IV be stayed until such time as the Code Authority shall present to the Administrator a definition of the term "semi-skilled employee", which receiYes the approval of the Administrator. 2. That, in addition to other member of the Code Authority, there may be appointed by the Administrator or elected by such method as he may prescribe, in his discretion, not more than three additional members with voting privilege to be chosen from members of the indu try who are not, in the opinion of the Administrator, adequately repre ented on the Code Authority. Approval recommended: A . D. ''THITESIDE, HUGHS. JOHNSON, Ad11iinistrator f 01~ lndusfrial R e covery. Div ision Admin:lstrator . , v ASH! TGTON, D .C . , ... 111 arch 14, 1934 . 46473-425-73-34 (27)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The TI hite H ouse . Srn: Thi i a report of the Hearing on the Code of Fair Competition for the Ladies Handbag Indu try conducted in W a hirnrton on D ecember , 1933 in accordance with the Pro-vi ions of the National Indu trial Recovery A.ct. PROVISIONS FOR HO RS A D ,vAGES The Code limits the hours of labor for all emplo ees, except out ide sale men and persons employed in a managerial or upervi or3 capacity earning not le than thirty-five dollar ( $35 .00) per week to forty ( 40) hour I er we k. Shipping clerical and office mployee are limited to forty ( 40) hours per week, averaged over a one month period. Provi ion is also made for the appointment of a Special Committee to determine the extent to which the .forty ( 40) hour week tends to eliminate unemployn1ent. This Special Committee will r eport to the Administrator on or befor fay 1 t its finding . and imultaneously it will make whatever recommendations it may feel nece ary keeping in mind the problem_ of the indu tr3, for the relief of unemployment. The minimum wage provided is thirty-five cents (35) per hour, or fourteen dollars ($14.00) per week for un killed worker . und forty-five cents ( 45) per hour or eighteen dollar 18.00) p r week for em i-killed worker . The A.drnini trator may: under exceptional circum tances and upon uch conditions a he may pre scribe, permit the mployment of learn rs at rates below the ba ic minimum. Handicapped workers may also be employed a rat below the ba ic minimum, but only unde r trict regulation. E NOMIC EFFECT OF THE CODE During the } ear 1933 the average number of per on emplo3 eel in th La die Han db a o Indu try wa about twelve thou and (12,000). The ayerage number of hour worked per we k durini::: the year wa ort3 -eight ( 4 ) . By reducing the maximum hours to forty ( 40) emplo n.1ent will probabl. 1 be in r a ed by from twehe ( 12 o ) o fifteen (1 5 o) p re nt, and other thing remaininoequa l, the indu try will probably absorb, as a direct result of th op rati n of the Co le, omewhere between fifteen hundred (1500) and two thou an l (2000) additional employees. Pra tic ally no inf rmation reo-arding arning are a Yailablc. an 1 in con equence no e imate ca n b ma le of th effe t of the minimum wa es her in pro ided. If for n other r a on how Yer, there will L a si onificant incr a b ca u e of the in rea. of m I 1 m n t ab y r f rred to. Total payroll will b~increa ed by at 1 a twelYe (12 -/ ) or fifteen ( 15 ) p rcent. (2)

