Citation
Code of fair competition for the corset and brassiere industry

Material Information

Title:
Code of fair competition for the corset and brassiere industry as approved on Aug. 14, 1933 by President Roosevelt
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
Supt. of Documents
Publication Date:
Language:
English
Physical Description:
vi, 10 p. : ; 23 cm.

Subjects

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

Notes

General Note:
"Approved Code No.7 ; Registry No.220-1-02"

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:
004851320 ( ALEPH )
63654227 ( OCLC )

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Full Text


Registry No. 220--1--02


ar sale by the Superlntendent of Documents, Wasbjngton, D.C. -, -, Price 5 cents


ieed Cade No. 7


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR' TilE


CORSET AND BRAbSSIE11EE

INDUSTRY


AS APPROVED ON AUGUST 14, 1933
BY
PRESIDENT ROOSEVELT


1. Executive Order
2. Administrative Order
3. Report of Deputy Administrator
4. Code




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933




















EXECUTIVE ORDER


CODE OF FAIR COMPETITION, CORSET AND BRASSIERE INDUSTRY

Aln application having been duly mad-e, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my apprioval of a Code of
Fair Competition for the Corset and Brassiere Industry, and hearings
having been held thereon and the Administratorl having rendered his
report containing an analysis of the said Code of Fair Competition
together wsith his recommendations and findings with respect th~ereto,
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:
NOW, THEREFORE, L. Franklin D. Roosevelt, President. of the
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recover~y Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations and
findings of the Administrator and do order that the said Code of
Fair Competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended.
HUGH S. JOHNSON,
Ad~m'n istrator.
THE TJHITE HOUSE,
August 14, 1033.
(III)
21592'"--244-27--33



















ADMINISTRATIVE ORDER


CODE OF FAIR COMPETITION, CORSET AND BRASSIERE INDUSTRY

An application having been duly made by the Code Authority,
pursuant to the provisions of the Code: of Fair Competition for the
Corset and B~rassiere Industry, approved August 14, 1933, for my
approval of the inclusion of certain provisions in.the Code, the Dep-
uty Administrator having rendered his report together with his
recommendations and find~ingas with respect to the said provisions,
and finding that the said provisions comply in all respects with
the pertinent. provisions of the Code as well as with Title I of the
National Indlustrial Recovery Act and t~he requirements of Clauses
(1) and (2) of suibsection (a) of Section 3 of said Act:
NOTHEREFORE, I. John M\1. Hancock, Act~inga Administra-
tor f te Ntioal ecoeryAdministration, pursuant to the au-
thority rested in me by the EeuieOdro Jl 5 93 n
otherwise, d~o adopt and approve the report, recommendations, and
findings of thle Dep~uty Administrator and do order that the said
provisions be and they are hereby approved and shall have full force
and effect as provisions of thle said Code.
JoHN MI. HANCOCK,

Approval r~ecommended.AtigA iitro.
EARL DEAN HOW'ARD,
Deputy Admzinistr~ator.
AvousT 28, 1933.
(IV)




















A Code of Fair Competition for the Corset and Brassiere In-
dustry has been heretofore approved by the President. The Code
contains certain provisions concerning Fair Trade Practice Rules
which were included in the Code in the form of recommendations
to be made by the Code Authority for subsequent approval by the
Administrator. The Code Authority, having appeared before mle,
has presented its recommendations as aforesaid. The recommenda-
tions were included verbatim in the proposed Code and full
opportunity was afforded at the public hearing to all allegedly
interested parties to present objections thereto.
No objections having been received, and certain modifications har-
ing breen suggaestedl by the Consumers Advisory Board, which modi-
fications have been incorporated in the proposed final rules,
I recomlmend-l
That the recommendations of the aforementioned Code Authority
for approval of the Fair Trade Practice Rules to govern the Clorset
and Brussiere Industry, be granted by the Administrator.
EARL DEAN HOWARD,
Accut B, 133.Dep~uty Administr~ator.


TO THE ADMINISTRATOR


























The Deputy Administrator finds that--
(a) The Code complies in all respects with the pertinent provi-
sioins of Title I of the Act, including, without limiitation, subsection
(a) of Section 7i, and subsection (b) of Section 10 thereof; and that
(b) The Corset and Brass~iere Association of America imposes
no inequitable restrictions on admission to membership therein and
is trully representative of the Corset and Brassiere Industry; and
that
(c) The Code is niot designed to promote monopolies or to elim-
inate or oppress small enterprises and will not operate to discrim-
inate against thiem, and will tend to effectuate the policy of Title I of
the National Industr~ial Recovery Act.
EARL DEAN HOWA8RD,
Accos 28, 933.Deputy Administrator.













CODE OF FAIR COMPETITION FOR THE CORSET AND
BRASSIERE INDUSTRY

1. PURPOSE

(a) Thie Corset and Brassiere Association of America, a national
trade association representative of the industry throughout the
United States, pursuant to the purpose of the Corset and Brassiere
Industry to cooperate with the President of the United States in
effectuating the policy declared in Title I of thle National Industrial
Recovery Act., does hereby recommend and submit for approval, pur-
suant to Section 3 of said Title, the following Code of Fair Com-
petition and plans for its Admninistration for all corset and brassiere
manufacturers andi distributors in so far as it pertains to this
industry.
This Code is set up for the purpose of increasing employment,
establishing fair and adequate wages, eliminating wasteful practices
destructive to the interests of the public, employees, and employers.
This Code shall become effective the second M~onday following its
approval by the President.
(b) Definition.-T~he term Corset and B~rassiere Industry is used
to cover persons, partnerships, and corporations, which mnanufacture
and sell corsets, sitep-in-corsets, brassier~es, bandeau-brassieres; cor-
sets, girdle-corsets, or step-in-corsets attached to brassieres or
banded u-bra ssieres ; all sim ila r body-supporting ga rments.
(c) Adm~in istration.-FIor the purpose of administering this Code,
the Corset and Brassiere Industry shall be divided into divisioins as
set forth below. Each such division mnay be independent and self-
goverming with respect to all conditions and problems relating ex-
clusively to the said division. Proposals with respect to matters
affecting more than one division may be initiated by any division,
and shall be submitted for consideration to thle Code Authority of the
Corset and Brassiere Industry, hereinafter described, and its deter-
mination shall be binding upon said division and all other divisions
affected t~hereby.
(d) "i Person as used herein includes any individual, firm, part-
nership, or corporation in the industry.
(e) Divisiorn A.--Persons who sell to retailers, jobbers, chain
stores, catalog houses, and other distributors who resell.
Division B.--Persons wvho manufacture stock grarmnents, or pur-
chase them for sale, and distribute them by the direct-to-consumer
method of selling.
Division C.--Persons who manufacture only miade-to-measure
(custom-made) garments, or purchase them for sale, which are dis-
tributed only by the direct-to-consumer method of selling.







