Citation
Code of fair competition for the men's garter, suspender, and belt manufacturing industry

Material Information

Title:
Code of fair competition for the men's garter, suspender, and belt manufacturing industry as approved on November 4, 1933 by President Roosevelt
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
vi, 6 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Belt industry (Clothing) -- Law and legislation -- United States ( lcsh )
Men's clothing industry -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
Registry no. 271-1-01.

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004851311 ( ALEPH )
31961354 ( OCLC )

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Full Text


Regf stry No. 271--1-01


I' I
For sale by the Sulperintendent of Dcacments, Washington, D.C. - Price 5 centsr


-b"


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



MIEN'S GARTER, SUSPENDER, AND

BELT MANUFACTURING

INDUSTRY


AS APPROVED ON NOVEMBER 4, 1933


PRESIDENT ROOSEVELT


WE O OUR0 PARt


1. Executive Order


ittal


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON 19D33


UNIVERSITY OF FLORIDA

3 1262 08483 0180























This publication is for sale byV thle Superintendent of Documents, Government
Printing Office, Washington, D.O., and by district offices of the Bureau of Foreign
and Domestic Commere.
DISTRCT OFFICES OF THE DEPARTMENT OF COMMERCE

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EXECUTIVE ORDER


Coml or Fam CoMPErrrrON FOR THE ILEN's GARE, SUSPENDER, ANDI
Barr~ 1MBNmerFCroUXNm INDUrSTlRY

An application having been duly made, pursuant to and in full
compliance with the provisions of title I of the NJational Industrial
Recovery Act, approved June 16, 13'93, for my approval of a Code
of Fair Competition for the Men's Garter, Suspender and Belt
Manufacturing Industry, and hearings having been held thereon and
the A~dmin~istrator having rendered Ins report containing an analysis
of the said code of fair competition together woith. his recommends-
tions and findings with respect thereto, and the Administrator haP-
ing found that the said code of fair competition complies in all
respects wn~ithz the pertinent provisions of title I of said act and that
the requirements of clauses -(1) and (2) of subsection (a) of section
8 of the said act have been m~et:
NOW, TLHEREFORE, I, Franklin D. Roosevelt, President of
the Unlited States, pursuant to the authority vested in me by title I:
of the N~ational In~dustrial Recovery Act, approved June 16, 19383,
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.
F'RANKLIN D). ROOS~EVELT.
Tor WarrE~ IJOULSE,
Novemzber a, 1933.
Approval recommended:
HIUanI 8. JoRNson
Admzinsatractor.
(III)


19512"- 188-s-1 62--88











NOVElMBE 2, 1933.
The PRESIDNT
The TVA hte House.
SmR: The8 public hearing on the Code of Fair Competfition for the
men's garter, suspender, and belt-manufacturing industryaspo
posed bg the Men' G arter, Suspender, and Belt M~anu~fLYtacturers
Association, Inc., was conducted in W~ash~ington on October 9, 1933.
Every person wcho requested an appearance was fairly heard in ac-
cordance with statutory and regulatory requirements. The Code
has the approval of the Labor, Industrial, anld Colnsumrer Advisory
Boards of the National Rtecovery Administration, and of the Legal
Division. The Chairman of the Code Comlmittee of the subm~itting
Association, upon authorization of the Committ~ee, has also indlicated
his approval of the final draft of the Code on behalf of the industry.

DESCRIPTION OF TH3E INDUSTRY

The industry as defined in the Code includes the manufacture of
ela.stic sanitary belts, garters and garter belts for men and boys,
wPomen and children, and the mnu~rfac~ture of men's and boys' sep-
,arate belts. The commodities included within the scope of the Code
1s: recommeYF nded~ are,~ ;in sme w~.a ysrlatedl more t~hrough the activi-
ties of the manufacturers in. the several branches and through co-
m~on points and channels of sale than through physical character-
istics and sim~ilarity of m~anufacturing technique. Thus men's belts
are not physically akin to a pair of garte~rs, but numerous man~u-
facturers make both as well as other products, and both are marketed
through the same trade channels. It is believed ~that the grouping
of products under this Code is as nearly correct and grenerally sat~is-
factory as can be obtained.
The industry may be said to center in the Eastern Seaboard Staxtes,
particularly in New York and the N~ew England States, although one
of the larger members of the industry is located in1 Chicago. Most
all of the concerns in the industry catering to the: syndicate trade
are loon;tedl within a radius of one hundred miles of Ne~w Yorkr
City.
The industryT performs practically entirely a converting or as-
semnbling function, nearly all of the manufacturers with one con-
spicuous exception buxying the materials that are required in making
garters, suspenders, anld belts.
Pe~rha ps' due to the comparatively small size of the industry,
there has been no tremendous developt`nment inr recent years in the
mechanical equipment of factories. I general, regulation sewing
machines are used in the production of garters and suspenders.
Recent years have seen incrensmng importance laid upon the style
elements mn the industry. With th~e return of fancy w~ebbinga for
the use of "braces" and the increased consumption of sp~ortwear
articles, th~e style factor in the past fewM years has become an im-
portant factor in the industry.
(IV')








