Citation
Code of fair competition for the hair cloth manufacturing industry

Material Information

Title:
Code of fair competition for the hair cloth manufacturing industry as approved on December 15, 1933 by President Roosevelt
Added title page title:
National Recovery Administration
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
119-128 p. : ; 23 cm.

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

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code no. 157".
General Note:
"Registry no. 299-2-18".

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:
004851589 ( ALEPH )
31960643 ( OCLC )

Full Text

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


Registry No. 299--2--18


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION
FOR THE


HAIR CLOTH


1. Executive
2. Letter of
8. Code


Order
Transmittal


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHIINGTON : 1933


UNIVERSITY OF FLORIDA


3 1262 08486 7653
raypaureu teae rio. 157


MANUFACTURING INDUSTRY

AS APPROVED ON DECEMBER 15, 1933
BT
PRESIDENT ROOSEVELT


























This publication is for sale by te Super-intendent of Doe~nments, Governmaent
Printing -Of~e, Washgin~gton D.CL, am ~by district orffices of the Rareemu of
Foreign and Domestic Commerce.
DISTRICT OUFFICEB OF THE DPEPAETM#ENT OF COMMECE

Atlanta, Ga.: 504 Post Office Buildinga.
Birmuingham, Ala~.: 257 Fedecal Building.
Boston, M~ass. : 1801 Custombouse.
Bu~fflo, N~.Y,: Chamber of Commerce Building.
Charleston, S.C.: C'hamber of Commerce Building.
Chic~ago, Ill.: Suite 1706, 201 North'Wells Street.
Clevecland, Ohio: Chamber of Commerce..
Dallals, Tex.: Chamber of Comnmer~ce Building.
Detroit, M\ich.: 2213 First 'a~tional Banki Building.
Houston, Tex.: Chamber of Camijne~rce Building.
Indlinuapolis, Ind.: Champber of Comn-merce Building.
Jackbsonville, Fla.: Chamtber .f Comm~erce Building.
Kiansas C'ity, M1o.: 1028 Bal~timore Avenue.
Los Ang~eles, Calif.: 1163 Sourth Eroadw~ay.
Louisville, Kiy.: 408 Federal Enikli~ng.
Mlemphis, Tenn.: 229 Federal Buildling..
Mlinneapolis, Muinl.: 213 Fedlerl Building.
New O~rleans, La.: Room 225-A, Customhouse.
'ew York2, N.Y.; 7 34 Customhouse.
Norfolk, Va.: 400 East Plume Street.
Philadelphin, Pa.: 033 Comimercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.; 215i New Post Office Building.
St., Louis, Mro.: 506 Olive Street.
San Fraurisco, Calif.: 310 Custom;,ouse.
Seattle, Wash.: 800 Federal Building.














Approved Code No. 157

CODE OF FAIR COMPETITION
FOR THE

HAIR CLOTH MANUFACTURING INDUSTRY

As Approved on December 15, 1933
BY

PRESIDENT ROOSEVELT






Executive Order

An application having been duly made, pursuant to and in full
compliance with the provisions of title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the Hair Cloth Manufacturing Industry,
and hearings having been held thereon and the Administrator having
rendered his report containing an analysis of the said code of fair
competition, together with his recommendations and findings with
respect thereto, and the Administrator having found that the said
code of fair competition complies in all respects with the pertinent
provisions of title I of said act and that thle requirements of clauses
(1) and (2) of subsection (a) of section 3 of t~he said act have been
met :
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by title I of
the N~ational Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the Administrator and do order that the said code of fair
competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
Huan S. JOHNSON,
Administrator.
THE VHTTE HOUSE,
December 15, 1933.


26707* 244--157 33


(119)














DECEMrBER 1, 1.938.
The PRESIDENT,
The Wthite House.
INTR~ODUCTION

SmR: This is a report on the hearing of the Code of Fair Comn-
pet~ition for the Hair Cloth Manufacturing Industry.
The hearing was conducted in accordance with the provisions
of the Nationa Industrial Recovery Act in the North Room of the
M~ayflower Hotel in W;ashington, D.C., on November 17T, 1933.
Every person who filed a request for an appearance was freely heard
in public and all statutory and regulatory requirements were comn-
pliedi with.
The Code which is attached was presented by duly qualified and
authorized representatives of the above industry, complying with
the statutory requirements, as representing 931,r percPent of the
indust ry.
ElTDENCE SUBMITTED

The industry consists of eleven concerns, wrho, with the exception
of one small plant, are members of the Association. The industry
has invested capital of around two million dollars and in normal
years has a sales volume of about four million dollars. It is esti-
mated that the sales volm~le for 1933 will be about one million dol-
lars. There are approximately 400 employees in the industry. The
increase in the number of employees since July 1, 19;33, has been
about 10 percent and the increase in wages about 20 percent.