2. 3llNIM T'3I AGE OF EMPLOYEES

Persons in thie ind~uStry shall not employ anyone under sixteen
years of age.
3. 11'AGES aND CONDITIONS OF EurLOYMIENT

(a) Except as hereinafter provided, on and after the effective
date hereof, the minimum wage which shall be paid by persons in
the Corset and Brassiere Industry to any of their employees shall
be at the r~ate of $14.00 a weeki, except that cutters shiall not be paid
less than at the rate of $25.00 for a week of 40 hours.
(b) N~o person shall reduce compensation for employment now in
excess of the mlinimnum wages hereby agreed to (notwithstanding that
the hours of work of such employment may be hereby reduced), but
shall increase the pay for such employment by an equitable readjust-
mient of all pay' schedules, whether for time-work or piece-work.
(c) Lear~ners or apprentices shall be paid a minimum of 271/2
cents per hour, or at the rate of $511.00 a week, for the first six
weeks, anid thlerenfter the minimum wage provided under Ride 3 (a).
If the operation they ar~e learning has a piece-wrork rate and the
amount earned at. piece-rate is more than $11.00 a week, the learner
or apprentice mnust be paid on a piece-rate basis. No person in this
industry miay knlowingly employ as a learner or apprentice, an
employee who has previously been employed in any plant in this
industry on a sinuilar operation as a learner or apprentice.
(d) To assure emnployvment to workers who are physically handi-
capped and to avoidl their becoming a burden to the. state, such em-
ployees are exempted from the provisions of Rule 3 (a), provided
such em~ployees Lshall not exceed in number 5 percent of the total
workers employed by a person.
(e) Persons in the Corset and Brassiere Industry shall comply
with the requiirements of the National Industrial Recovery A~ct as
follows :
"'(1) Thiat employees shall have the right to organize and bar-
gain collectiv-ely through representatives of their own choosing, and
shall be free fromt the interference, restraint, or coercion of employ-
ers of labor, or their agents, in the designation of such representa-
tives or in self-organization or in other concerted activities for the
purpose of collective bar~gaining or other mutual aid or protection;
(2) that no emiploy~ee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a, labor organization
of his own choosing, and (3) that employers shall comply with the
maximum hours of labor, minimum rates of pay, and other condi-
tions of employment approved or prescribed by the President."
4. Houns or LABOR AND OPERATION

(a) The ma ximum hours of productive operation for any plant
inl this industry shall be forty hours per week, provided, however,
thiat no plant shall operate in excess of five days In any week.







(b) The maximum hours of work for any employee, except execu-
tives, executives' assistants, designers, office wor~kers, slipping clerks,
repair crews, watchmen, porters, salesmen, and truckmen, shall be
forty hours per week.
(c) Each person shall post in a conspicuous place in each work
room in his factory Sections 3 and 4 of this Code.
(d) The provisions for maximum hours set out in this article
establish a maximum number of hours of labor per week for every
employee covered, so that under no circumstances shall such an
employee be employed or be permitted t~o work for one or more
persons in the industry in the aggregate in excess of thle prescribed
number of hours in a single week.

5. SANITARY REQUIREMENTS

(a) Since the products of this industry are customarily worn next
to the body, all persons shall conduct a clean, sanitary factory. The
minimum standard shall be in compliance with the standards set in
that part of the factory law of the State of New Y'ork, which is
applicable to plants in this industry.
(b) No person shall employ workers except in his own plant or
plants. No home work shall be allowed.
(c) No person shall knowingly purchase materials to be used in
his product which have not been made in a clean and sanitary
factryand it shall be stipulated on each purchase order that: The
mactoLerial covered by this order must be manufactured in a clean and
sanitary factory."
(d) No person shall purchase garments for.resale which are man-
ufactured wholly or in part under conditions which do not conform
with the provisions of this Code.
(e) All persons shall insert on each invoice covering a shipment
of their manufactured product., the following statement: "L This mer-
chandise was manufactured in compliance with the Code of Fair
Competition of the Cor~set and Brussiere Industry."
6. MODIFICATION

This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provision
of Section 10 (b) of the National Industrial Recovery Act, from time
to time to cancel or modify any order, approval, license, rule, or r~egu-
lation, issued under Title I of said Act, and specifically to the right
of the President to cancel or modify his approval of this C~ode or
any conditions imposed by him upon his approval thereof.
7I. MonoroLr

Nothing in this Code shall be interpreted or applied in such a
manner as to permit or promote monopolies, permit or encourage un-
fair competition, eliminate, oppress, or discrimlinate against small
enterprises.








8. CODE Av~rnonrry

(a) A Code Authiority for the Corset and Brassiere Industry shall
consist of eighrlt to ten members. Tw~o members shall be appointed by
the Administrator and not less than. six nor more than eight shall be
appointed by t.he President of the Corset and Brassiere Association
of America subject to the approval of the Board of Directors. Mem-
bers of the Authority may be removed by the Board of Directors of
the Association w-ith the approval of the Administrator.
(b) Thle Ciode Auithority shall elect such officers and shall assign
to them suc~h duties as it may consider advisable. The Code Author-
ity may appoint subcommnittees for the proper subdivision of its
several functions and representative of such geographical sections of
the. country as it mlay designate. Thle Code Authority shall provide
its own rules of procedure.
(c) The Code Authority shall have full and complete authority
for the administration and enforcement of this Code, subject to anl
appeal to the Aldministrator.
(d) Any complaint concerning an alleged violation of the Code
shall be submitted to the Code Authority in writing and by regis-
tered mail. The complaint shall contain a complete statement of the
facts and shall refer specifically to that part of the code which is
alleged to have been violated. The Code Authority shall obtain such
information as, in its opinion, shall be necessary to establish the
facts. If it shall appear to the Code Authority that there has been
a violation of the Ciode, a statement of the charges shall be sent by
reiastered mai~l to the rperson who is alleged to have committed the
violation. The statement of ch~argjes shall fix the time and place for
a hearing and at thiis hearing the person who is charged with the
violation shall be griven an opportunity of presenting his defense.
If it is the decision of the Code Authority that a violation of the
Code has been commiitted, it shall report the violation to the Admnin-
istrator of the National Industrial Recovery Act, or take such other
action as the Administrator may approve t~o enforce the provisions
of the Act.
(e) The cost of the supervision needed to secure proper observance
of this Code and any additions thereto, compilation of statistical
data and such other activities as may b~e necessary shall be appor-
tioned p~ro rata so far as practicable to all persons in the industry
whether or not they are members of the Corset and Brasslere
Association of America.
(f) The Code Authority shall inv-estig~ate the importation of com-
petitive articles into the United States on such terms or under such
conditions as to render ineffective or seriously endanger the mainte-
nance of thiis Code and act as the agency for makling complaint to the
President on beha~lf of the Corset and B2rassiere Industry.
(g) All disputes between a dealer and a person as to quality or
as to whether or not mecrch~andise delivered is comparable with origi-
nal samnple should be referred to the Code Authority for arbitration
and if so referr~edl, thle Code Author~ity will conduct the proceedings
to settle the dispute under the rules of arbitration of the Corset and
Brassiere Association of A~merica.