Generally speaking, the industry has been one whic has be~ne-
fitted by a harmoous relationship with labor. Of the 4,300 em-
ployees in the industry in 1929, hardly more than 100 were members
of any union. The .interests of labor were well represented in
the development of the Code by the Labor Advisory Board.
RF80Kaz OF THE CODE
Article I: sets forth certain definitions.
Article II contains the maximum hour provisions of the Code.
The hours of productive workers are limited to 40 in each week,
except that slightly longer hours are allowed office workers, main-
tenance employees, etc. The maximum hour provisions do not apply
to watchmen, salesmen, or executives. Further overtime may be
granted upon recommendation of the Code Authority and approval
of the Adiministrator upon such terms as the Administrator may
prescribe.
Article, III sets forth the minimum, wage provisions. A~ basiol
minimum of Fourteen ($14.00) Dollars per wPeek for all employees
is provided for wit-h the exception that the minimum for cutters
in t~he m~en's belt branch of the industry is set at T~wenty-eight
($28.(0) Dollars per week. There is an apprentice clause contained
in this AI~rticle providing for the hiring of apprentices at th~e rate
of ~Eleven. ($11.00) Dollars per week; this clause is, however, effec-
tive only until June 1, 1934, or until shzortly after all homework in
the industry will have been eliminated in accordance with A~rticle X
of this Code.
Article IV eliminates child labor anld contains thie labor provisions
maandatory under the Act.
Article V provides for the establishment of a Code Authority.
This body, consisting of 11 members, is charged with the regular
duties and responsibilities of administering the Code. Nine~ of the
members are to be appointed by the president of the Men's Garter,
Suspender, and Belt Manufacturers' Associatioln, Inc. One of these
9 members must ~be selected from. those members of the industry
not members of the Association. The 2 remaining members, with-
out voting power, are appointed by the Administrator.
This Article provides for the establishment of a confidential agency
to secure for and to submit to the Code Authority information neces-
sary to the proper administration of the Code. The Code Authority
is also empoweredl to recommend a uniform, costing system for use
in the industry--basic to the securing of information necessary for
the enforcement of certain trade practice provisions.
T'he Clode Authority is also empowered to recommend to the
Admninistrator for his approval, trade practice provisions. Upon
the approval of the Administrator, trade practice provisions so ree-
onunended by the Code Aut~hority become a part of thie code. TPhis
procedure of deferring consideration of, trade practice provisions
until they can be considered and recommended by the Code A~uthority
charged with the Admlinistration of the Code has been found very
satisfactory~ in the apparel trade.
APrticle VII: states the method of modifying or a~mending th~e code.
Article VIII contains the mandatory provisions in reference to
-------- -------moinno~pole and discrimination against all enterprises.








Article IX provides for the grradual elimination of all home work
in the industry. By May 1, 1934, all home wF5ork mIust have been
eliminated according to the provisions of this co~de.
LABOR PROVIS3IONIS OF THE-E CODE---POSSIB;LE RZEEMPLOY MENT-H~OURS
The average number of workers employed in the manufacture of
garters and suspenders in 1929 was 4,341. TChe comparable figure
for 1931 is 3,257, which indicates that there were in 1931 over 1,000
workers unemployed. It has been estimated that the men's belt
branch of the industry employed in 1929 approximately 2,000 em-
ployees, and~that th~e percentage of present unetmploylment in the
bf~elt branch is similar to that in the garter anzd suspender branch.
The average full-time work week in previous years has consisted
of 48 hours. The 40-hour week as re~omlmended in the code will
necessitate the employment of 20%/ or about 650 additional.
WAGES
The average annual wage in the suspender and garter factories was
$915 in 1929 and $715 in 1931. The wages in the mnen's belt branch
of the industry are known to be generally higher. Increase in the
ay9 roll due to the increase in the number of employees should, under
provisions of the code as recommended, amount to about 25%~.
For lack~ of definite information, it is difficult to dleterm~ine just what
effect the minimum contained in thne code wpJill have upon thle total
pay r011.
HEOME WORK

The amount of employees engaged in the industry at the present
moment in home work is variously estimated at between 700 and
1,000. Most of the concerns in the mdustryy allowing home work are
located in and around New York City. Home workers are engaged
chiefly by those members of the industry catering to the syndicate
trade. The elimination, of home work is believed to be the first step
in the effective enforcement of the labor provisions of the code.
FINDINGS
The At~dministrator finds that:
(a) The code as recommended complies in all respects with the
pertinent provisions of Title I of the A~ct, including, without limnita-
tions, Sub-Section (a) of Section VII: anrd Sub-Section (b) of Section
X thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
garter, suspender, and belt manufacturing industry; and that
(c) The code as recommended is not designed to promote monop-
olies or to eliminate or oppress small enterprises, and will not operate
to discriminate against them, rand will tend to effectuate the policy
of Title I: of the N~Jational Industrial RIecover ~Act. It is recom-
mended, therefore, that this code be immediately adopted.
Respectfully,
]HUGHt 5. JOHNBON,
Administrator.















CODE OF FAIR COMPETITION FO)R THE MWEN~'S GARTIIilER,
SUSPENTDER, AND) ]BELT Mt~ANUFAC`TURING INDUILSTRIY
PRLEABIIIU

To effectuate thre policies of T'itle I of th~e Naiona~,ln Industrial
Recovery Act, the following provisions are establirshed as a Codle of
Fair Competition for the Men's Garter, Sus~pender, and Belt M~anu-
facturing Industry, and shall be the standard of fair competition
for this Industry, and shall be binding onI every member thereof.
AnRTicL I-DEFINFITONS
1. The termn "< industry as used herein includes the mnu~rfacture
of garters and gatrter belts for men and boys, women and children;
elastic sanitary belts; suspenders and men's and boys~ separate belts
made of leather imitation leather, and/or other material and fabr-ics.
2. The terml employee as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his serv-
ices, irrespective of th nature or method of payment of such
compensation.
3. The ter member of the industry includes anyone engaged
in the industry as defined, either as an employer or on his own
behal f.
4. The term "' employer '" and the term manufacturer ", as used
herein, include anyone, for whose benefit or on, whose business such
employee is engaged and anyone engaged in said industry on hais
own behalf.
5. The terml Southern section of the United States as used
herein shall include the States of Alabama, F'lorida, Geo3rgia, M~is-
sissippi, Louisiana, Texas, Oklahoma, Arkiansas, TPennessee, North
Carolina, South Carolina, Virginia, and Wes V~irginia.
6. The term "' effective date as used herein shall :mean, and this
Code shall become effective upon, the .ffteenth (15th) day after this
Code shall have been approved by the President.
7. The terms President "Act and "Administrator as used
herein shall mean, respective ~y, the president of the United States,
the National Industrial Recovery Act, and the Administrator of said
Act.
ARTICLE II- -OURS OF LABOR