nisund oF PROVISIONS OF THE CODE

The Code provides for a minimum wage of $17.00 per week for
forty hours of labor. Shipping, receiving, storeroom employees,
firemen, and engineers are permitted to work forty-four hours per
week. )Employees on emergency maintenance or repair work will
be paid one and one third times the normal rate for hours wvorkred
over forty-four per weekr.
Watchmen are to be employed in pairs to work 36 and 48 hours
on alternate weeks, giving them an average week of forty-two hours.
Provisions have been made to prevent stretch-outs, reclassification
of employees, and the reduction of wages for the shorter week.
Prodluctive mnachinery in the indunst~ry is limited to one shift of
forty hours per weekr.
FINDINGS
I find that:
(a) The. Code complies in all respects with the pertinent provi-
sions of Title I of the National Industrial Recovery Act., including
(120)







121


without limitation subsection (a) of Section 7 andc suibsection (b>) of
Section 10 thereof.
(b) The Hair Cloth M~Zanufacturers Association is truly represen-
tative of the Hair Cloth Manufacturing Indlustry. The By-Laws of
this association provide no inequitable restrictions to membership.
(c) The Code is not designed to permit monopolies or to eliminate
or oppress small enterprises, and will not operate to discriminate
against them and will tend to effectuate the policy of Title I of the
National Industrial Recovery Act'.
Accordingly! I hereby recommend t~he approval of the Code of
Fair Competition for the Hair Cloth Mlanufacturing Industry.
Respectfully submitted,
Hano S. JOHNSON,
Ad'raisis~trator.















FOR THE

HAIR CLOTH MANUFACTURING 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 Hair Cloth Manufacturing I~ndustry, and
shall be the standard of fair competition for such industry and shall
be binding upon every member thereof.

ARTICLE II--DEFINITIONS

The termn "L industry "' as used herein includes the manufacturing
of hanir-cloth products and the sale thereof by the manufacturer and
such~ branches thereof as may from time to time be included under
the provisions of this Ciode.
The term Hair Cloth Products as used her~ein includes all fab-
ries woven with horse hair.
The term Employee as used herein includes anyone enbgaged
in the industry in anyI capacity receiving compensationfohi
services, irrespectiv-e of thle nature or method of payment of such
comnpensat ion.
The term employer as used herein includes anyone by whom
any such employee is compensated or employed.
The term member of the industry as used herein includes any-
one en~gaged in the industry as abo\ve defined, either as an employer
or on his own beh~alf.
Thle terms President ", "LAct ", and Administrator as used
herein shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator of
Title I of said Act..

ARTICLE III-HocUs

1. No employee shall be permitted to work; in excess of forty (40)
hours in any one week or eight (8) hours in any twenty-four (24)
hour period unless otherwise specified herein.
2. The maximum hours fixed in the foregoingr section shall not
apply to:
(a) Executives, office employees, supervisory staff, and outside
salesmen who receive $35.00 p~er week or more.
(122)


CODE OF FAIR COMPETITION







123


(b) Shipping, receiving, storeroomi employees, firemen, and engi-
neers who shall not work inl excess of forty-four (44)~ hours per
week.
(c) Employees on emergency ma~inte~an~e or breakdown or repair
work and protection of life and property. In any such special case,
a tolerance of 10%o shall be allowed. Any hours work~~ed in excess
of forty-four (44) hours per week shall be paid for at the rate of
time and one third, and reported to the Code Author~ity every month.
(d) WVatchmen shall be employed in pairs and shall not w-orke more
thian thirty-six (36) and fortyv-eight (484) hours on alternate weeks,
or an average of forty-twfo (42) hours per week.
3. The maximum hours of labor for otlice employees receiving
less than $35.00 per week shanll be an average of forty (410) hours
per week over a six (6) week period but inl no weekr during such
period more than forty-eight (418) hours.
4. No employee shall be permitted to work for a total number of
hours in excess of the number of hours prescribed for each week
and day, whether employed by one or more employers.
5. Employers of this industry shall not operate productive ma-
chinery for mor~e than one shift of forty (40) hours pErl week.
ARTICLE ZT Y- VAES

1. No employee shall be paid at less than the rate of $17.00) per
week for forty (40) hours of work.
2. No employee shall receive for forty (40) hours of labor less
compensation than he! received or would have received as of July 1,
1933, for not exceeding fifty-four (54) hours per weekr.
3. Apprentices and learners for a period not to exceed three (r3)
months shall be paid at the rate of not. less than 80% of the mnini-
mum wage hereini provided. The, total number of apprentices and
learners employed by any employer of the industry shall not exceed
5%/ of the total number of employees employedl by such member.
4. This article establishies a miinimum rante of pay, regar~dlesis of
whether an emnployree is compensated on a time-ra~te, p~iecework, or
other basis.
5. Female emiployees performing substantially the samne wTork as
male employees shall receive the same rates of pay as ma~le employee.
AnnOCLE V-TGENERAL L-~son Pnonsions

1. No person under sixteen (16) years of age shall be emiployed.
in the industry, nor anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimental to
health. The Code Authority shall submit to thle Administrator be-
fore January~ 1, 1934, a list of such occupations which~, upon his
approval, shall be deemed hazardous in nature or detrimental to
health within the meaning of this section. Inl any State on em-
ployer shall be deemed to have complied with the nge provision
if he shall have on file a certificate or permit duly issued by the
authority in such State empowered to issue employment or age cer-
tificates or permits, showing that thie empDloy~ee is of the required age.