(hZ It shall undertake any duties which may be required by the
Administrator to carry out the provisions of the National Industr~ial
Recovery Act and recommend to the Administrator any further re-
quiemets hic ma benecssay.Such recommendations, when
approved by the Administratorshlhvelltefceote
provisions of the Code as originally approved.
(i) Any complaint, difference, controversy, or question of fair
comnpeti ti on arismng under or out of this Code, or relating to stand-
ards as to maximum hours of labor, minimum rates of pay or other
working conditions provided for theremn, or concerning the interpre-
tation or application of any provision thereof, shall be submitted to
the Code Authority and their decision shall be final, subject to the
approval of the Administrator.
9. FAIR TRADE PRAClTICE RU;LES

(a) Advertis~ing.-1.. No person shall contributed more than fifty
percent (50%1) of the net cost of the space to the retailer for any
retailer's advertisement covering the person's product. No person
shall pay any of the cost of advertising on corsets, combinations,
girdle-corsets, or step-in-corsets which are advertised for retail sale
at less than two dollars ($2.00), or on brassieres or bandeaux-
brassieres which are advertised for retail sale at less than one dollar
($1.00), nor shall a person pay any part of the cost of advertising
a retailer's own brand.
2. No person shall pay any of the cost of an advertisement by a
retailer which covers a special sale, i.e. merchandise advertised at a
special price or at less than the price at which the merchandise is
usually sold by the retailer.
3. Noperson shall pay any part of the cost of an advertisement
by a retailer which advertises the product of more than one person
in this industry in the same advertisement.
4. No person shall pay for any advertisement in any publication
by a retailer which is issued less thlan twelve times a year.
(b) Display for~ms.--No person shall furnish a display form with-
out his own brand name appearing prominently thereon. Nor shall
any person furnish a display form advertising a corset, combina-
tion, girdle-corset, or step-in-corset retailing for less than twmo dollars
($2.00), or a brassiere or bandeau retailing for less than one dollar
($1.00).
(c) Deoanstrlator~s.-1 No person sh all furnish to any retail store
demonstrators for a period longer than one week nor oftener than
twice each year, and persons shall not represent them to be emp-
ployeess of the retail store.
2. However, the foregoing paragraph is not applicable to a per-
son who manufactures and/'or sells surgical supports through retail
distributors.
(d) Delivery.--On all orders for five dollars ($5.00) or less there
shall be a service charge of t~wenlty-five cents (25e).
(e) Returns.-1l. No merchandise may be accepted for return ex-
cept for defects in manufacture, delay in delivery, or errors in
shipment.
Each invoice covering shipments will bear this imprint:









The merchandise covered by this invoice left our factory in
perfect condition. Please examine immecdiatfely on receipt. All
claims for damages and shortages m~ust be made in scriting uoithin
10 days from date of receipt of merchandise. No claims will be
allowed at time of settlement.
These goods cannot be returned unless by our written consent.
Our salesmen cannot authorize the return of any merchandise, nor
have they authority to make any allowances."
2. Worn Garmnents: (a) No credit will be allowed on any garment
which has been worn for ten days or longer. (b) A garment which
has been worn less than three months, anid which in the opinion of
the retailer has been damagedr in wearing due to faulty material or
workmanship may be returned for repair without charge, provided
the garment has first been laundered. (c) No garment which has
been altered may be returned if the damage was due to the
alteration.
3. Any dispute between a dealer and a person arising under the
operation of this provision should be settled by amicable adjustment,
or, if it is not possible to reach an agreement, thle dispute shall be
referred to the Arbitration Association for final settlement.
(f) Dating, discounts, rebates.-1l. The maximum terms for re-
tailers andl catalog houses shall be eight percent (8%0) ten (10) days
e.0.mi., or six percent (6Cb) fifty (50) days from date of invoice, net
fifty-one (51) days.
2. The maxiimum terms for jobbers and chain stores (chain stores
selling up to one dollar ($1.00) retail) shall be three percent (3%0)
ten (10) days e.o.m., net elev-en (11) dlays e.o.m.
3. Sh~ipments made on or after the twenty-fifth (25th) of any
month on e.o.m. terms may be dated the first of the following month.
4. N'o trade discounts, rebates or extra dating may be allowed.
5. No person or employee thereof may pay to any retailer or his
employee any commission or premium money to secure preference for
th~e purchase or sale of such person's merchandise.
(g) Facchangesr and consignments.-NKo merchandise m~ay be ex-
changed at any time, nor miay it be consigned, nior may any method
of selling be used which has the effect of selling on consignment or
miemorandum.
(h) Cost filnding.--To assure fair competition and to prevent
the selling of merchandise below cost:
1. The Code Authority will adopt a standard method of cost
finding. It will be deemed a mecthod of unfair competition to sell
merchandise at.less than the cost of production. No special con-
cession in price or rebate of any dlescriptioni may be made on mer-
chandr~ise sold for special sale purposes.
2. Each person shall keep in his own office complete specifications
and cost figures on every number in his line.
3. Any person may reduce the price of any number at any time
providied the price reduction conformis to the intent of the Code
of not selling below the cost of production. It is the meaning of
this paragraph thiat the new price will be used for billing all cus-
tom~ers for shiipments made on or after the date when the new price
went into effect annd that it has not been made to circumvent the rules
on d~iscounnts, datingr, rebates, or consignments.









4';. If a number cannot be sold at the regular price and must be
closed out, a person may reduce his price provided he previously
notifies the Code Authority of his intention to do so, accompanying
this statement with the number of dozens which he has for sale.
No number which has been reduced in price for the purpose of
close-out may be put back into a line, nor may any additional quan-
tity of the same number be manufactured after it has been reduced
for close-out.
(i) Wholesal~e prYices.--To maintain established trade practice, and
to limit the multiplication of numbers, but without any attempt at
prince fixing, each person being free to determine the value to be given
at each price, the following shall be the wholesale prices, per dozen,
for sale to retailers (except -chain stores selling up to one dollar
($1.00) retail), and no intermediate prices may be used:
$2.00 per Dozen $8.50 per Dozen $27.00 per Dozen
2.25 10.50 30.00
3.25 12.00 33.00
4.00 15.00 36.00
4.25 16.50 42.00
4.50 18.00 48.00
6.00 21.00 54.00
7.00 22.50 60.00
8.00 24.010 66.00 and up
All merchandise shall be shipped in standard containers. No
person may use more than one standard container for any number.
If a customer orders merchandise to be put up in a special container,
there shall be charged at least five cents (56) additional for each
container. This charge is to appear as a separate item on the invoice.
(j) Packing.-1l. Corsets and combinations selling for less than
eight dollars ($;8.00) a dozen wholesale shall be packed nlot less than
twelve (12) of one size in a container.
2. Corsets and combinations selling for eight dollars ($8.00) a
dozen wholesale and less than twelve dollars ($12.00) shall be packed
not less than six (6) of one size in a container.
3. Corsets and combinations selling for twelve dollars ($~12.00) a
dozen wholesale may be packed not less than three (3) of one size
in a container.
4. Corsets and combinations selling for over twelve dollars
($12.00) a dozen may be packed one in a container.
5. Brassieres and bandeaux selling for less than four dollars
($4.00) a dozen wholesale shall be packed not less than twelve (12)
of one size in a container.
6. Brassieres and bandeaux selling for four dollars ($4.00) a
dozen wholesale and not more than seven dollars ($7.00) shall be
packed six (6) of one size in a container.
7. Brassieres and bandeaux selling for eight dollars ($8.00) a
dozen wholesale and less than twelve dollars ($12.00) shall be packed
not less than three (3) of one size in a container.
8. Brassieres and bandeaux selling for twelve dollars ($12.00) and
over a dozen wholesale may be packed one in a container.
9. Corsets and combinations regularly packed in bulk may be
packed in single containers if priced and billed at not less than fifty
cents (505) per dozen above the bulk packing price.