PAGE 5

FI :ror~G The D eputy Admini trator in hi final report to me on said Code haYing fou n l a h rein t forth and on the ba i of a ll the proceed ing in this matter ; I find that: (a) Said Code is well d esigned to promote the poli cie and pur po e of Title I of the National Indu trial Recovery Act, including r emova l of ob tructions to the free flow of inter tate and foreign com merce which tend to diminis h the -amount thereof and will provide for the general welfare by promoting the organization of indu try for the purpo e of coo perative a tion among the trade gToups, by induc jnff and maintaining united action of labor and management under adequate go YernmentaJ anctions and supen i sion, by eliminating unfai r competitive practices, by promotino the fullest pos ible utilizati n of the I r esent pro luctive capacity of indu tries, by avoiding un lue r e triction of production ( except a may be temporarily r e quired), by increa ing the con umption of industrial and agricultural products throug h increasing purchasing power, by reducing and re lieving unemployment, by improving tandards of lab or, and by otherw i e rehabilitating industry. (b) Said Indu try normally employ not more than 50,000 em ploye e ; and i not lassified by me a a major industry. ( c) The Co le as approved comp lies in all respect with the pertinent provi ion of said Title of a i d Act, including without !imi tating Sub ection (a) of Section 3, Sub ection (a) of S ction 7, and Subsection (b) of Section 10 thereof; and that the applicant as o ciation i s an indu trial a ociation truly repre entative of the afore said Indu try ; and that the aid a oc iation imposes no inequitab le restrictions on admi s ion to member hip therein. ( d) The Code i s not de signed to and will not permit monopolies or monopolisti c practice . ( e) The Code is not d esigned to and will not eliminate mall enterpri es and will not operate to di criminate against them. (f) Those eng a ge d in other step of the e conom i c proce s have not been deprived of the right to be heard prior to approva l o f ai l Code . For these rea s ons the Code has been approved. Res pectfully, HuoH S. JoH :rsoN, Administrator. MARCH 14, 1934.

PAGE 6

CODE OF FAIR COMPETITION FOR THE LADIES' HANDBAG INDUSTRY ARTICLE I-PURPOSES 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 Ladies' Handbag Industry, and shall be the standard of fair competition for such industry and shall be binding upon every member thereof. ARTICLE II-DEFINITIONS 1. The term "industry" as used herein include s the manufacture of ladies', misses', and children's handbags, pocketbooks, and purses, manufactured of any material of any kind or nature. The term "industry" shall not include, however, the manufacture of handbags, pocketbooks, purses and mesh bags manufactured in whole of metal. 2. The term "employee" as used herein includes any 1:,erson engaged in any phase of the industry, in any capacity, receiving compensation for his services, irrespective of the nature or method of payment of such compensation. 3. The term "employer" as u ed herein include anyone for whose benefit or on whose business such an employee is engaged. 4. The term " member of t.he industry " as used herein includes anyone engaged in the industry, either as an employer or on his own behalf and either as manufacturer, manufacturing jobber or contractor. 5. The terms "President", "Act", and "Admini trator" as used herein shall mean respectively the President of the United States, Title I of the National Industrial Reco rery Act, and the Administrator for Industrial Recovery. ARTICLE III-I-IouRs 1. Except as hereinafter provided, no employee hall be permitted to work in excess of forty ( 40) hour::; in any one week, nor in exc s of eight (8) hours in any twenty-four (24) hour period. 2. No per on employed in shipping, clerical, or office work, unle s he is employed in a managerial or executive capacity and earns not less than thirty-five dollars ($35.00) p r week, shall be permitted t work in excess of forty ( 40) hours per week averaged over any on ( 1) month period. 3. The provi ions of this Articl hall not apply to out ide sale s men. 4. Subj ct to the approYul of the Aclmini trator th CoL1e Authority shall clesiLYnate the hour before whi h work hall not begin an l the hour after which work hall not continue. In tl1 li, rretion of (30)