124


2. Employees shall have the right to organize and bargain col-
lectiv~ly~ through represenltatives of their own choosing, and shall
be free from the interference or restraint, coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a. condition of employment to join any company union or to re-
frain from joining, orgamizmg, or assisting a labor organization of
his own choosing.
4. Employers shall. comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
5. WFithin each State this Code shall not supersede any laws of
such St~ate imposing more stringent requirements on employers regu-
lating the ages of employees, wages, hours of work, or health, fire,
or general workiing conditions under this Code.
6. Emp~loyers shall not reclassify employees or duties of occupa;-
tions performed by employees so as to defeatt the purposes of the Act.
7. To prevent any improper speeding up of work (stretch-outs),
no emp~loyee in the industry shall be required to do any work in
excess of the practice as t~o the class of workl of such employee
prev-ailing on July 1, 1933, unless such incream ;s submitted to and
approved by the Administrator.
8. No member of the industry may knowingly employ as a learner
or apprentice any employee who has previously been employed in
anly plant in this industry as a learner or apprentice for more than
three (3) months. In case a learner or apprentice has not completed
the three (3) months learning period, he may be employed as a
learners or apprentice by any other employer for the balance of the
learning period.
9. Each employer shall post in conspicuous places on his premises
full copies of this Code.
ARTICLE VI--ADMINISTRATION
To further effectuate the policies of tche Act, a Code Authority is
hereby constituted to cooperate with the Administrator inl the ad-
ministration of this Code.
1. Organizationl of Code Authority.--(a) The Code Authority
shall consist of three (3) individuals, selected by the members of the
Industry, mn accordance with a fair method of selection, approved
by the Administrator, and not more than three (3) additional mem-
bers without vote (and without expense to the Industry) to repre-
sent the Admrinistrator or such groups or interests as may be agreed
u pon.
(b) Each trade or industrial association directly or indirectly
participating in thle selection or activities of the Code Authority
shall : (1) Impose no inequitable restriction on membership, and (2)
submit to the Adlministr~ator true copies of its articles of association,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other infor~mation aIs to mlembership, organization,
and activities as the Adlministr~ator m:1y dleem necessary to effectuate
the purposes of thle Act.







125


(c) Iri order that the Code Authority shall at all times be truly
representative of the industryv and in other respects comply with~ the
provisions of the Act, the Administrator may provided such hearings
as he may deem proper; and thereafter if he shall findl that the Code
Authority is not trulyr representative or doe-s not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Auuthority.
2. The Code Authority shall have! the following du~ties and powers
to the extent permitted by the Act, subjcct to thle right of the Admin-
istrator on review- to disapprove any action taken by the Code
Authority.
(a) To administer and assist in the enforcement of this Code.
(b) To interpret the provisions of thiis Code and issue such rules
and regulations as may be necessary for the proper administration
of the provisions of this Code.
(c) To cooperate with the Admiinistrator as a Planning aind Fair
Practice Agency.
(d) To cooperate w-ith the Administrator in manking investigations
as to the functioning and obsevance of any provi;sions of th~is Code,
at its own instance or onl complaint byr any person affected, and to
report the same to the Administrator.
(e) To receive and adjust complaints of the alleged violation of
any of the provisions of this Code.
(~f) To receive from members of the industry, at such times as
may be prescribed, statistics covering number of employees, wag
rateks, employee enrrni~gs, hours of workr, andi such other dnto as
may be required by t.he Administrator.
(g) To obtain fromt thie members of the Industry such oth~e -tal-
tistics and~datal as may be necessary for the proper adminisiitration
of this Code, whichl information is to be collected by\ an imipartial
agent, acting in a judiciary capacity, writh~ full protection to eachz
member as to the confidential nature of the material collectedl.
3. Any interested party shall have the right of appeal to the Ad-
ministrat~or, under such rules and regulations as he mary prescribe,
in respect to any rule, regulation, or other course of action issued
or taken byg the Code Authority.
4. Members of thle Industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting- to
and complying w~ith the requirements of this Code and sustaining
their reasonable share of the expenses of its administrationn. The
reasonable share of the expenses of adlministration shall be de-
termined by the Ciode Authority, subject to rev~iew b'y the Admlin-
istrator, on t~he basis of volume of business and/or such other factors
as may be deemed equitable to be taken into considterationi.
'5. In addition to the information required to b~e submitted to the
Code Authorityv, there shall be furnished to government agencies
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of th~e Act.
ARTICLE VII--TRADE PRACTICES
1. Every employer shall use a cost-necounting system which com-
forms t~o the principles of and is at least as detailed and complete