10. Corsets and combinations regularly packed one in a container
maiy be packed in bulke in three (3), six (6), or twelve (12) of a size in
a container, at a reduction fr~om the regular list price for single pack-
mng of not more than twenty-five cents (250) per dozen if packed
three (3) in a container, or fifty cents (504) per dozen if packed
six (6) or twelve (19) in a container. No garment packed mn bulk
may be packed in other quantities than three (3) of a size or
miult~iples thereof.
11. Nothing in Provision (j) is applicable to any shipments made
to jobbers, catalog houses, or chain stores selling up to one dollar
($1.00) retail.
(k) Pir~acy ---The Code Authority shall set up a bureau for the
registration of original and unique designs and it shall adopt such
regulations as the Administr~ator may approve for the purpose of
eliminating style piracy.
DIV'ISION~US B AND C
Only the persons classified as members of Divisions B or C as
defined herein,1 are subject to provisions (1) to (s), inclusive.
(1) 1. Persons shall not entice away nor endeavor to entice away
any sales employee, representative, agent, or exclusive distributor of
any competitor with the puirpose or effect. of uinduly hamnpringr or
injuring such competitor, or with the purpose of benefiting by the
training and experience of such sales employees, representatives,
agents, or exclusive distributors, and to this end each person shall
include in every contract of employment, agency, or distribution
(withi the exception of the contracts wFith salespeople exclusively
contacting thie consume~~r) a cl~luse! forbiddr-ing all such activities.
2. Should any person possess reasonable proof that infraction of
this provision has occurred, he shall notify and submit such proof
to thle person whose employee, representative, agent, or exclusive dis-
tributor has committed said infraction, and a copy of such com-
plaint and supporting evidence shall be filed with the Code Author-
ity. Should thereafter the Code Authority decide upon receipt of a
complaint and evidence, and after prescribed hearings, that a second
infraction of this provision has been committed by the same em-
ployee, agent, representative, or exclusive distributor of a person,
such person will, upon receipt of notice fr~om the Code Authority
and subject to a review by the Administrator, terminate the employ-
me~nt a nd/or contract and/or all relationship with the offending

3. N~rothing in this provision shall be deemed to hiinder or in any
way obstruct the right on the part of any sales employee, agent,
representative, or exclusive distributor to seek and~ accept on his or
h~er own initiative, employment, or association with a competitor.
(m) Persons shall refrain at all times and shall order their em-
p~loyees, agents, representatives, and exclusive distributors to agree
in writing to refrain from issuing or making knowingly false state-
ments in regard to thie dependability, financial standing, product, or
repute of any competitor.
(n) No person shall represent, by design, picture, or statement that
such person occupies or utilizes a factory or business space other
than is actually occupied or utilized, or represent in advertisements








or otherwise that such person is a manufacturer or owner or oper-
ator of a mill or factory when in fact such person does not own,
operate, or possess such mill or factory.
(o) In advertising for dealers or sales people, no person shall
knowngn;rly make claims of earning power which are exaggerated
and misleading, nor shall any person in puch advertisements, .;will-
fully misrepresent the source of profit, imorh'e, commlissio~ns, earn-
ings, or compensation the dealer lorsales people shall receive. W7hen
a person directly or indirectly hok~s out as an inducement to dealers
or sales people or prospective dealers or salespeople a refund of de-
posit for samples or sales outfits, either upon return of such outfits
or upon completidix of i predetermiined volume of business? said
refund shall be promptly made when .suchi conditions are mct-.
(p) Persons will provide t.o all their exclusive dealers and sales
people, and will require them to use in every transaction a receipt
form which shalls,,clearly indicate thle name of the product and the
person, and wfhich-shal provicp a space for the full name and ad-
dress of the dealgn or sales p~eopit, an clearP.~andi concise statement;
of the terms of the sale. ,.. *.. ~sW
(q) Persons shall refrdn fri ad~ shall or~depv thei;1m~lployees,
agents, representatives, and exclusive distributors to agree in w~rit-
ing to refrain from inducing, or attempting to induce, the breach of
eXistinlg contracts of pulrchase, or the counlterm alndingr of existing
orders between competitors andi the consumer, by any5 false or decep-
tive means whatsoever, or interf~ering w~ithi the per~formance or ful-
fillment of any such contracts! or ordecr~s. by anyv such meansII.
(r) Persons shall furnish to sales employees, other employees,
agents, representatives. or exclusiv-e distributors only information annd
instructions that correspond w~ith facts and are not' deceptive or mnis-
leading in any respect, and shall expr~esjsly illformll thlem at the time
of their employment or association w~ith~ the per~soni (or in thle case
of present associates shall immlediatelyy so informi them) of all the
provisions of this Code, or subsequent additions thiereto, which regu-
late the activity andi business conduct of sulch sales emlployees, other
employees, agents, representatives, or exclusive dlistributors, and-
thiat any violation of such provisions will result in immediately dis-
missal or termination of relationship, andt shall further expressly in-
form them that they have no authority to make statements or p~romn-
ises of any kind inconsistent with the terms, conditions, and pro-
visonns of the text books, Itltertulre, and adlvertisingr materials pub-
lished by the persons.
(s) All provisions of the general Code are applicable to, members
of Divisions B and C except that. the following sections shall not
apply to them: Section 9 (a), Section 9 (b) ; Section 9) (c); Section
9 (d); Section 9 (e); Section 9 (f); Section 9 (g); Section 9(h)
2 and 3 only; Section 9 (i); Section 9 (j).
(t) Labe'l provision ---All garments manufact~uredi or distributed
shall bear an NRA label, which shall remain attached to such gar-
ments. Such labels shall bear a registration number specially as-
signed to each manufacturer in the Industry. The privilege of
using such labels shall be granted and such labels shall be issued to
any person from time to time engaged in the Industry uplon applica-
tion therefore to the Code Authority, accompanied by a statement of