PAGE 7

31 th C cl Anth rit . uch 01 enjnoan l l o in hours need not be uniform thr ughout the countr~ but may b ,-ari l to meet arymg n eed and condition . 5 . No memb r f the indu try hall engage any emp l oyee for any tim which wh n totaled with that already performed with other member or memb r of the indu tr exceed the maximum permitted h ere in. ARTI LE I -WAGE 1. Except a hereinafter prmided, no employee hall be paid at l es than the rate o f thirt}-fi.Ye cent (35) per hour. 2. No e mi-killed employee enrragecl in cutting framing paring, I ock etbook makinoand/or op ratino( except lining operating c menting and/or pa ting) empl oyed in the manufacture of any of the product cove r ed by the provi ion of thi Code made of any m a t eria l other than imitation leather. hall be paid at le than the rate of forty-fiv e ( 45 ) cent per h our.1 3 . The Admini trator may under exceptional circum tance and upon u c h condition a h e may pre cribe permit a member of the indu. try to employ learner at rat below the minimum wage herein establi heel. 4. This Arti l e. t ab li he a minimum ratB of pa which shall apply irre I ectiYe of whether an emp l oyee i compen ated on a piece rate, time rate or other basi . 5 . ubject to r eYiew by the Code Authority and by the Administrator no emplo er hall r educe the w eek l y compen ation for emp l o ment n ow in exce of the minimum w ages e tabli heel herein, not with tanding that the hour worked in uch employment may hereby be reduced. 6. The Admini trator ma3 upon recommendation by the Code Authority and after full stu d and inve tigation b the ode Author ity, and after uch notice and hearing as h e hall pre cribe estab li h a a part of thi Code. u c h ba ic rate for the more killed cla es of emplo3 ee a may b e nece ary to further effectuate the purpo~ e ~ of the ct. 7 . A per on w-ho e working capacity i limited becau e of age or ph3 ical or mental handi ap may be em plo yed at a w-acre below the minimum e tabli bed by thi Code under the followin g con lition : (a) That they hall be paid proportionately no l e than the other employee in the ame fac tory receiYe for imilar work, but in no ca e hall thei r compen ation amount to le than eventy percent (70 ) of the amount require l by the minimum wage pro"Vi ion of thi ode . (b) That the emp l oyer hall at onc e prepare an l transmit to the Code Authority a li t of u c h excepted per on tating name cla s of occupation, w-age rate length of ervice and rea on for exception. Thi. l i t hall be revi eel up-to-date once ea h month and tran mitted to the Code Authoritv. ( c) The proportion of excepte l per on to total employee at any time hall not exceed the proportion of s uch employee on the pay roll during the week of July 15, 1933 . 1 See paragraph 2 ( 1 ) of o rder approving this Code.

PAGE 8

32 ( d) The Co e Authority shall have the right to investigate and di allow any :uch claims for exception subject to review by the dmini trator upon appeal by an employer or employee. ( e) The Code Authority shall report to the Admini trator within three (3) months and from time to time thereafter as to the effect of the operation of this provision, both generally and in cases of individual hard hip. ARTICLE V-GE ERAL L ABOR PROVISIONS 1. No per on under sixwen (16) years of age shall be employed in the industry. 2. Employees shall have the right to organize and bargain co l le ctive ly, through representatives of their own choosing, and hall be free from the interference , restraint, or coercion of employers of labor, or their agent , in the designation of u c h repr sen tatives or in self-organization or in other concerted activities for the purpose o f collective bargaining or other mutual aid or protection. 3. T o employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or as isting a labor organization of his own c hoosing. 4 . Employer hall comply with the maxin1um hours of labor, minimum rates of pay, and other conditions of en1ploy1nent approved or prescribed by the President. 5 . No employer shall reclassify e1nployees or duties or occupations perf armed for the purpose of defeating the provisions of the Act or of this Code . 6. Every employer shall provide for the safety and health of his employee at the place and during the hours of their employ1nent . The Code Authorit hall recommend to the ... dministrutor minimum tandards for the safety and health of employees in this industry which minimum standards, upon the approval of the Admini trator, hall become effective provi ions of this Code. 7. No pronsion in this Code hall supersecl any law within any State which impo~ es more stringent requirements on employers as to age of employ es, wages , hours of work, or a to safety, health, or anitary regulation , or insurance, or fire protection, or general working condition , than are imposed by this Code . . All em1 loyers hall post con1plet e copies of Articl s III, I\ , and Y of thi Code in conspicuous places ace sible to en1ployees . 9. o proYi io n of this Code shall modify e tabli hed practices or privil ges a to vacation periods, leav es of ab en es, or t emporary abs nee from work h ereto fore grant d to offi. employees . 10. No member of the industry shall giYe out work to b e performe l in any home or dwelling place, except that thi prohibition shall not apply to handbeading, handcrochetin, or handembroidering an l except that hand sewing at home hall be permitte 1 until July 1, 19 34, but shall not be permitted ther afte r. The Code Authority shall, in conjunction with such tat ovenunent and such de1 artm nts of t h e F ederal Government and nch other ag ncies a the \.. lministrator may designate stu
PAGE 9