1. Except as hereinafter provided, no employee shall be permit~ted
to work in excess of forty (40) hours in any one (1) week.
2. The provisions of ttlus Article shall not applyT to watc~hme1Sn$
nor to salesmlen, nor to members of thre busns manaemets
earning more than t~hirty-five dollars ($35.00) per week.








3. Stock clerks, shipping clerks, cleaners, repair crews, engineers,!
~firemen, and electricians may be permitted to wrporkr a maximtuno
forty-four (44) hours perweek; provided, that such employees are
paid at their regular horly rate for all hours worked in excess
of forty (40) hours in any one (1) weekr.
4. No office employee shall be permitted to work in excess of forty
(40) hours in any one (1) week, except that such employees may be
permitted to work a maximum of forty-four (44) hours per week
during sixteen (16) weeks during each year provided that such em-
ployees are paid at the regular hourly ratei for all hours wi~orked in
excess of forty (40) in. any one (1) wPeek.
5. N~o ov7ertimef beyond that specifically provided for by the pro-
visions of this Code shall be permitted except upon the recomlmenda-
tion of the Code Auth-ority and the approval of the Administrator,
and under such conditions and upon such terms as the Admrinistrator
may prescribe.
6. NJo employee shall be permitted to wrorkr for a total number of
hours in excess of the number of hours prescribed for each week
whether employed by one (1) or more employers.
~ARTICLE: 111-RATE OF PA4Y

1. No employee shall be paid at less than the rate of thirty-five
cents (35d) per hour or at less than the rate of fourteen dollars
($14.00) per week of forty (40) hours, except thte cutters, in the men's
belt branch of the industry, shall be paid at nlot less than the rate
of seventy cents (704t) per hour, or not less than at the rate of twenty-
eight dollars ($28.00) per week of forty (40) hours.
2. The wage rates contained herein shall be 10% less for employees
employed in the Southern section of the U~nited States.
3. No employee shall be paid less than the minimum wages per
hour set forth in this Article, regardless of whether such employee
is compensated on a time-rate or a piece-rate basis.
4. Unltil June 1, 1934, no app~rentice shall be paid at less t~hanr the
rate of twenty-sesven. anld a half cents (271/24) per hour or at the rate
of eleven dollars ($11.00) per weekr of forty (40) hours for the first
six (6) weeks of employment and thereafter, not less than the mini-
mum wages provideda in Section 1 of this Article. The period of
aipprenticeshlp shall be strictly limited to six (6) weeks, and in no
case shall the total number of apprentices in the emnploy of any one
(1) employer be greater than ten percent (10%o) of the total employ-
ees. Any time worked by an, apprentice shall be deemed a part
of such apprenticeship period, whether such. time is worked con-
tinuously or in more than. one (1) shop, or at home workr, or for
more than one (1) employer. On and after June 1, 1934, no employee
Fshll be paid at less than the regular minimumn rate herein provided
in Section 1 of A~rticle I[II.
5. 1Emplo~yees handicapped on account of age ornmu otewis~em
be paid at the rate of eighty percent (830j%)oftemnumwe
estab~lishedc for other employees provided that in no case shall the
total number of such employees in the employ of any one (1) em-
ployer exceed five percent (5%6) of the total number of employees.







6. No employer shall reduce the weekly rate of compensation for
any employee in e~ffec~t as of JulyT 1, 1933, wPheth~er heretofore paid on
a monthly, weekly, daily, hourly, or piece rate basis, notwithlstandingrr
that the hours of such employee have been reduced by the provisions
of this Clode. The provision shall not be construed to mean that
employees employed on a part-timne basis shall receive th~e same
weekly compensation as full-time employees. No employer may
reemploy former employees at less than their previous weekly rate
of compensation.
PARTICLE rV- -ENERALi L~anon PRov;IslOws

1. No person under sixteen (16) years of age shall be emnployed
in the industry, nor anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimiental to
health. The Code Authority shall submit to thre ~Administrator
before January 1, 1934, a, list of such occupations. In any State
an employer shall be deemed to hare complied with this provision
if he shall have on file a certificate or permit duly issued by the
authority in such State empo-wered to issue employment or aIge cer-
tificates or permits showing that the, employee is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their owfn choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such :representativ-es or
in self-organilzation or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
3. No employee and no one seekn employment shall be required
as a condition of employment to join any company unjon or to
refrain from, joining, organizing, or assisting a labor organization
of his own choosing, and
4. Employers shall compl with the maximum hours of labor,
minimum rates of pay, another conditions of employSment, ap-
proved or prescribed by the Presidenlt.
5i. Within each State this Code shall nlot supersede any laws of
such State imposing more stringent requirements on employer regu-
lat~ing the age of employees, wages, hours of work, or health, fire, or
general workiing conditions than under this Code.
-6. Employers shall not reclassify employees or duties of occupai-
tions performed by employees so as to defeat the purposes of the
Act.
7. Each employer shall post in conspicuous places full copies of
this C~ode.
AnnLCex VT-ADMIINISTRATION