126


as the uniforml andc standard method of cost accounting to be pre-:
scribed by the Code Authority and approved by the'Administrator.
Such cost-accounting~ sylstemn shall include as items of cost all direct
expenses for labor and materials and a proper allowance for over-
headl figuredl according to plant. utilization in t~he production of
products covered by thlis C~ode.
9. No member of the Industry shall sell or exchange any product
of the Industry at a price lower than his cost determined In accord-
ance with a umiforml and standard method of costing to be adopted
by the Association and approved by the Administrator.
3. Members of this Industry shall file with the Code Authority a
schedule of prices, terms, discounts, and conditions of sale for the
products of the industry within thirty (30) days after the effective
date of the Code. Such price lists may be revised only upon ~fie
(5) days' notice to the Code Authority. The Code Authority shall
immediately send copies of all price lists so filed to all members of
the Industry.
4. Illemnbers of the Indlustry shall not sell their products at other
prices or on other terms or conditions than set forth in their own
price list. W\1hen anymmeofheIdsrresshipiclst
any othe mbe r member of thie Industrymy revises his price list acod
ingly, to become effective on the same date as the revised price list
first filed. Nothing in this paragraph shall be interpreted to permit
the promulgation of list prices or the sale of goods at a price below
the cost of production of the member of the industry issuing the list
as provided in paragraphs one and two of this article.
5. Obsolete merchandise and merchandise that must be sold in
emnergencies may be sold at other than the price list o~r cost of the
member of the Industry, with the approval of the Code Authority.
ARTICLE VIII--ExISTICo CloMTRncTS

Where the cost of executing contracts entered into by this In-
dustry prior to June 16, 1933, is increased by the application of the
provisions of the National Industrial Recovery Act, it is equitable
and promlotive of the purposes of the Act that appropriate adjust-
ments of such contracts to reflect such increased cost be arrived at
by arbit~ral proceedings or othler~isc?, and the Code Auithority is
conetit~uted the agency. to assist in effecting such adj ustment.
AnRICLE I1C-UNiFORT TC~IDE PRACTIICES

The following practices constitute unfair methiods of competition
for members of the Industry and are prohibited:
1. The false marking or branding of any product of the industry
which has the tendency to mislead or deceive customers or prospec-
tive customers, whether as to the grade, quality, quantity, substance, i
character, nature, origin, size, finish, or preparation of any product
of the industry, or otherwise.
2. The makinga or causing or knrowingaly permittingr to be made or
published any false, materially inaccurate, or deceptive statement by
way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, cha ract'er, natuire origin, size, finish, or I







127


preparation of any product of thle industry, orte ic~t~redo ohittrse, l
ns, pli~cies, or services of any member of thinutyorohrie
haymg the tendency or capacity to mislead or dleceive customners or
prospective customers.
3. Directly or ind~irctly to give or permit. to be given, or ofeir to
I give, money or anyvthinga of value to agents, employees, or represe~nta-
tives of customers or prospective customers, or to aSenrts, employees,
or representatives of competitors' customers or prospective customers,
without the knowledge of their employers or principals, as an induce-
ment to influence their employers or principals toffr purchs to inlcn
tract to purchase from the makers of such giforoeroroinune
such employers or principals to refrain from dealing or contracting
to deal with competitors.
4. Mlaliciou-sly inducing or attempting to induce? th~e. breach of
an existing oral or written contract between a competitor and his
customIers or source of supply, or interfering with or obstructing
the performance of any such contractual duties or services.
; 5. No member of the industry shall secretly offer or otherwise
makle any payment or allowance of a rebate, refund, commission,
Credit, unearned discount, or excess allowance, whether in the form
of money or othlerwise, nor shall a. member secretly, or otherwise
extend to any customer any special service or. 1rivilegre not extended
to all customers of the same class. This provision shall not bel inter-
pated to prohibit the adjustment of legitimate claims.
6. The offering or giving of prizes, premiums, or gifts in connec-
tion with the sale of products, or as an inducement thereto, by anly
scheme which involves lottery, misrepresentations, or fr~aud.
7. Thle defamation of competitors by falsely imlputing to them
dishonorable conduct, inability to performl contracts, questionable
credit standing, or by other false representations or by the false
disparagemlent of the grade or quality of their goods.
8. The imitation of trade m~arks, trade names, slogans, dlesigns,~
styles, brands, or other marks of identification of competitors having
the tendency and capacity to deceive purchasers or prospective pur-
chasers.
9. Canceling in whole or in part, or per~mitting the cancellation
in whole or1 mn part, of any contract of sales of any product,? except
for a fair, pionsideration.
10. Making or giving to any purchaser of any product any guar-~
anty or protection in any form against decline in the m-Larket price
of such product.
11. Stating in the invoice of any product as thice ate thereof a date
later than the date of t~he shipment of such product, or' inlcluding mn
any invoice any product shipped on a date earlier thian the date of
such invoice.
12. Making any sale or contract. of sale of any product under any
description which does not fully describe such product in terms cus-
tomanrily used in the Industry.
13. Rendering to any pur~chaser of any product in or in connee-
tion with the sale of such product any service, unless fair compensa-
tion for such service shall be paid by such purchaser.
14. Shipping products on consignment, except insofar as it is neces-
sar~y to complete arrangements existing as of the effective date of the