33 dministrator r ecomm ndation for the eil' ti-,e and appropriate control of ... uch homework a i herein permit el. houlcl he Admini trat r fin :l it to the be -t int re t o the inclu try or to the b e t intere tof labor or otherwise nece sary to fur her effec~uate the purpo e of the Act he may further re trict or wholly prohibit, the practi e of homework in thi Indus r . 11. Any per on who hall at any time manufacture any article or articles ubj ect to the provision of thi Code hall be bound bv all the pro,i ion of thi Co de a to all employee engaged in whole or i n part in u ch manufactur . In ca e any employ e hall be engao-ed partly in uch manufacture and partly in he manufacture f good of another character thi ode hall apply to such por ion of such emplo ee time a is applied to the manufacture of articles ubject to the pro,i ion of this Code. 12. o member of the indu try hall give out work on a con r, <'t ba i unle . uch work i given out with a written agre m.ent that the contractor and all other parties to such contract hall comp1y wi h all the pertinen provi ion of this Code . The Code uthority shall draw up a uniform agr ment which shall be u eel wher ver and whenever work i s given out on a contract ba is ,hen uch agreement i approved by the Administrator. AilTICLE VI-An ILIT TRATIOX 1. There hall forthwith be constituted a Code uthority con._i ting of: (a) Ele en (11) represe ntati-ve s of the industry, or uch other number a may be approved from time to time by the Admini trator, t o be elect d as h ereinafter provided. 2 (b) 0110 (1) member, to be appointed by the Admini trator on the nomination of the Labor Ach-i ory Board of tne a.tional Recm-ery Admini tration. ( c) Such additional member , without vot,e, not to exceed three as the dmini trator may appoint to r epre ent such groups or interests or uch governmental agencies and for uch period a he may de i nate. 2. The repre entative of the Indu try hull be se lected in the fol lowing manner : (a) Five ( ~) member hall b ele"ted by the A ociated Handbag I nclu trie of .America, Inc. (b) Two (2) m mbers hall be e lected by the .,..rational ~ ociati • m f La die Handbag )Ianufacturers; ( c Two (2) m embers hall b ~el ecte d by the Indu~trial Council of Leather ood :Ianufu.cturers, Inc. ; (d) One (1) member hall Le elected by he Iidw0~ t Handbag and Small Leather ,, are ocia ion, Inc. ; (e) One (1) member shall be sel cted by the Ladie ' Handba; :Manufacturer of the P.acific 0:1 t. 3 . Each tra le o:r indu trial a ociation directly or indirectly participating in the ~el ection or acfrvitie of the Code Authority hall ( 1 ) impo~e no inequitable re triction on membership and (2) ... ub mit to the Aili iini trator true copies of its articles of a...,sociation, 2 See paragraph 2 (2) of ord r approving this Code.