To further effectuate the policies of thre Act; a Code Authority is
hereby constituted to cooperate with the Administrator in the admin-
istration of this Code.
1. Orgacnization, and consti't~uton of thLe Code Authority.--(a) The
Code Authority shall consist of eleven -(11) members, of which eight
(8) members shall be appointed by the President of thie MZen's Gar-
ter, Suspender, and Belt M~anufacturers .Association, subject to the
approval of the Board of Directors of the Association, and one (1)







member shall be appointed in the first instance by the President of
the said Asssociation, subject to thne approval of the Administrator,
from members of the industry wpho are not members of said Associa-
tion, but are entitled to partcipate in the selection of the Codle Au-
thority. The method of selection of such mlember thereafter shall be
established by recommendation of the Code Authority, approvedi by
the Administrator. Two (2) remaining members, without the poweri
to vote, may be? appointed by the Administrator, and shall receive
notice of and may sit at all meetings.
(b) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall:
(1) Imrpose no inequitable restrictions on membership, and (~2) sub-
mit to the Administrator true copies of its articles of association, by-
laws, regulations and any amendments when made thereto, together
with such other Lnformation as to membership or organization an
activities as the Administrator may deem necessary to e~ffectualte the
purposes of the Act.
(c) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Admin~istrator may provide such 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, he may require an appropriate
modification in the method of selection of the Code Authority.
(d) An appeal from any action of the Code Authority affecting
the rights of any person subject to this Code may be taken to the
Administrator.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the Act, subject to the right of the Ad-
ministrator on review, to disapprove, or modify any action. tak~en by
the Code Authority:
(a) To elect officers anrd to assign to them such duties as it may
consider advisable, and to provide rules for its procedure, for the
selection of its members, and its continuance as the administrative
agency of this Code, in accordance with the terms of the Act and the
prInexples herein set forth.
oti oe(b) To receive, investigate, and adjust complaints of violations
of tis odeandbased upon such investigations anrd after such
hearing as it mnay deemn proper, to make recommendations in. respect
Ihereto to the proper authorities for thie prosecution of such. viol nations.
(c) To obtain through a confidential agency from members of the
industry periodical reports in such formn and at such times ~with re-
spect to wages, hours of labor, conditions of employment, number
employees, and such other matters pertinent t h upsso
this Code as the Code Auth~ority, with the approval of the Adlminis-
tratolr, may require for the administration and enforcement of this
Code, and to submit reports to the Atdministrator in. such form and
at such times as he mnay require in. order that the ]President may be
informed as to t~he observance or nonobservannce of this Codec and to
further effectuate the policies of the Act.
The confidential agency shall be in no way engaged Lin the indus-
try nor connectedl with any member thereof, and all reports received
by it shall be held as secret and confidential, except that they shall








be made available to the .Administrator. Such agency shall anualyze
digest! and consolidate such reports and shall disclose only genea
findings based thereon. Such general findings shall be made avail-
able to thre Code Authority and such members of the industry as have
assented to this Code.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, and to pay~ such agencies th~e cost thereof ; provridedl, that such.
agencies shall at all times be subject to and comply w~ithl the pro~vi-
sions of this Code; and provided further, that. nothing~ herein shall
relieve the Code A~uthority of any of its duties and responsibilities
thereunder.
(e) To coordinate the administration of this Code withr suchn other
codes, if any, as may be: relatedl to the Garter, Suspcnder,, and B3elt
Manufacturing Industry, or any subdivision thereof, with a view to
promiotmng joint and harmonious action upon miatter~s of common
interest.
(f) To make recommendations for fair trade practices, including
provisions against selling below cost, and otherwise to assist the
Administrator in effectingr the purpose of this Code andi the Act.
Any such recomnmendation, upon the approval of the Admiinistrator
after such hearings and no~tice? as he shall prescribe, shall become
a part of this Code.
(g) Alembers of the industry shall be entitled t~o participate in
adshare the benefits of the activities of the Code Authority by
assenting t.o and complying wiith thle requirements of this Code and
sustaining their reasonable share of thle expenses of its adtministra-
tion. The reasonable share of the expenses of the admninistr~ationn
shall be determined byr the Code Auth~ority-, subject to review by the
Adin~IIISlistrator, on lthe baitls of vollllum of. buinjless andL/or suLch other
factors as may be deemed equitable to be taken into conlsid-eration.
(h) To provide for a special N.TR.A. label for the industryan
to cooperate with the A~dministrzt~or in regulat~ingr the useofuc
labl ollyn by those employers who have assented to and are
(i) To recommlend a uniform cost anld accounting system for the
industry which upon approval by the Administrator shall be ulsed
as the basis for all reports. Each memlber of the industry shall use
such standard system to the extent necessary to enable such member
to submit, such cost data and other information as the Code Author-
itSy may' require mn accordance with the provisions of this Code.
3. In addition to th3e information required to be submitted to the
Code Authority, there shall be furnished to government agencies
such statistical information as the Administrator may deem neces-
saryfor heprp'oses recited in Sectionl 3 (a) of the Act.
sr4. Thefo ChIrod Auth~ority shall study provisions relat~ingr to trade
practices and the observance theref, and may make recommenda-
tions thereon to the Administrator. UCpon t~he approval of the
Administrator and after such notice and hearings as he may pre-
scribe, such recommendations or any par of them shall become a
part of this Code and shall have full frce and effect as provision
hereof.







Anrict V~I-MOrDIFICATION
1I. This Code and all the provisions thereof are expressly made
subject to the right of the 1President, in accordance with the provi-
sions of subsection (b) of Section 10 of the NiJational Industrial
Recoveryr Act, from timae 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 conditions
imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes inl circumstances, such
modification to be based upon application by th Code A~uthority to
the Adminristrator and such notice and hearing as he shall specify,
and to become effective onu approval of the Presidenlt.