128 ~

Code, which arrangement shall be reported in writing to the God~:~;
Authority. No member of the Industry shall deliver the pr~oductM'-
thereof on consignment except to an aflihated company of such mem-l'
ber. An affiliated company shall mean a company in which a menWrji ::
ber of the Industry has a voting control through the record or equi.
table title of the voting stock thereof, or has control of such coni.
panyv m any other manner.
15. The making of false statements or reports, written or oral, re~
quired pursuant to any of the provisions of this Code or any resoiltd~-
tion duly adopted by the Code Authority.
ARTCLE X MODIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-:
sions of subsection (b) of Section 10 of the National Indust~rish~:'l
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I: of said
Act, and specifically, but without limitation, to the right of the:
President to cancel or modify his approval of this Code or any con-
ditions imposed by him upon his approval thereof.
2. After due notice and hearing this Code, except as to provisions
required by the Act, may be modified on the basis of experience or;
changes in circumstances; such modifications shall be based on the
recommendation of the Code Authority or of any interested party
or group or on the Administrator's own initiative and shall become~~i
effective on approval by the President. ";l

ARTICLE XI-MONOoPOSI ES, E-r

No provisions of this Code shall be so applied as to permit mono~"l:
olies or monopolistic practices, or to eliminate, oppress, or discrims.J
nate against small enterprises.
ARTICLE XII--EFFECTIVE DATE

This Code shall become effective on the second Monday after thl~b
date of its approval by the President.
AipnproaS Code Na''157.
a egistry No. 299-218.
O




Full Text

PAGE 1

lillfllillli 111111111 3 1262 08486 7653 \..JOOe .N 0. fa7 Registry No . 299-218 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE HAIR CLOTH MANUFACTURING INDUSTRY AS APPROVED ON DECEMBER 15, 1933 BY PRESIDENT ROOSEVELT • 1. Executive Order 2. Letter of Transmittal 3. Code UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, WasA.ington, D.C. -Price 5 ccn ts :

PAGE 2

This JlUb1ication is for sale by tne Superintendent of Documents, Government Printing . Office, Washington., D.C., and by {)is.trict offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF C Ol\IMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, . Ala. : 257 Federal Building. Boston, i\Iass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North• Wells Street. CleYeland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Comme rce Building. Detroit, .1\fich.: 2213 First National Bank Building. Houston. Tex. : Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jack omille, Fla.: Chamber of Commerce Building. Kan as City, l\Io. : 10 28 Balt:imore AYenue. Los Angele , Calif. : 1163 South Broadway. LouisYillc, Ky.: 408 Federal Building. Memphis, Tenn.: 229 F ederal Building. Minneapolis, l\Iinn . : 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 40G East Plume Street. Philadelphia, Pa.: 933 Commercial Trust Building. Pittsburgh, Pa. : Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, l\Io.: 50G OliYe Street. San Franci Calif. : 310 C u stom Seattle, Wash. : 809 Federal Building.

PAGE 3

Approved Code No. 157 CODE OF FAIR COMPETITION FOR THE HAIR CLOTH MANUFACTURING INDUSTRY As Approved on December 15, 1933 BY PRESIDENT ROOSEVELT Executive Order An application having been duly made, pursuant to and in full compliance with the provis ion s of title I of the N atio.nal Industrial Recovery Act, approved June 16, 1933, for my approval of a Code of Fair Competition for the Hair Cloth• Manufacturing Industry, and hearings having been held thereon and the Administrator having rendered his report containing an analysis of the said code of fair competition, together with his recommendations and findings with re pect thereto, and the Administrator having found that the said code of fair competition complies in all respects with the pertinent provisions of title I of said act and that the requirements of clauses (1) and (2) of subsection (a) of section 3 of the said act have been met: NO\V, THEREFORE, I , Franklin D. Roosevelt, President of the United States, pursuant to the authority vested in me by title I of the National Indu trial Recovery Act, approved June 16, 1933, and otherwise do adopt and approve the report, recommendations, and findinO's of the Administrator and do order that the said code of fair competition be and it is hereby approved. FRANKLIN D. ROOSEVELT. Approval recommended : Huarr S. JoHNSON, AdministTCntor. THE \VHITE HousE December 15, 19 3 3. 2 G 707 •----244-1G7----33 (119)

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-DECEMBER 1, 1933. The PRESIDENT, The White Hous e . INTRODUCTION SIR: This is a report on the hearing of the Code of Fair Competition for the Hair Cloth Manufacturing Industry. The hearing was conducted in accordance with the provisions of the National Industrial Recovery Act in the North Room of the Mayflower Hotel in Washington, D.C., on November 17, 1933. Every person who filed a request for an appearance was freely heard in public and all statutory and regulatory requirements were complied with. The Code which is attached was presented by duly qualified and authorized representatives of the above industry, complying with the statutory requirements, as representing 931;2 perCP.nt of the industry. EVIDENCE SUBMITTED The industry consists of eleven concerns, who, with the exception of one small plant, are 1nembers of the Association. The industry has invested capital of around two million dollars and in normal years has a sales volume of about four million dollars. It is estimated that the sales volun;e for 1933 will be about one million dol lars. There are approximately 400 employees in the industry. The increase in the number of employees since July 1, 1933, has been about 10 percent and the increase in wages about 20 percent. RESU1\1E OF PROVISIONS OF THE CODE The Code provides for a miniinum wage of $17.00 per week for forty hours of labor. Shipping, receiving, storeromn employees, firement.-:.and engineers are permitted to work forty-four hours per week. ..t!.imployees on emergency maintenance or repair work will be paid one and one third times the normal rate for hours worked over forty-four per week. TVatchmen are to be employed in pairs to work 36 and 48 hours on alternate weeks, giving them an average week of forty-two hours. Provisions have been made to prevent stretch-outs, recla ification of employees, and the reduction of wages for the shorter week. Productive machinery in the indu try is limited to one shift of forty hours per week. FINDINGS I find that: (a) The Code complies in all respects with the pertinent provisions of Title I of the National Indu trial RecoYery Act, including (120)