UNIVERSITY OF FLORIDA


'X 3 1262 08486 8~118
10

com~pliance w~ith the provisions of this Code. Thle privilege of using
sulch labels and the issuance thereof may be withdrawn anad cease or
may~ be lsuspendedl in respect to anysuch persons whose operations,
after app~ropriate hearings by the Cor~set and B~rassiere C'ode ALu-
thlority andi review by the Admninistrator, shall be found to be in
substantial violation of this Code. Persons shall be entitled to
obrtain and use such labets if they comply with the provisions of this
C'ode.
Thle Corset and B~rassiere Code Au~thority may establish appropri-
ate maichiinery for the issuance of such labels in accordance with the
foregoFing~ provisions.
(u) Partlial invacliditry.--If any provision of thlis Code is declared
invaflid or unenforceable, the remaining .provisions thereof shall
nevertheless continue in full force and effect in the same manner as
if thley had been separately presented for approval, and approved
by? thle President.
O :


rr (r~


J 't '




Full Text

PAGE 1

Approved Code No. 7 Regisiry No. 220-1-02 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR 1'HE ! CORSET AND BRASSIERE INDUSTRY AS APPROVED ON AUGUST 14, 1933 BY PRESIDENT ROOSEVELT 1. Executive Order 2. Administrative Order 3. Report of Deputy Administrator 4. Code UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. • • -• --Price 5 cents

PAGE 3

EXECUTIVE ORDER CODE OF F AIR COMPETITION, CORSET .AND BRASSIERE INDUSTRY An application having 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 Cor set and Brass iere Industry, and hearings having been held thereon and the Administrator having rendered his report containing a . n 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 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. Roos e velt, President of the United States, pursuant to the authority ve sted in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations and findings of the Administrator and do order that the said Code of Fair Competition be and it is hereby approved. FRANKLIN D. ROOSEVELT. Approval recommended. HuGHS. JoHNsoN, Administrator. THE Vv HITE HousE, August 14, 1933. 21 59 2 ----244-27----3 3 (III)

PAGE 4

ADMINISTRATIVE ORDER CODE OF FAIR COMPETITION, CORSET AND BRAS IERE INDU TRY An application having been duly made by the Code Authority, pursuant to the provi ions of the Code of Fair Competition for the Cor et and Bra s iere Industry approved August 14, 1933 for my approval of the inclu ion of certain provisions in.the Code the D p uty Admini trator having rendered his report together with his recommendations and findings with respect to the said provi ions, and finding that the aid provisions comply in all respects with the pertinent provi ion of the Code as well a s with Title I of the National Indu trial Recovery Act and the r e quirements of Clauses ( 1) and ( 2) of ubsection (a) of Section 3 of said Act: NOW, THEREFORE, John M . Hancock, Acting A chnini trator of the r ational Recovery Administration, pur uant to the au thority ve. t cl in me by the Executive Order of July 15, 1933, and oth e r w i se, lo adopt and approve the report, recommendations, and findin gs of the D eputy Aclmini trator and do order that the said provision b e and they are hereby approved and hall have full force and ffec t a pro-ri ion of the s aid Code. Approval recomn1 e nded. JoHN H o cK, A oting Admin istrator . EARL HmYARD, D eputy Ad1 ninistra tor. AUGUST 28, 1933. (IV)

PAGE 5

TO THE ADMINISTRATOR A Code of Fair Competition for the Corset and Brassiere Industry has been heretofore approved by the President. The Code contains certain provisions concerning Fair Trade Practice Rules which were included in the Code in the form of recommendations to be made by the Code Authority for subsequent approval by the Administrator. The Code Authority, having appeared before me, has presented its recommendations as aforesaid. The recommendations were included ,verbatim in the propose d Code and full opportunity was afforded at the public hearing to all allegedly interested parties to present objections thereto. No objections having been received, and certain modifications having b2en suggested by the Con sumers Advisory Board, which modi fications have been incorporated in the proposed final rules, I recommend-That the recommendations of the aforementioned Code Authority for approval of the Fair Trade Practice Rules to govern the Corset and Brassiere Industry, be granted by the Administrator. EARL DEAN HowARD, Auaus T 28, 1933. Deputy AdministTator. (V)

PAGE 6

The Deputy Administrator finds that-(a) The Code complies in all respects with the pertinent provi ion of Title I of the Act, including, without limitation ub ection (a) of Section 7, and subsection (b) of Section 10 thereof; and that (b) The Corset and Bras iere Association of America impo no inequitable restrictions on admis ion to membership therein and is truly representative of the Corset and Brassiere Indu try; and that (c) The Code is not deigned to promote monopolie or to elim jnate or oppre s small enterprises and will not operate to di crim inate again t them, and will tend to effectuate the policy of Title I of the National Industrial Recovery Act. EARL DEAN HowARD, Auou T 2 , 1933. Deputy Adrninistl'at01. (VI)

PAGE 7

CODE OF FAIR COMPETITION FOR THE CORSET AND BRASSIERE INDUSTRY 1. PURPOSE (a) The Corset and Brassiere Association of America, a national trade association representative of the industry throughout the United States, pursuant to the purpose of the Corset and Brassiere Industry to cooperate with the President of the United States in effectuating the policy declared in Title I of the National Industrial Recovery Act, does hereby recommend and submit for approval, pursuant to Section 3 of said Title, the following Code of Fair Competition and plans for its Administration for all corset and brassiere manufacturers and distributors in so far as it pertains to this industry. This Code is set up for the purpose of increasing employment, establishing fair and adequate wages, eliminating wasteful practices destructive to the interests of the public, employees, and emplo yers. This Code shall become effective the second Monday following its approval by the President. (b) DefinitiO?t.-The term Corset and Brassiere Industry is used to cover persons, partnerships, and corporations, which manufacture and sell corsets, step-in-corsets, brassieres, bandeau-brassieres; cor sets, girdle-corsets, or step-in-cor sets attached to brassieres or bandeau-brassieres; all similar body-supporting garments. (c) Aclministration.-For the purpose of administering this Code, the Corset and Brassiere Industry shall be divided into divisions as set forth below. Each such division may be independent and selfgoverning with respect to all conditions and problems relating ex clusively to the said division. Proposals with respect to matters affecting more than one division may be initiated by any division, and shall be submitted for consideration to the Code Authority of the Corset and Brassiere Industry, hereinafter described, and its determination shall be binding upon said division and all other divisions affected thereby. (d) "Person" as used herein includes any individual, firm, partnership, or corporation in the industry. (e) Division A.-Persons who sell to retailers, jobbers, chain stores, catalog houses, and other distributors who resell. Division B.-Persons who manufacture stock garments, or purchase them for sale, and distribute them by the direct-to-consumer method of selling. Division C.-Persons who manufacture only made-to-measure {custom-made) garments, or purchase them for sale, which are distributed only by the direct-to-consumer method of selling. (1)