ARTICLE VII-MONOPOLIES, ]Eva.
No provision of this Code shall be so applied as to permit
monopolies or monopilistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
LAnRicia VIII-H-E~ OMEWORK
1. No home work shall be permitted byr employers after M~ay 1,
1934. AQfter March 1, 1934, nlo employer shall employ more than
sixty percent (600fo) of the number of home workers employed by
him as of September 1, 1933.
2. U~Tntil May 1, 1934, no work shall be permitted in any home by
employers unless and until evidence has bee~n presented to thle Code
Authority, as agent for the Adm~inistrator, that all State, municipal,
and other laws and regulations relating to home work have been
complied with and unless the names and addresses of such home work-
ers and their employers shall have been filed with the Code Authority.
3. The Code Aut~hority shall file with the Administraltor a list of
the names and addresses of all home workers employedl in the indus-
try and shall indicate by whom all such home workers are employed.
4. No home wmorkzer shall be engaged at the same time by :more than
one employer.
5i. All home workers shall be paid on the same piece-rate basis as
factory employees engaged in similar wvor~k.
6. C~o ies of A8rticles II, III1, and VTIII, of this Code shall be
supp let all home workers.




Full Text

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ililll 3 1262 08483 0180 R e gistry No. 271-t-ot NATIONAL RECOVERY ADMINIS T R ATIO N CODE OF FAIR COMPETITION FOR THE MEN'S GARTER, SUSPENDER, AND BELT MANUFACTURING INDUSTRY AS APPROVED ON NOVEMBER 4, 1933 BY PRESIDENT ROOSEVELT WE DO OUR PARt 1. Executive Order 3. Codt • • • • Q -UNITED STATES GOVERNMENT PRINTIN G OFFICE WASHINGTON : 193 3 i'or sale by the Superintende.at of Dacuments, Washin;;tton, D.C. ----• --Price 5 cent. --. -v

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This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Po t Office Building. Birmingham, Ala.: 257 Federal Building. Bo ston, Mass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. Detroit, Mich.: 2213 First National Bank Building. Houston Tex. : Chamber of Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. Jacksonv ille, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky. : 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 F ederal Building. New Orleans, La.: Room 225-A, ustornhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 Ea t Plume Street. Philadelphia, Pa. : 933 Commercial Trust Building. Pittsburgh, Pa. : Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Fra ncisco, Calif. : 310 Customhouse. Seattle, Wash.: 809 Federal Building. (ll)

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EXECUTIVE ORDER ConE OF FAIR CoMPETITION FOR THE MEN's GARTER, SuSPENDER, AND BELT MANUFACTURING INDUSTRY An application having been duly made, pursuant to and in :full compliance with the provisions of tipe I of the National Industrial Recovery Act, approved June 1393).. for my approval of a Code of Fair Competition for the Men's uarter, Suspender, and Belt 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 recommenda tions and findings with respect thereto, and the Administrator hav .. ing 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 B of the said act have been met: NOW, THEREFORE, I, Franklin D. Roosevelt, President of the United States, pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendatiol::l_:_s, and findings of the Administrator and do order that the said code of fair competition be and it is hereby approved. THE WRITE HousE, November 4,1933. Approval recommended: HuGHS. JoHNsoN, Administrator. FRANKLIN D. ROOSEVELT. (W) 19512----188-162----83

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NOVEMBER 2, 1933. The PRESIDENT, The White H owM. Srn: The public hearing on the Code of Fair Competition :for the men's garter, suspender, and belt-manufacturing industry,( as proposed b:y the Men's Garter, Suspender, and Belt Associatwn, Inc., was conducted in Washington on October 9, 1933. Every person who requested an appearance was :fairly heard in ac cordance with statutory and regulatory requirements. The Code has the approval o:f the Labor, Industrial, and Consumer Advisory Boards of the National Recovery Administration, and of the Legal Division. The Chairman of the Code Committee of the submitting Association, upon authorization o:f the Committee, has also indicated .his approval of the final draft o:f the Code on behalf o:f the industry. DESCRIPTION OF THE INDUSTRY The industry as defined in the Code includes the manufacture o:f elastic sanitary belts, garters and garter belts :for men and boys, women and children, and the manufacture of men's and boys' sep .arate belts. The commodities included within the scope o:f the Code as recommended are, in some ways, related more through the activi ties of the manufacturers in the several branches and through com mon points and channels of sale than through physical characteristics and similarity of manufacturing technique. Thus men's belts are not physically akin to a pair o:f garters, but numerous manu. :facturers make both as well as other products, and both are marketed through the same trade channels. It is believed that the grouping of products under this Code is as nearly correct and generally satisfactory as can be obtained. The industry 1nay be said to center in the Eastern Seaboard States, particularly in N e w York and the New England States, although one of the larger members of the industry i s located in Chicago. Most all of the concerns in the industry catering to the syndicate trade are located within a radius o:f one hundred miles o:f New York City. The industry performs practically entirely a converting or as s embling :function, nearly all o:f the manufacturers with one con spicuous exception buying the materials that are r quired in making garters, suspenders, and belts. Perhap due to the comparatively small size o:f the indu try, there has b een no tremendous developmont in recent years in tho mechanical equipment of :factories. In general, regulation sewing machin s are used in the production o:f garters and suspend rs. Recent years have seen increasing importance laid upon the style elements 1n the industry. With the return o:f fancy webbing tor the u se of " braces " and the increas d con umption of portw ar articles, the style factor in the past few has becom an important :factor in the industry. (IV)