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121 without limitation subsection (a) of Section 7 and subsection ( b ) o f Section 10 thereof. (b) The Hair Cloth Manufacturers Association is truly representative of the Hair Cloth Manufacturing Industry. The By-Laws of this association provide no inequitab le restrictions to membership. (c) The Code is not designed to per1nit monopolies or to eliminate or oppress small enterprises, and will not operate to discriminate against them and will tend to effectuate the policy of Title I of the National Industrial Recovery Act. Accordingly, I hereby recommend the approval of the Code of Fair Competition for the Hair Cloth :Manufacturing Industry. Respectfully submitted, HuGHS. JoHNs oN , Administrator.

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CODE OF FAIR COMPETITION FOR THE HAIR CLOTH MANUFACTURING 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 Hair Cloth Industry, and shall be the standard of fair competition for such industry and shall be binding upon every member thereof. ARTICLE II-DEFINITIONS The term "industry" as used herein includes the manufacturing of hair-cloth products and the sa l e thereof by the manufacturer and such branches thereof as may from time to time be included under the provisions of this Code. The tenn "Hair Cloth Products" as us ed herein includes all fabrics woven with horse hair. The term "Employee" as used h erei n includes anyone engaged in the industry in any capacity receiving compensation for his services, irrespective of the nature or method of payment of such compensation. The term "employer" as u sed herein includes anyone by whom any such employee is compensated or employed . The term "member of the industry" as used herein includes anyone engaged in the industry as abnve defined, either as an employer or on his own behalf. The terms "President", "Act", and "Administrator" as used herein shall mean respectively the President of the United States, the National Industrial Recovery Act, and the Administrator of Title I of said Act. ARTICLE III-HouRs 1. No employee shall be permitted to work in excess of forty (40) hours in any one week or eight (8) hours in any twenty-four (24) hour period unless otherwise specified herein. 2. The maximum hours fixed in the foregoing section shall not apply to: (a) Executives, office employee , supervisory staff, and outside salesmen who receive $35.00 per week or more. (122)

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123 (b) Shipping, receiving, storeroom employees, firemen, and engi neers who shall not work in excess of forty-four ( 44) hours per week. (c) Employees o n emergency maintenance or breakdown or repair work and protection of life and property. In any such special case, a tolerance of 10% shall be a.llowad. Any hours worked in excess of forty-four ( 44) hours per week shall be paid for at the rate of time and one third, and reporte d to the Code Authority every month. (d) Watchmen shall be employed in pairs and shall not work more than thirty -six ( 36) and forty -eight ( 48) hours on alternate weeks, or an average of forty-two ( 42) hours per week. 3. The maximum_ hours of labor for office employees receiving less than $35 .00 per week shall be an average of forty ( 40) hours per week over a six ( 6) week period but in no week during such period more than forty -eight ( 48) hours. 4. No employee shall be permitted to work for a total number of hours in excess of the number of hours nrescribed for each week and day, whether employed by one or more employers. 5. Employers of this industry shall not operate productive machinery for more than one shift of forty ( 40) hours per week. ARTICLE rv--vv AGEs 1. No employee shall be paid at less than the rate of $17.00 per week for forty ( 40) hours of work. 2. No employee shall receive for forty ( 40) hours of labor less compensation than he received or would have received as of July 1, 1933, for not exceeding fifty-four (54) hours per week. 3. Apprentices and learners for a period not to exceed three (3) months shall be paid at the rate of not less than 80% of the minimum wage herein provided. The total number of apprentice s and learners employed by any employer of the industry shall not exceed 5% of the total number of employees employed by such member. 4. This article establishes a minimum rate of pay, regardless o whether an emp lo yee is compensated on a time-rate, piecework, or other basis. 5. Female employees performing substantially the same work as male employees shall receive the same rates of pay as male employees. ARTICLE V-GENERAL L.ABOR PROYISIONS 1. No person under sixteen (16) years of age shall be employed in the industry, nor anyone under eighteen (18) years of age at operations or occupations hazardous in nature or detrimental to health. The Code Authority shall submit to the Administrator be fore January 1, 1934, a list of such occupations which , upon his approval, shall be deemed hazardous in nature or detrimental to health within the meaning of this section. In any State an employer shall be deem ed to have complied with the age provision if he shall have on file a certificate or pennit duly issued by the authority in such State empowered to i ssue emp loyment or age cer tificates or permits, showing that the employee is of the required age .