PAGE 10

34 by-laws, regulations, and any amendment when made thereto, together with such other information as to n1embership, organization, and activities as the Administrator may deem neces sary to effectuate the purpo es of the Act. 4. In order that the Code Authority shall at all times be truly representative of the industry and in other re pects comply with the provisions of the Act, the Administrator may provide suc h hearing:::; as he may deem proper, and may require an appropriate modification in the method of selection of the Code Authority. 5 . Nothing contained in this Code shall constitute the 1nembers of the Code Authority partners for any purpo e . Nor shall any member of the Code Authority be liable in any manner to anyone for anv act of any other member, officer, agent, or employee of the Code Authority. Nor shall any member of the Code Authority be liable to anyone for any action or omi sion to act under the Code, except for his willful mis ea ance or non easa nc e . 6. Members of the Industry shall b e entitled to partic:ipate in and share the benefits of the activities of the Code Authority and to participate in the select i on of the members thereof by assenting to and complying with the requirements of this Code and sustaining their r easo nable hare of the expenses of its administration. Such reason able hare of the expenses of admini tration shall be determined by the Code Authority ubject to review by the Admini trator on the basis of Yolume of bu iness and/or uch other fa tor as may be de e med e quitable. 7. If the A hninistrator shall determine that any action of a co le authority or any agency thereof may be unfair or unjust or contrary to the public intere:::;t, the A lministrator may require that uch action be u pended, to afford an opportunity for investigatio n of the merits of such a ction and further consideration by such code 1:. uthority or agen y pending final action whic h shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed with such action in its original or modified form. 8 . The Code Authority shall have the following further power and dutie-, the exercise of which shall be reported to the Administrator. (a) To insure the execution of the provisions of thi Code and to provide, subject to rules and regulations establis hed by the Ad mini trator, for the compliance of the indu try with the provi ions of the Act: Provided, however, that this hall not be onstrue l to deprive duly authorized governmental agencie of their power to enfor e the provisions of this Code or of the Act. (b) To adopt a con stitution, by-laws and rule an l regulation for its procedure and for the administration and enforcement of this ode and to submit the ame to the Admini trator for his ap proYal, together with true copies of any amendment or addition ,vhen made thereto, minutes of meeting when held, and s u c h other information as to its activities a the Administrator may deem ncce sary to effectuate the purposes of the Act. ( c ) To obtain from members of the indu try uch information an l report as are required for the administration of the ode, and in addition to information required to be submitted to any Code Au-

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33 thority all or any of the per ons ubject to thi Code . hall furnish such ta i tical information a the Admini trator may deem nece sary for the purpo es recited in Section 3 (a) of the Act, to such Federal and State ao-encie as the Administrator may designate; nor shall anything in any code relieve any per on of existing obligation to furni h reports to government agencie . o individual reports shall be di closed to any other member of the industry or any other party except to uch governmental agencies as may be directed by the President. ( d) To use such trade a sociations and other agencies a it deems proper for the carrying out of any of its activities pro-vided for herein and to pay such trade associations and agencies the cost thereof, provided that nothing herein shall relieve the Code Authority of its duties or re ponsibilities under this Code and that such trade a sociations and agencies shall at all times be ubject to and comply with the prmi. ions hereof. ( e) To make recommendations to the Administrator for the coordination of the admini tration of thi Code "ith such other code , if any, as may be related to the Industry. (f) To secure from members of the industry an equitable and proportionate payment of the reasonable expenses of maintaining the Code Authority and its activities. (g) To establish or designate an agency on planning and fair practice which shall cooperate with the Code Authority in developing fair trade practices and indu trial planning, including the regularization and stabilization of employment for the industry. (h) To initiate, consider, and make recommendations for the mod ification or amendment of this Code which shall become effective as a part of this Code when approved by the Administrator after such notice and hearing as he may specify. (i) To recommend provisions for a uniform cost and/or account ing system for each division of the industry which, upon approval by the Ad..111inistrat-0r and after such notice of hearing as shall be pres cribed, shall become a part of this Code. Any member of the indu try shall have the privilege of continuing any cost and/or • accounting system now in u e, or of instituting any co t and/or accounting system nitable and adapted to his particular needs, provided that the sellii--i.g price arrived at by the u e of any such sy. tern shall not be less than the cost of that particular article which would be arrived at by the use of the uniform co t and/or accounting system reconunended by the Code Authority and approved by the Administrator. Any such system approved by the Administrator shall involve only such elements of cost as may be reasonably necessary to a sist in the ad.mini tration and enforcement of this Code. (j) To undertake, in conjunction ith the Code Authorities of related indu tries, an inve tigation of style piracy and to recommend to the Administrator, within a reasonable period of time, appropriate means for the re ulation and control of style piracy, which r commendations, upon the approval of the Administrator and after such notice and hearings as he may prescribe, shall become effective provis:on of this Code.