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v Generally speaking, the industry has been one which has bene. fitted by a harmonious relationship with labor. Of the 4,300 em ployees in the industry in 1929, hardly more than 100 were members of any union. The .interests of labor were well represented in the development of the Code by the Labor Advisory Board. RESUME OF THE CODE Article I sets forth certain definitions. Article II contains the maximum hour provisions of the Code. The hours of productive workers are limited to 40 in each week, except that slightly longer hours are allowed office workers, main tenance employees, etc. The maximum hour provisions do not apply to watchmen, salesmen, or executives. Further overtime may be granted upon recommendation of the Code Authority and approval of the Administrator upon such terms as the Administrator may prescribe. Article III sets forth the minimum wage provisions. A basic minimum of Fourteen ($14.00) Dollars per week for all employees is provided for with the exception that the minimum for cutters in the men's belt branch of the industry is set at Twenty-eight ($28.00) Dollars per week. There is an apprentice clause contained in this Article providing for the hiring of apprentices at the rate of Eleven ($11.00) Dollars per week; this clause is, however, effective only until June 1, 1934, or until shortly after all homework in the industry will have been eliminated in accordance with Article X of this Code. Article IV eliminates child labor and contains the labor provisions mandatory under the Act. Article V provides for the establishment of a Code Authority. This body, consisting of 11 members, is charged with the regular duties and responsibilities of administering the Code. Nine of the members are to be appointed by the president of the Men's Garter, Suspender, and Belt Manufacturers' Association, Inc. One of these 9 members must be selected from those members of the industry not members of the Association. The 2 remaining members, without voting power, are appointed by the Administrator. This Article provides for the establishment of a confidential agency to secure for and to submit to the Code Authority information necessary to the proper administration of the Code. The Code Authority is also empowered to recommend a uniform costing system for use in the industry-basic to the securing of information necessary for the enforcement of certain trade practice provisions. The Code Authority is also empowered to recommend to the Administrator for his approval, trade practice provisions. Upon the approval of the Achninistrator, trade practice provisions so rec ommended by the Code Authority become a part of the code. This procedure of deferring consideration of trade practice provisions until they can be considered and recommended by the Code Authority charged with the Administration of the Code has been found very satisfactory in the apparel trade. Article VII states the method of modifying or amending the code. Article VIII contains the mandatory provisions in reference to monopolies and discrimination against all enterprises.

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VI Article IX provides for the gradual elimination of all home work in the industry. By May 1, 1934, all home work must have been eliminated according to the provisions of this code. LABOR PROVISIONS OF THE CODEr-POSSIBLE REEMPLOYMENT-HOURS The average number of workers employed in the manufacture of garters and suspenders in 1929 was 4,341. The comparable figure for 1931 is 3,257, which indicates that there were in 1931 over 1,000 workers unemployed. It has been estimated that the men's belt branch of the industry employed in 1929 approximately 2,000 em ployees, and that the percentage of present unemployment in the belt branch is similar to that in the gart-er and suspender branch. The average full-time work week in previous years has consisted of 48 hours. The 40-hour week as recommended in the code will necessitate the employment of 20% or about 650 additional. WAGES The average annual wage in the suspender and garter factories was $915 in 1929 and $715 in 1931. The wages in the men's belt branch of the industry are known to be generally higher. Increase in the pay roll due to the increase in the number of employees should, under the provisions of the code as recommended, amount to about 25%. For lack of definite information, it is difficult to determine just what effect the minimum contained in the code will have upon the total pay roll. HOME WORK The amount of employees engaged in the industry at the present moment in home work is variousl;Y estimated at between 700 and 1,000. Most of the concerns in the Industry allowing home work are located in and around New York City. Home workers are engaged chiefly by those members of the industry catering to the syndicaw trade. The elimination of home work is believed to be the first step in the effective enforcement of the labor provisions of the code. FINDINGS The Administrator finds that: (a) The code as recommended complies in all respects with the pertinent provisions of Title I of the Act, including, without limitations, Sub-Section (a) of Section VII and Sub-Sectwn (b) of Section X thereof; and that (b) The applicant group imposes no inequitable restrictions on admission to membership therein and is truly representative of the garter, suspender, and belt manufacturing industry; and that (c) The code as recommended is not designed to promote monop olies or to eliminate or oppress small enterpnses, and will not operate to discriminate against them, and will tend to effectuate the policy of Title I of the National Industrial Recovery Act. It is recom mended, therefore, that this code be immediately adopted. Respectfully, HuGH S. JoHNsoN, A dtminilltratcn-.

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CODE OF FAIR COMPETITION FOR THE MEN'S GARTER, SUSPENDER, AND BELT MANUFACTURING INDUSTRY PREAMBLE To effectuate the pol icies of Title I of the National Industrial Recovery Act, the following provisions are established as a Code o Fair Competition for the Garter, Su pender, and Belt facturing Industry, and shall be the standard of fair competition for this 1ndus try, and shall be binding on every member thereof. ARTICLE I-DEFINITIONS 1. The term " industry " as used herein includes the manufacture of garters and garter belts for men and boys, women, and chi ldren; elastic sanitary belts; suspenders and men's and boys' separate belts made of leather1 imitation leather, andjor other material and fabrics. 2. The term ' employee " as used herein includes anyone engaged in the industry in any capacity receiving compensation for his serv ioos, irrespective of the nature or method of payment of such compensation. 3. The term " member of the industry " includes anyone engaged in the industry as defin ed, either as an employer or on his own behalf. 4. The term "employer" and the ter1n "manufacturer", as used herein, include anyone for whose b ene fit or on whose business such employee is engaged and anyone engaged in said industry on his own behalf. 5. The term " Southern section of the United States" as used herein shall include the States of Alabama, Florida, Georgia, Mis sissippi, Louisiana, Texas, Oklahoma, Arkan as, T ennessee, North Carolina, South Carolina, Vir?inia, and West Virginia. 6. The term "effective date' as used herein shall mean, and this Code shall become effective upon, the fifteenth (15th) day after this Code shall have been approved by the President. 7. The terms "President" "Act" and "Administrator", as used herein shall mean, respectively, the President of the United StatesJ the National Industrial Recovery Act, and the Administrator of said Act. ARTICLE II-HOURS OF LABOR 1. Except as hereinafter :provided , no employee shall be permitted to work in exce ss of forty ( 40) hours in any one ( 1) week. 2. The provisions of this Article shall not apply to watchmen,% nor to salesmen, nor to members of the business management statt earning more than thirty-five dollars ($35.00) per week. (1)