PAGE 8

2 2. nr Acm F EMPLOYEES Per on in th indu tr hall not mploy anyone un ler ixteen y c.lr of a ae . . TV'" A E AXD o ..... DITIOX OF (a) Exc pt a hereinafter provided on and aft r the effe tive date hereof the minimum wage which shall be paid by per on in the Cor et and iere Industry to any of their emplo ree hn.ll be at the rate f $1.00 a week except that cutters not be paid than at the rate of $25.00 for a week of 40 hour . (b) No person hall reduce compensation for employment now in exce s of the minimmn wages hereby agreed to that the hours of work of such employment may be hereby reduced) but shall increa.._e the pay for such employment by an equitable readju tInent of all pay chedule whether for time-work or piece-work . (c) Learners or apprentices shall be paid a minimum of 27lj2 cents per hour, or at the rate of $11.00 a week for the first six week , and thereafter the minimum wage provided under Rule 3 (a). lf the operation they are learning has a piece-work rate and the amount earned at piece-rate is more than $11.00 a week the learner or apprentice must be paid on a piece -rate basis. No person in this industry may knowingly employ as a learner or apprentice, an employee who has previously been employed in any plant in thi indu try on a imilar operation as a learner or apprentice. (d) To a ure employment to workers who are physically handicapped and to avoid their becoming a burden to the state, such em ployees are exempted from the provisions of Rule 3 (a), provided such employees hall not exceed in number 5 percent of the total \\orkers employed by a person. (e) Persons in the Corset and Brassiere Industry hall comply with the requirements of the National Industrial Recovery Act as follows: (1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing and shall be free from the interference restraint or coercion of employ ers of labor, or their agent in the designation of such representative or in self-organization or in other concerted activities for the purpose of collecti\e bargaining or other mutual aid or protection; (2) that no 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 assisting a labor organization of his own choosing and (3) that empl oyers shall comply with the maximum hours of labor minimum rates of pay, and other condi ticn of employment appro ed or prescribed by the President." 4. HoUR oF LABOR AND OPERATION (a) The maximum hours of productive operation for any plant jn thi. indu try shall be forty hours per week, provided, however, that no plant shall operate in excess of five days in any week.

PAGE 9

3 (b) The maximum hours of work for any employee, except execu tives, executives' assistants, designers, office workers, shipping clerks, repair crews, watchmen, porters, salesmen, and truckmen, shall be forty hours per week. (c) Each person shall post in a conspicuous place in each work room in his factory Sections 3 and 4 of this Code. (d) The provisions for maximui11 hours set out in this article establish a maximum number of hours of labor per week for every employee cov.ered, so that under no circumstances shall such an employee be employed or be permitted to work for one or more persons in the industry in the aggregate in excess of the prescribed number of hours in a single week. 5. SANITARY REQUIREMENTS (a) Since the products this industry are customarily worn next to the body, all persons shall conduct a clean, sanitary factory. The minimum standard shall be in compliance with the standards set in that part of the factory law of the State of New York, which is applicable to plants in this industry. (b) No person shall employ workers except in his own plant or plants. No home work shall be allowed. (c) No person shall knowingly purchase materials to be used in his product which have not been made in a clean and sanitary factory, and it shall be stipulated on each purchase order that : " The material covered by this order must be manufactured in a clean and sanitary factory." (d) No person shall purchase garments for.resale which are manufactured wholly or in part under conditions which do not conform with the provisions of this Code. (e) All persons shall insert on each invoice covering a shipment of their manufactured product, the following statement: " This mer chandise was manufactured in compliance with the Code of Fair Competition of the Corset and Brassiere Industry." 6. ThfODIFICATION This Code and all the provisions thereof are expressly made sub ject to the right of the. President, in accordance with the provision of Section 10 (b) of the National Industrial 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 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. 7. MoNOPOLY Nothing in this Code shall be interpreted or applied in such a manner as to permit or promote monopolies, permit or encourage unfair competition, eliminate, oppress, or discriminate against small enterprises.

PAGE 10

4: DE THORITY (a) A d uthority for the or et and Bra iere Indu try hall con i t of ight to t e n m mb r . Two memb r ball be appointed by the Admini trator and n t l than ix nor mor than eight shall be appointed b th Pre i lent of th or et and ras iere A sociatlon of rnerica ubj ct to the approval of the Board of Director . 1 m bers of the Authority may be removed by the Board of Director of the A ociation with the approval of the Admini trator. (b) The ole Authoritj hall e l ct uch officers and hall a sign to them u h duti a it may c onsider advisable . The Code Authority may appoint ubcommittees for the prop r ubdi i ion of its everal function and repre entative of u h geoo-raphical sections of the country as it may designate. The Code Authority shall pro-vide its own rule of procedure. (c) The Code Authority shall have full and complete authority for the admini tration and enforcement of this Code, subject to an appeal to the Administrator. (d) Any complaint concerning an alleged violation of the Code shall be submitted to the Code Authority in writino-and by reo-istered mail. The complaint hall contain a complete statement of the facts and shall refer pecifically to that part of the code which is alleged to have been \ iolated. The Code Authority sh all obtain uch information as, in its opinion, shall be nece sary t e tabli h the facts. If it shall appear to the Code Authority that there has been u violation of the Code, a statement of the charges shall be ent by registered mail to the person who is alleg e d to have committed the violation. The statern.ent of charO'eS shall fix the time and place for a hearing and at this hearing the person who is charged ith the 'iolation shall be oi ven an opportunity of pre enting his defense. If it i s the derision of the Code Authority that a violation of the Code has been committed, it shall report the violation to the A lministrator of the National Industrial Recovery Act or take " uch other action as the Administrator may approve to enforce the pro i ions of the Act. (e) The cost of the upervision needed to secu r e proper ob ervance of this Code and any additions thereto compilation of stati tical data and such other activiti s as may be nece sary hall be apportioned pro rata so far as practicable to all .per on in the indu try whether or not they are members of the Corset and Association of America. (f) The Code Authority sha ll investi ate the importation f ompetiti ve articles into the United State on such term or under uch conditions a to render ineffective or seriou ly ndang r th mainte nance of this Code and act a the ao-ncy for making c mplaint to the President on behalf of the Cor et and Bra iere Indn try. ( cr) All di spute between a lealer and a per on a to quality or as to wheth r or not m r handi e deliver 1 is omparable with original ampl houll b e r f rre 1 to the od Authorit. for arbitration and if . o r ferr d the ode uthorit. will conduct the pro eding to ettle th di . pnte un] r th e rnle of arbitration of the or et and Bras iere A sociation of Am rica.