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124 2. Employees shall haYe the right to organize and bargain col lectively through representatives of their own choosing, and shall be free from the interference or restraint, coe rcion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 3. No employee and no one seeking employment shall be required as a condition of employment to join any compa .ny union or to refrain from joining, organizing, or assisting a labor organization of his own choosing . 4. Employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 5. Within each State this Code shall not supersede any laws of such State imposing more stringent requirements on employers regulating the ages of employees, wages, hours of work, or he'alth, fire, or general working conditions under this Code. 6. Employers shall not recla ssify employees or duties of occupations performed by employees so as to defeat the purposes of the Act. 7. To prevent any improper speeding up of work (stretch-outs), no employee in the industry shall be required to do any work in excess of the practice as to the class of work of such employee prevailing on July 1, 1933, unless such increaSP is submitted to and approved by the Administrator. 8. No member of the industry may knowingly employ as a learner or apprentice any employee who has previously been employed in any plant in this industry as a learner or apprentice for more than three (3) months. In case a learner or apprentice has not completed the three (3) months learning period, he may be employed as a learner or apprentice by any other employer for the balance of the learning period. 9. Each employer shall post in conspicuous places on his premises full copies of this Code. ARTICLE VI-AnMINISTRA TION To further effectuate the policies of the Act, a Code Authority is hereby constituted to cooperate with the Administrator in the administration of this Code. 1. Organization of Code Atttlwri.ty.-(a) The Code Authority shall consist of three (3) individuals, selected by the members of the Industry. in accordance with a fair method of selection, approved by the Administrator, and not more than three (3) additional mem bers without vote (and without expense to the Industry) to represent the Administrator or such groups or interests as may be agreed upon. (b) Each trade or industrial association directly or indirectly participating in the s e le ction or activities of the Code Authority shall: (1) Impose no inequitable restriction on membership, and (2) subm1t to the Administrator true copies of its arti les of association, bylaws, regulations and any amendments when made thereto, together with such other information to membership, organization, and activitie as the Administrator m:ty deem nece ary to effectuate the purposes of the Act.

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125 (c) In order that the Code Authority shall at all times be truly representative of the indu try and in other respect. comply with the provisions of the Act, the Administrator may provide uch hearings as he may deem proper; and thereafter if he shall find that the Code Authority is not truly representative or does not in other respects comply with the provisions of the Act may require an appropriate modification in the method of selection of the Code Authority. 2. The Code Authority shdl have the. following duties and powers to the extent permitted by the Act, subject to the right of the Administrator on review to disapprove any action taken by the Code Authority. (a) To admini ter and assist in the enforcement of this Code. (b) To interpret the provisions of this Code and issue such rules and regulations as may be necessary for the proper administration of the provisions of this Code. (c) To cooperate with the Administrator as a Planning and Fair Practice Agency. (d) To cooperate with the Administrator in making investigations as to the functioning and ob ervance of any provisions of this Code, at its own instance or on complaint by any person affected, and to report the same to the Administrator. (e) To receive and adjust comp laints of the alleged violation of any of the provisions of this Code. (f) To receive from members of the industry, a.._ such times as may he prescribed, statistics covering number of employees, wage rates, employee . earnings, hours of work, and such other data as may be required by the Administrator. (g) To obtain from the members of the Industry such other statistics and data as may be necessary for the proper administration of this Code, which information is to be collected by an impartial agent, acting in a judiciary capacity, with full protection to each membr as to the confidentia1 nature of the material collected. 3. Any interested party shall have the right of appeal to the Administrator, under such rules and regulations as he may pre cribe, in respBct to any rule1 regulation, or other course of action i ssued or taken by the Code Authority. 4. Members of the Industry shall be entitled to participate in and share the benefits of the activities of the Code Authority and to participate in the selection of the members thereof by assenting to and complying with the requirements of this Code and su staining their rea onable share of the expenses of its administration. The reasonable share of the expenses of administration shall be determined 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 deemed equitable to be taken into consid eration. 5. In addition to the information required to b submitted to the Code Authority, there shall be furnished to government agencies such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act. ARTICLE VII-TRADE PRACTICES 1. Every employer shall use a co t-accounting system which comforms to the principles of and is at least as detailed and complete