PAGE 8

2 3. Stock clerks, shipping clerks, cleaners, repair crews, engineersl firemen, and electricians may be permitted to work a maximum or forty-four ( 44) hours per week; provided, that such employees are paid at their regtliar hourly rate for all hours worked in excess of forty ( 40) hours in any one ( 1) week. 4. No office employee shall be permitted to work in excess of forty ( 40) hours in any one (1) week, except that such employees may be permitted to work a maximum of forty-four (44) hours per week during sixteen (16) weeks during each year provided that such em ployees are paid at the regular hourly rate for all hours worked in excess of forty (40) in any one (1) week. 5. No overtime b eyond that specifically provided for by the provisions of this Code shall be permitted except upon the recomn1endation of the Code Authority and the approval of the Administrator, and under such conditions and upon such terms as the Administrator may prescribe. 6. No employee shall be permitted to work for a total number of hours in excess of the number of hours prescribed for each week whether employed by one (1) or more employers. ARTICLE III-RATES OF pAY 1. No employee shall be paid at less than the rate of thirty-five cents (35) per hour or at less than the rate of fourtee . n dollars ($14.00) per week of forty (40) hours, except the cutters, in the men's belt branch of the industry, shall be paid at not less than the rate of seventy cents (70) per hour, or not less than at the rate of twentyeight dollars ($28.00) per week of forty ( 40) hours. 2. The wage rates contained herein shall be 10% less for employees employed in the Southern section of the United States. 3. No employee shall be paid less than the minimum wages per hour set forth in this Article, regardless of whether such employee is compen sated on a time-rate or a piece-rate basis. 4. Until June 1, 1934, no apprentice shall be paid at less than the rate of twenty-seven and a half cents (27lj2) ,Per hour or at the rate of eleven dollars ($11.00) per week ot forty ( 40) hours for the first six (6) weeks of employment and thereafter, not less than the minimum wages provided in Section 1 of this Article. The period of apprenticeship shall be strictly limited to six (6) weeks, and in no case shall the total numbe r of apprentices in the employ of any one (1) employ e r b e greater than ten percent (10%) of the total employ ees. Any time worked by an apprentice shall be deemed a part of su c h apprenticeship period, whether such time is worked continuously or in m ore than one (1) s hop, or at home work, or for more than one (1) employer. On and after June 1, 1934, no employee shall be paid at l e than the regular minimum rate herein provided in S e ction 1 of Article III. 5. Employees handicapped on ac count of age or otherwise may b paid at the rate of ejghty p ercent ( 80% ) of the minimum wage s tabli s h e d for oth r employee provid d that in no cu.se shall the total numbe r of such mployee s in the mploy of any one (1) employer e xce e d five p ercent (5 % ) of the total number of employees.

PAGE 9

3 6. No employer shall reduce the weekly rate of compensation for any employee in effect as of July 1, 1933, whether heretofore paid on a monthly, weekly, daily, hourly, or piece rate basis, notwithstanding that the hours of such employee have been reduced by the provisions of this Code. The provision shall not be con trued to mean that employees emp loyed on a part-time basis shall receive the same weekly comp ensation as full-time employees . No employer may reemploy former employees at less than their previous weekly rate of compen s ation. ARTICLE IV-GENERAL LABO R PROVISIONS 1. No person under sixteen (1 6) years of age shall be employed in the industry, nor anyone under eighteen (1 8) years of age at operations or occupatio ns hazardous in nature or detrimental to health. The Code Authority shall submit to the Administrator before January 1, 1934, a list of such occupations. In State an employer shall be deemed to have complied with this 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 the employee is of the required age. 2. Employees shall have the right to org anize and bargain col lectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their ag-ents, in the designation of such representatives or in self-organizatwn 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 company or to refrain from joining, organi zing, or assisting a labor organization of his own choosing, and 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. Within each State this Code shall not supersede any law s of such State imposing more stringent requirements on employer regulating the age of emplo1ees, wages, hours of work, or health , fire, or general working conditions than under this Code. 6. Employers shall not reclassify employees or duties of occupa tions performed by employees so as to defeat the purposes of the Act. 7. Each employer shall post in conspicuous places full copies of this Code. ARTICLE V-AnMili.TISTRATION To further effectuate the policies of the Act; a Code Authority is hereby constituted to cooperate with the Administrator in the admin-istration of this Code. . 1. Organization and constitution of the Oode Authority.-(a) The Code Authority shall consist of eleven -(11) members, of which eight (8) members shall be appointed by the President of the Men's Garter, Suspender and Belt Manufacturers Association, subject to the approval of the Board of Directors of the Association, and one ( 1)