PAGE 11

(h) It shall undertake any uuties which may be required by the Administrator to carry out the provisions of the National Industrial Recovery Act and recommend to the .1 dministrator any further re quirements which may be necessary. Such recommendations, when approved by the Administ:rotor shall have all the force of the provisions of the Code as originally approved. (i) Any complaint, djfference, controversy, or question of fair competition arising under or out of this Code, or relating to standards as to maximum hours of labor, minimum rates of pay or other working conditions provided or therein, or concerning the interpretation or application of any provision thereof, shall be submitted to the Code Authority and their decision shall be final, subject to the approval of the Administrator. 9. FAm TRADE PRACTICE RuLEs (a) Adve?'tising.-1. No person shall contribute more than fifty percent (50%) of the net cost of the space to the retailer for any retailer's advertisement covering the person's product. No person shall pay any of the cost of advertising on corsets, combinations, girdle-corsets, or step-in-corsets which are advertised for retail sale at less than two dollars ($2.00), or on brassieres or bandeaux brassieres which are advertised for retail sale at less than one dollar ($1.00), nor shall a person pay any part of the cost of advertising a retailer's own brand. 2. No person shall pay any of the cost of an advertisement by a retailer which covers a special sale, i.e. merchandise advertised at a special price or at less than the price at which the merchandise is usually sold by the retailer. 3. No person shall pay any part of the cost of an advertisement by a retailer which advertises the product of more than one person in this industry in the same advertisement. 4. No person shall pay for any advertisement in any publication by a retailer which is issued less than twelve times a year. (b) D isplay forms. N o person shall furnish a display form without his own brand name appearing prominently thereon. Nor shall any person furnish a display form advertising a corset, combina tion, girdle-corset, or step-in-corset retailing for less than two dollars ($2.00), or a brassiere or bandeau retailing for less than one dollar ($1.00). (c) D e monstrators. -1. No person shall furnish to any retail store demonstrators for a period longer than one week nor oftener than twice each year, and persons shall not represent them to be em ployees of the retail store. 2. However, the foregoing paragraph is not applicable to a per son who manufactures and/ or sells surgical supports through retail distributors. (d) D e live1'y. On all orders for five dollars ($5 . 00) or less there shall be a service charge of twenty-five cents (25). (e) Retttrns.-1. No merchandise may be accepted for return ex cel?t for defects in manufacture, delay in delivery, or errors i n shipment. Each invoice covering shipments will bear this imprint:

PAGE 12

G "Th by_ thi. 1nY 1c l ft our fa tory in p rf t nditi n. l a xannn imm diately on 'receipt . All claim f r c and h rta cs mu t be made in '11J1""iting within 10 clays from elate f r ceil t f m rchancli c . o claims will be allow d at time of ttl n nt. Thes crood cannot be ?'etunt e d unl b our ritt n con ent. Our ale men cannot authorize the return of any merchandise, nor ha"V they authority to mak any allowan e . 2. \Vorn Garm nts: (a) No credit will be allowed on any garment which ha be n worn for t n days or loncrer . (b) A garm nt which has be n worn l than three month and which in the opinion of the retajler ha b e n damaged in w aring due to faulty material or workman hip may be returned for r pair without charge, pro ided the garment has fir t been laundered. (c) No garment which has been altered may be r turned if the damage was due to the alteration. 3. Any di pute between a dealer and a per on ari ing under the operation of this provi ion hould be settled by amicable adju tment, or, if it is not pos ible to reach an agreem nt the eli put hall be referred to the Arbitration Association for final ettlement. (f) Dating, discounts, 1ebates.-l. The maximum term for retailer and catalog hou es shall be eicrht percent (8%) ten (10) days e.o.m., or six percent (6%) fifty (50) days from date of invoice, net fifty-one (51) days. 2. The maximum terms for jobbers and chain to res (chain to res elling up to one dollar ($1.00) retail) shall be three percent (3%) ten (10) days e.o.m., net eleven (11) days e.o.m. 3. Shipments made on or after the twenty-fifth (25th) of any month on e.o.m. terms may be dated the fir s t of the followincr month. 4. No trade discounts, rebates, or extra dating may be allowed. 5. No person or employee thereof may pay to any retailer or hi employee any commission or premium money to secure preference for the purchase or sale of such person's merchandi e . (g) Exchanges and consignnunts.-N o merchancli may be x changed at any time, nor may it be consirned nor may any method of selling be used which ha the effect of elling on con ignment or memorandum. (h) Oost finding.-To a ure fair omp tition and to prevent the elling of merchandise below o t : 1. The ode Authority will adopt a standard m thod of cost finding. It will be deemed a metho 1 of unfair competiti n to ll m rchandi e at le than the co t of pro luction. pe ial onion in price or rebate of any le s ripti n may be mad on m r chancli e old for pe ial sale purpose . 2. Ea h p r on hall keep in lu own ffi c complete spe ifi ations and o t figure on ev ry number in his lin . 3. Any person may redu e th pri e of any numb r at any time prov-id c1 th pri e reduction conform to the intent of the ode not sellino b 1 w the ost of proclu tion. It is the m anincr of this paragraph that the new price will be u e for billing all cu tomer for shipment rna l e on or aft r the date when the new price went into effect and that it ha n t been made to circum ent the rules on di counts, dating, rebat s, or consignments.

PAGE 13

7 4. If a number cannot be sold at the regular price and must be closed out, a person may reduce his price provided he previously notifies the Code Authority of his intention to do so, accompanying this statement "With the number of dozens which he has for sale. No number which has been reduced in price for the purpose of close-out may be put back into a line, nor may any additional quantity of the same number be manufactured after it has been reduced for close-out. (i) Wholesale prices. -To maintain established trade practice, and to limit the multiplication of numbers, but without any attempt at price fixing, each person being free to determine the value to be given at each price, the following shall be the wholesale prices, per dozen, for sale to retailers (except chain stores selling up to one dollar ($1.00) retail), and no intermediate prices may be used: $2.00 per Dozen $8.50 per Dozen $27.00 per Dozen 2.25 10.50 30.00 3.25 12.00 33.00 4.00 15.00 36.00 4.25 16.50 42.00 4 . 50 18.00 48 . 00 6.00 21.00 54.00 7.00 22.50 60.00 8.00 24.00 66.00 and up All merchandise shall be shipped in standard containers. No per on may use more than one standard container for any number. If a customer order;s merchandise to be put up in a special container, there shall be charged at least five cents ( 5) additioual for each container. This charge is to appear as a separate item on the invoice. (j) Packing.-1. Corsets and combinations selling for less than eight dollars ($8.00) a dozen wholesale shall be packed not less than t\\eh-e (12) of one size in a container. 2. Corsets and combinations selling for eight dollars ($8.00) a dozen wholesale and less than twelve dollars ($12.00) shall be packed not le s than six (6) of one size in a container. 3. Corsets and combinations selling for twelve dollars ($12.00) a dozen wholesale may be packed not less than three (3) of one size in a container. 4. Corsets and combinations selling for over twelve dollars ($12.00) a dozen may be packed one in a container. 5. Brassieres and bandeaux selling for less than four dollars ($4.00) a dozen wholesale shall be packed not than twelve (12) of one ize in a container. 6. Brassieres and bandeaux selling for four dollars ($4 . 00) a dozen wholesale and not more than seven dollars ($7.00) shall be packed six ( 6) of one size in a container. 7. Brassieres and bandeaux selling for eight dollars ($8.00) a dozen wholesale and less than twelve dollars ($12.00) shall be packed not le s than three (3) of one size in a container. 8. Bra sieres and bandeaux selling for t\\elve dollars ($12.00) and over a dozen wholesale may be packed one in a container. . 9. et_s and _regularly packed in bulk may be packed 1n single contamers If pr1eed and billed at not less than fifty cents (50) per dozen above the bulk packing price.