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36 RTl LE YII-~ TRA LABEL 1. 11 merchancli e manufactured ubject to the provi ion of thi Code hall bear an N"R... label, or authorize l substitute therefor, to symbolize to pur cha e r of aid rnerchandi e the condition under whi h it ha be n manufactured. 2. Lncler the power Ye tecl in th Adrnini trator by Executi ve Orde r of October 14 1933, and under o-rant of the nece ary authority by him the Code Authority hall haYe the exclu ive right of thi in lu try to i ue an 1 ell ail label to the member thereof. 3 . Each label hall ear a regi tration number espe iall a igned t o each membel' of the indu try b the Code Authority and shall r emain atta he ' 1 to all u ch m rchandi e when old to the r etail di tributor. 4. Any and all member ~ f the indu try ma3 apply to the o le A uthorit3 for a l ermit to l ur ha e and u e u c h .rTRA label s which permit hall be o-ranted to th m. but onl if and o lon a they comply with thi Code. The Cod uthority hall not refu e the i uanc of label s to any member of the indu tr on the ground of n o n compliance unle ail ode uthorit3 is, at the time of th refu al prepared to c rtify to the Admini trator n, prima facie ca e of noncompliance ,Tith thi Code , or with alid rule and regulations of the Code Authori( by the m em b e r of the industry. In the eYent the ocle Authority o refu e the i uance of said label , a complete fil e howing the alleged noncomp liance b such member of the indu try hall be cer tifi ed not later than the day following said refu al to the Admini trator for action by the ational Compliance Director, or b3 u ch goYernmental or admin.i. trative agency a the Admini trator ma direct. 5 . Subject to the apr roYa l of the Administrator, the Code Authorit shall e tabli h rule and reo-ulation and appropriate machiner3 for the i uance and ale of label s and the in pection examination and uperYi i o n of the practice of member of the indu tr u u inouch lab e l for the purpo e of a certaining the right of uch member of the in lu tr to the continued u e of aid label ; or protecting pur ha e r s in ref ing on aid lab 1 ; an l of in urin; • to each indiYidu a l m e mber of the indu tr that the ymb li m 0 aid labe l will b e maintaine l by irtue of compliance with the pro vi . ion of thi Code b. ull othe r m ember of the indu try u in o said label. 6. The charo-e mad for u h label by the Code Authority hall at all time be ubject to upen i ion and order of the Acbnini trator and hall be not more than an amount nece ary to cover the a ctual rea onable co t thereof includinoactual printing, di tribution admini tration and superri ion of the u e thereof a hereinabove et forth. 7. The application of th proYi ion of thi Arti le hall at all time be ubject to rule and regulation i ued by the A lmini ~trator in respect thereto.