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126 as the uniform and standard method of cost accounting to be prescr i bed by t h e Cod e Authority and approved by the Administrator. Such cos t-accounting system shall include as items of cost all direct expe n se s for labor and materials and a proper allowance for over h ead figured according to plant utilization in the production of products covered by this Code. 2. No member of the Industry shall sell or exchange any product of the Industry at a price lower than his cost determined in accord ance with a uniform and standard method of costing to be adopted by the Association and approved by the Administrator. 3. of this Industry shall file with the Code Authority a schedule of prices, terms, discounts, and conditions of sale for the products of the inclu . try within thirty (30) days after the effecti, e date of the Code. Such price lists may be revi s ed only upon five ( 5) clays' notice to the Code Authority. The Code Authority shall immediately send copies of all price lists so filed to all members of the Industry. 4. Members of the Industry shall not sell their products at other prices or on other terms or conditions than set forth in their own price list. When any member of the Industry revises his price list, any other member of the Industry may revise his price list accordingly, to become effective on the same date as the revised price list first filed. Nothing in this paragraph shall be interpreted to permit the promulgation of list prices or the sale of goods at a price below the cost of production of the member of the industry issuing the list as provided in paragraphs one and two of this article. 5. Obsolete merchandise and merchandise that must be sold in emergencies may be sold at other than the price list or cost of the member of the Industry, with the approval of the Code Authority. ARTICLE VIII-ExiSTING CoNTRACTS Where the cost of executing contracts entered into by this Industry prior to June 16, 1933, is increa ed by the application of the provisions of the National Industrial Recovery Act, it is equitable and promotive of the purpose s of the Act that appropriate adjustments of such contracts to reflect such increased cost be a rrived at by arbitral proceedings or and the Code Authority 1s constituted the agency to in effecting such adjustment. ARTICLE IX-UNFAIR TnA D E PRACTICES The following practices c on stitute unfair m e thmls of comp etition for members of the IndtLtry and are prohibited: 1. The false marking or branding of any product of the industry which has the tendenc y to mislead or d e ceive customers or prospective customers, whether as to the grade, quality, quantity, sub tance, chara. cter, nature, origin, size, finish, or preparation of any product of the industry, or otherwise. 2. The making or causit1g or knowingly permitting to b e made or published any false, materially inaccurate, or deceptive c::tatement hy wav of advertis em ent or otherwise, whethe r concerning the grade, quality, quantity, sub s tance, character, nature, origin, size, finish, or

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127 preparation of any product of the industry, or the credit terms, val. ues, policies, Dr services of any member of the industry, or otherwise, having the tendency or capacity to mislead or deceive customers or prospective customers. 3. Directly or indirectly to give or permit to be given, or offer to ' give, money or anything of v.a.lue to agents, employees, or representa tives of customers or prospective customers, or to agents, employees, or representatives of competitors' customers or prospective custDmers, without the know ledge of their employers or principals, as an inducement to influence their employers or principals to purchase or contract to purchase from the makers of such gift or offer, or to influence such employers or principals to refrain from dealing or contracting to deal with competitors. 4. Maliciously inducing or attempting to induce the breach of an existing oral or written contract between .a competitor and his customers or source of supply, or interfering with or obstructing the perfDrmance of any such contractual duties or services. 5. No member of the industry shall secretly offer or otherwise make any payment or allowance of a rebate, refund, con1mission, credit, unearned discount, or excess allowance, whether in the form of money or otherwise, nor shall a member secretly, or otherwise, extend to any customer special service or privilege not extended to all customers of the same class. This provision shall not be interpreted to prohibit the adjustment of legitimate claims. 6. The offering or giving of prizes, premiums, or gifts in connection with the sale of products, or as an inducement thereto, by any scheme which involves lottery, misrepresentations, or fraud. 7. The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representat ions or by the false disparagement of the grade or quality of their goods. 8. The imitation of trade marks, trade names, slogans, designs, styles, brands, or other marks of identification of competitors having the tendency and capacity to deceive purchasers or prospective purchasers. 9. Canceling in whole or in part, or permitting the cancellation in whole o, in part, of any contract of sales of any product, excep t for a fair AOnsideration. 10. l\1aking or giving to any purchaser of any product any guaranty or protection in any form against decline in the market price of such product. 11. Stating in the invoice of any product as the date thereof a date later than the date of the shipment of such product, or including in any inYoice any product shipped on a date earlier than the date of such in voice. 12. 1\tJ:aking any sale or contract of sale of any product under any description which does not fully describe such product in terms cus -tomarily used in the Industry. . 13. Rendering to any purchaser of any product in o.r 1n connection with the sale of such product any service, unless fa1r compensation for such serv ice shall be paid by such purchaser. 14. Shippina products on consignment except insofar as it i s necessary to complete arrangements existing as of the effective date of the '

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128 Code, which arrangPment shall be reported in writing to the Code Authority. No member of the Industry shall deliver the products thereof on con ignment except to an affiliated company of such mem ber. An affiliated company shall mean a company in which a member of the Industry has a voting control through the record or equitable title of the voting stoc k thereof, or has control of such company in any other man11er. 1 5 . The making of false statements or reports, written or oral, required pursuant to any of the provisions of this Code or any resolution duly adopted by the Code Authority. ARTICLE X-MODIFICATION 1. This Code and all the provisions thereof are expressly made subject to the right of the Pte sident, in accordance with the provisions of subsection (b) of Section 10 of the National Industrial R ecovery Act, from time to time to cancel or modify any order, approval, licen s e, rule, or regulation issued under Title I of 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. After due notice and hearing this Code, except a s to provisions required by the Act, may be modified on the basis of experience or cha nges in circumstances; such modifications shall be based on the recommendation of the Code Authority or of any interested party or group or on the Administrator's own initiative and shall become effecti ve on approval by the President. ARTICLE XI-MoNOPOLIEs, ETc. No provisions of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. ARTICLE XII-EFFECTIVE DATE This Code shall become effective on the second Monday after the date of its approval by the President. Approved Oode No. 157. Registry No. 299-2-18. 0