PAGE 14

8 10. Cor , t an 1 ombination. r rrnlarly 1 a ke one in a container ma ' b 1 ackecl in bulk in thr (3), ix (G) r twelve (12) of a izein a ntain r at a r clu tion from the reoular li t price for pack In f n m re than tw e nty-fi-v c nt per dozen it packed three ( ) in a ontain r, or fift. nt (50 ) per d zen if packed ix (6) or twelve (12) in a ontainer. No oarment packed in bulk rna. be packe 1 in oth r quanti tie than thr e (3) of a ize or multii 1 thereof. 11. othing in Provi ion (j) i applicable to any hipments made to jobb e r catalog hou e , or hain tares elling up to one dollar ( 1.00) retail. (k) Pi'racy.-The Code Authority hall et up a bureau for the regi tration of original and unique de iO'ns and it hall adopt uch regulation a the Admini bator may appro e for the purpo e of eliminating tyle piracy. DTVISIONS B AND C Only the persons cla si fied as members of Divisions B or C as defined are subject to provisions (1) to ( s), inclusive. (1) 1. Persons shall not entice away nor endeavor to entice away any sales employee, representative, agent, or exclusive distributor of any competitor with the purpose or effect of unduly hampering or injuring such competitor, or with the purpose of benefiting by the training and experience of such sales employee , r presentatives, agents, or exclu ive distributors, and to this end each person shall include in every contract of employment, agen . cy, or distribution (with the exception of the contracts with salespeople exclusively contacting the consumer) a clause forbidding all such activities. 2. Should any person possess reasonable proof that infraction f this provi ion has occurred, he shall notify and submit such proof to the per on whose employee, representative, agent, or exclusive distributor has committed said infraction, and a copy of such complaint and supporting evidence shall be filed with the Code Authority. Should thereafter the Code Authority decide upon receipt of a complaint and evidence, and after prescribed hearing , that a second infraction of this provision has been committed by the same em ployee, agent, r pre entative, or exclusive di tributor of a per on, such per on will, upon receipt of notice from the Code Authority and subject to a review by the Admini trator terminate the mplov ment and/or contract and/ or all relation hip with the offending individual. 3. Nothing in thi provision shall be deem d to hi ncl r or in any way ob truct the rioht on the part of any al s em1loyee, acrent r pre entative, or exclu ive di tributor to cek and a cept on hi or her own initiative, mploym nt, or a o iation with a comp titor. (m) Per ons shall r frain at all times and hall order their em ployees agent , repr ntative and xclu ive eli tributors to agree in writincr to refrain from i uing or makinO' knowingl fal c tatein r gard to th l p n lability, finan ial stanuincr, pr duct, or r pute of any competitor. (n) o person shall r present b l ign, pictur or stat ment that uch per on oc upie or utilizes a fa tory or bu si nes spa c other than i s actually occupi d or utilized, or repr sent in adverti ements

PAGE 15

9 or otherwise that suc h person is a manufacturer or owner or oper. a tor of a mill or factory when in fact such person does not own, operate, or possess such mill or factory. ( o) In adYertising for dealers or sales people, no person shall knowingly make claims of earning power which are exaggerated and misleading, nor shall any person in such advertisements, willfully misrepresent the source of profit, income, commissions, earnings, or compensation the dealer or sales people shall receive. When a person directly or indirectly holds out as an inducement to dealers or sal es people or prospecti Ye dealers or salespeople a refund of deposit for samples or sales outfits, either upon return of such outfits or upon completi on of a predetermined volume of business, said refund shall be promptly ma:cle when such conditions are met. (p) Persons will provide to all their exclusive dealers and sales people, and will require them to use in ever y transaction a receipt form which shall clearly indicate the name of the product and the person, and whic h shall provide a space for the full name and address of the dealers or sales people, and a clear and concise statement of the terms of the sale. ( q) Persons shall refrain from and shall order their employees, agents, representatives, and exclusive distributors to agree in writing to refrain from inducing, or attempting to induce, the breach of existing contracts of purchase, or the countermanding of existing orders between competitors and the con mn er, by any false or decep tiYe means whatsoever, or interfering with the performance or ful fillment of any s uch contrac ts, or orders by any such mean . (r) Perso ns shall furnis h to ales employees, other e mployee s, agents, representatives, or exclusiYe distributors only information and instructions that correspond with facts and are not deceptive or mis leading in any respect, and shall expres ly inform them at the time of their employment or as-=ociation with the person (or in the case of pres ent associates shall immediately so inform them) of all the provisions of this Cocle1 or u b equent addition thereto, which regulate the activity and business conduct of such sa le s employees, other employees, agents, repres en tatives, or exclusive di stributors, andthat any violation of such provisions will result in immediate dis missal or termination of rela t ion ship, and shall further expressly inform them that they have no authority to make statements or promises of any kind inconsi stent with the terms, conditions, and provisions of the text books, literature, and adYertising materials pub lished by the per ons. (s) All provisions of the g neral Code are applicable t o members of Divi ions B and C except that the following sections shall not apply to them : Section 9 (a), Section 9 (b) ; Section 9 (c) ; Section 9 (d); Section 9 (e); Section 9 (f); Section 9 (g); Section 9(h) 2 and 3 only; Section 9 ( i) ; Section 9 (j). (t) Lab el provision.-All garments manufactured or di tributed shall bear an NRA label, which remain attached to .'uch garments. Such labels shall bear a registration number pecially as signed to each manufacturer in the Industry. The priYilege of using such label s shall be granted and uch labels shall be i ss ued to any person from time to time engaged in the Industry npon application therefor to the Code Authority, accompanied by a statement of

PAGE 16

UNIVER S ITY OF FLORIDA lllllllllllllllllll lllllllll l lllllllllllllll l llllllllll l llllllll 3 1262 08486 8115 10 "ith th l ronsw1 clc. Th priYil rre of using t.UH.l th' i . uanc' th r 'of ma b withdrawn an ' a e r nwy c . n p 'nd d in r . p 't t any su.h p 'r on 'Yho e 1 ration , after ar propriat h a ring by the or. ct and i Cod Auth rity and r vi w b -th Admini trator hall b found to !Je in ubtanUnl violation of th i 'ocl . r so n . hall be ntitl d to bta in an u . u h labels if th comply with the pr vi ions of this 'ocl . The or .. et an 1 ra . ier ole may e tabli h appropri-at' ma hin ry for th i uan c of such lab 1 in accordance with the f<)rrgoing pro-vi. ion . (n) Pa1tial in alidity.-If any proYi i o n of thi ode is declared inYalicl or unenf rc able th remaining provi ion thereof hall nev rth l continue in full force and effect in the ame mann r as jf th y had been separately presented for approval, and approved by the Pr iclent. 0