PAGE 10

4 member shall be appointed in the first instance by the President of the said Association, subject to the approval of the Administrator, from members of the industry who are not memoors of said Associa tion, but are entitled to participate in the selection of the Code Authority. The method of selection of s uch mmnber thereafter shall be by recommendation of Code approved by the Adm1n1strator. Two (2) rema1n1ng members, W1thout the power to vote, may be appointed by the Administrator, and shall receive notice of and may sit at all meetings. (b) Eac h trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall: (1) Impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its articles of association, by laws, regulations1 and any amendments when made thereto, together with such other mformation as to m embership or organization and activities as the Administrator may deem necassary to effectuate the purposes of the Act. (c) In order that the Code Authority shall at all times be truly representative of the industry and in other respects comply with the provisions of the Act, the Administrator may provide such hearings as he may deem proper; and 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 Act1 he may require an appropriate modification in the method of selectwn of the Code Authority. (d) An appeal from any action of the Code Authority affecting the rights of any person subject to this Code may be taken to the Administrator. 2. The Code Authority shall have the following duties and powers to the extent permitted by the Act, subject to the right of the Administrator on review, to disapprove, or modify any action taken by the Code Authority: (a) To elect officers and to assign to them such duties as it may consider advisable, and to provide rules for its procedure, for the selection of its members, and its continuance as the administrative agency of this Code, in accordance with the terms of the Act and the principles herein set forth. (b) To receive, investigate, and adjust complaints of violations of this Code, and bas e d upon such investigations and after such hearing as it may deem proper, to make recommendations in respect .hereto to the proper authorities for the prose cution of such violations. (c) To obtain through a confidential agency from members of the industry periodical reports in such form and at such times with re spect to wages, hours of labor, conditions of employment, number of employees, and such other matters pertinent to the purposes of this Code as the Code Authority, with the approval of the Administrator, may require for the administration and enforcement of this Code, and to submit reports to the A ministrat.or in such form and at such times as he may require in order that the President may be informed a.s to the observance or nonob erva nce of this Code and to further effectuate the policies of the Act. The cunfid ntial a ency shall be in no way engaged in the industry nor conne ted with any member th reo, and a ll reports received by it shall be held as secre t and confidential, xc pt that they shall

PAGE 11

5 be made available to the Administrator. Such agency shall analyze digest, and consolidate such reports and shall d1sclose only general findings based thereon. Such general findings shall be made avail able to the Code Authority and such members of the indu try as have assented to this Code. (d) To use such trade associations and other agencies as it deems proper for the carrying out of any of its activities provided for herein, and to pay such agencies the cost thereof; provided, that such agencies shall at all times be subject to and comply with the provisions of this Code; and provided further, that nothing herein shall relieve the Code Authority of any of its duties and respons ibilities thereunder. (e) To coordinate the administration of this Code with s uch other codes, if any, as may be related to the Garter, Sus pender, and B elt Manufacturing Industry, or any subdivision there of, with a view to promoting joint and harmonious action upon matters of common interest. (f) To make recommendations for fair trade practices, including provision s against selling below cost, and otherwi s e to assist the Administrator in effecting the purpose of this Code and the Act. Any such recommendation, upon the approval of the Adlnini trator after such hearing and notice as he shall prescribe, shall become a part of this Code. (g) Members of the industry shall be entitled to participate in and share the b e nefits of the activities of the Code Authority by assenting to and complying with the requirements of this Code and sustaining their reasonable share of the expenses of its a lministration. The reasonable share of the expenses of the administration shall be determined by the Code Authority, subject to review by the Adn1inistrator, on the basis of volume of business and/ or such other factors as may be deemed equitable to be taken into consideration. (h) To provide for a special N.R.A. label for the industry and to cooperate with the Administrator in regulating the use of such labe l solely by those employers who have assented to and are complying with this Code. (i) To recommend a uniform cost and accounting system for the industry which upon approval by the Administrator shall be used as the basis for all reports. Each member of the industry shall use such standard system to the extent necessary to enable such member to submit such cost data and other information as the Code Authority may require in accordance with the provisions of this Code. 3. In addition to the information required to be 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. 4. The Code Authority shall study provisions relating to trade practices and the obser vance thereof, and may make recommenda tions thereon to the Administrator. Upon the approval of the Administrator and after such notice and hearings as he may pre scribe, such recommendations or any part of them shall become a part of this Code and shall have full force and effect as provisions hereof.

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6 ARTICLE VI-MODIFICATION 1. T h is C o d e and all the provisions thereof are expressly made subj ec t to the right of the President, in accordance with the provisions of s ubsection (b) of Section 10 of the National Industrial Rec o very Act, from time to time to cancel or modify any order, approval, licens e , rule , or regulation iss ued under Title I of said Act and specifi c ally, but without limitation, to the right of the President to canc e l or modify his approval of this Code or any conditions impo s ed by him upon his approval thereof. 2. This C ode, except as to provisions required by the Act, may be modifi ed on the ba s is of exp e rience or changes in circumstances, such modifi cation to be based upon application by the Code Authority to the Administrator and such notice and hearing as he shall specify, and to become effecti v e on approval of the President. ARTicLE VII-MoNOPOLIEs, ETo. No provision of this Code shall be so applied as to permit monopolies or monopilistic practices, or to eli1ninate, oppress, or discriminate against small enterprises. ARTICLE VIII-HoMEWORK 1. No home work shall be permitted by employers after May 1, 1934. After March 1, 1934, no employer shall employ more than sixty percent (60%) of the number of home workers employed by him as of September 1, 1933. 2. Until May 1, 1934, no work shall be permitted in any home by employers unless and until evidence has been presented to the Code Authority, as agent for the Administrator, that all State, municipal, and othe r laws and regulations relating to home work have been compli e d with and unless the names and addresses of such home workers and their employers shall have been filed with the Code Authority. 3. The Code Authority shall file with the Administrator a list of the name s and addresse s of all home workers employed in the industry and shall indicate by whom all such home workers are employed. 4. No home worker shall be engaged at the same time by more than one e mployer. 5. All home workers shall be paid on the same piece-rate basis as facto:r:y employees engaged in similar work. 6. Copi es of Articles II, III, and VIII, of this Code shall be supplied all home workers. 0