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7 AnTICLE YIII-Tn.rnE Pn TIC E R eLES 1. To memb-.r f the inllu try shall publi h adv rti ing (whether prin "1, 1, lio di play r of an} other nature), which i mi l eading r i rnct:nrute in any material particular, nor shall any member, in any ,,my mi repre ent an 7 aoods (including but "-ithout limitation it use trad -mark/4 grade, quality, quantity, o rigin size, sub tance, character, n , ture, hni h, mat rial content or preparation) or credit term valu policie service , or the nature or form of th bu ine s c nducted. 2. .,.. o member of the industry shall use selling m0thods or credit term which tend to decei-ve or mi l ead the customer or pro pective customer . 3. Jo member of the industry shall withhold from or in ert in any quotation or invoice any statement that makes it inaccurate in any ma{ rial particular. 4. No memb r of the indu try hall brand or mark or pac k any goods in any manner which is intended to or does deceive or m.i lead pur ha ers with re pect to the brand, grad , quality, quantity, origin, ize ubstan e character, nature, fini h, 1naterial content or preparation of uch goods. 5. No member of the industry hall publish advertising which refer inaccurately in any mat rial particular to any competitors or their goods, prices, -values, credit tern'lS, policies or services . 6. Jo member of the indu try shall publi h or circularize unjusti fi d or un arranted threats of legal proceedings which tend to harass or haYe the effect of hara sing competitor or intimidating their cu tomers. 7 . .r o member of the inclu try hall give, or permit to be given any secret payment or allowance of rebate, refund, commi ion, credit, or unearned di count, whether in the form of money or otherwise, or the secret extension to ecret purchasers of special e rvices or priYile;e not extended to all purchaser on like terms an 1 conditions. 8 . No member of the in lu try shall hip commodities on con ignment or memorandum. 9 . r o member of the industrl shall D"ive, permit to be given, or directl} offer to giYe anything o value for the purpose of influencing or r ,,arding the action of any employee, agent, or representative of another in relation to the bu ines of the employer of uch employee, the principal of uch agent, or the repre ented party without the knowledge of uch employer, principal or party. Commercial bribery pro,i ions hall not be con trued to prohibit free and general distribution of article commonly used for advertising except so far a uch article ar actuall u ed for conunercial bribery as herein abo,e defined. 10. No member of the indu.try hall attempt to induce the breach of an existing contract b0tween a ompetitor and hi customer or source of . npply; nor shall any member of the ind 1stry interf re with or b ~ truct the performance of such contractual duties or ~ erv1ce .

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38 11. l\ o member f the inlln ~try E:ihall grant ca h di count in exc.es of 3 1 10 E.0.~L anti ipa ion may b allo,,ell at the rate of ix per cent ( 61/c ) per annum. 12. To member of the indu -try hall pay, lirectly or indirectly, any part of the adYerti ing expen e of a purcha er, pro pectiye purcha. er or their agent . 13. ~To member f the indu try hall accept the return of any 111 rchan lise hippe l to a purcha er, nor allow credit therefor nor ex change merchandi e, after the mer handi e ha . been in the po se ion of the purcha er for more than even (7) day , where the agreem ent of ale ha been fully performed by uch m ember. 14 . ..1.. o member of th in lu tr3 hall ell any merchandi e ubject to the pro,i ion of thi Code at a price below his own individual cost a computed by the uniform co t y . t ern provi led in Articl YI: ection 8 (i) of thi Code when a ppr ,el by the Admini trator; pro,ided, how eYer that a member of th industry may ~ ell at a price below his own indiYidual cost in or ler to meet the competition of another memb e r who i not him elf ellino nt a pri e helow hi own indi,iclual co t computed on a like ba ~ i . Thi rule sha ll not a11 l r to bona fide ea anal clearan e ale nor to the ale of im p erfect or actually clarnagell or di tre el m e r handi e ubj ect to the approyal of the dmini 'trator the Cod ~ A11thority 11uy e0-tablj h r egu lation to govern uch ale . 15 ..... r o m e mber of the indu try hall cli, po of cli tre eel mer cLan 1i e except upon I rior notice to the Code Authority. along "ith such information a the Cod Authority and the Ac1mini trator may pre cribe. General fall om1 etitiYe item hall n t be old a di tre el m erchandi e prior to December 26. oeneral prin
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39 AnTicLE X-liioN roLrn, , ETc. No proYi . ion of thi ocl hall b o applied a to permit mono1 o lie or m 1101 oli. ti practice , or to eliminat oppress, or li criminate again t small enterpri es. ARTICLE XI-PruoE IN REA, ES Wherea the policy of the Act to increa e real purchasing power will be ma le im1 o sible of consummation if prices of goods and ervices incr a e a rapidly as wages, it i recognized that I rice in rea hould be delayed. But when made such increases should, o far as po sible, be limi-te l to actual increases in the seller's costs . ARTICLE XII-EFFECTIVE DATE This ode shall become effective on the second Monday after approYal by the President. Approved Code o. 332. Regi try ~o. ~36-1-01. 0

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UNIVERSITY OF FLORIDA ll l II llllll lll Ill lllll lllll II IIIIII II llll llll llllll II lllll llll I I 3 1262 08486 8032