Citation
Amendment to code of fair competition for the robe and allied products industry as approved on April 26, 1934

Material Information

Title:
Amendment to code of fair competition for the robe and allied products industry as approved on April 26, 1934
Portion of title:
Robe and allied products industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
6 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Robes -- United States ( lcsh )
Clothing and dress -- 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. 204-1-02."
General Note:
"Approved Code No. 211--Amendment No. 1."

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:
005049593 ( ALEPH )
63654183 ( OCLC )

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IND ALLIED PRODUCTS


.I. INDUSTRY






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AS APPROVED ON APRIL 26, 198



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This publication ifor-sale by the Superintendent of Documents 00V
Printing Office, Wptsington, D.C., and. by district 00lces of the 3
Foreign and Domesi Commerce,
DISTRICT OFFICES.OF TH DPRTMENT.. OF COMMERCE
Atlanta,, Ga.: 5N4 Post Office Building.
Birmingha 1 Ala..: 257 Federal Building.
Boston, Mas&.: 1801 Customhouse.
Buffalo, NY-, Chamber of Commerce Building.
Charleston B.C.: Chamber of Commerce Building.
Chicago, Il.: Suite 1706, 2D01 North Well.% Street.
Cleveland, Ohio. Chamber of Commerce.
Dallas, Tex.., Chamber of Commerce Building.
Detroit, Mch.: -801 First National Bank Building..:
Houston, Tex.:-4 Chamber of Commerce Building.
Indianapoli, Ind.: Chamaber of Commerce Building.
Jacksonvile, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louiqville Ky.: 408 ]Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapols, -Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York N.Y. : 734 CUstomhouse.
Norfolk, V.: 406 East Plume Street.
Philadelphia, Pa., 422 Commerial.Trust Building.
Pittsburgh Pa.: Chamber of Commerce Building.
Portland, Oreg. : 215 New Post Office Building.
St. Louis, Mo., 506 Olive Street.
San Francisco, Calif.. 310 Customhous ne.
Seattle, Wash.: 8C9 Federal Office Building.









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|i Appe" ie No. 211--Amendment No. 1

I' A :::..iT TO CODE OF FAIR COMPETITION

FOR THE

|::-ALLTEDJ PRODUCTS INDUSTRY

.. As Approved on April 26, 1934'
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ORDER
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I i rNT- To CODE OF FAIR COMPETITION FOR THE ROBE AND
'.ALLIED PRODUCTS INDUSTRY
?;An application having been duly made pursuant to and in full
C Fqi.apliance with the provisions of Title I of the National Indus-
Strital Recovery Act, approved "June 16, 1933, for approval of certain
wn:iiidndments to the Code of Fair Competition for the Robe and
J."Alied Products Industry, and Hearings having been duly held
:!i;: a :i and the enclosed report on said amendments containing find-
i dI.::iWrh respect thereto having been made and directed to the
: NOWW, HEREFORE, I, Hugh S. Johnson, Administrator for
: d dsrial Recovery, on behalf of the President of the United States,
:Iu:.,;arsant to authority vested in me by executive orders of the Presi-
d: .lent including Executive Order No. 6543-A, dated December 30,
0i: :i.*4 'ad otherwise; do hereby refer to said annexed report and do
the said amendments and the Code as constituted after being
Am::' ended, comply in all respects with the pertinent provisions and
Swill. tend to promote the policies and purposes of said Title and said
I. 4 and do hereby order that said amendments be and they are
lireby approved, and that the previous approval of said Code be
i idad it is hereby modified to include an approval of said Code in its
entirtfety as amended.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
i Aii:pp)roval recommended:
IS::.: ..SOL A. ROBENBLATT,
SDivision Administrator.



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those already proposed were also presented for consideration. I
proposed amendments in their final form are summarized herewi
The first amendment limits the working week of clerical agid..Jii
workers and shipping and stock room employees to five and don-iM
(5) days per week, and permits employment of such e o *a
ten (10) hours per day dVring a limited period. ..i ,:
The second amendment modifies th-Code in accordance wipiip
Executive Order relating to handicapped employees. '
The third amendment increases the maximum number 6 peL
on the Code Authority from.,twelve (12) to fifteen (15) by' pro
for two (2) members to be elected by the Bath Robes Produ rs'
ciation of the United States, Inc., and one additional memboe
elected by the Robe Industry Association of America, -Inc. ''
The fourth amendment grants to the Code Authority the poi'.wt
incorporate itself.
The fifth amendment grants to the Code Authority the p. iw i
assess and collect from members of the Industry an equitable -6 j
proportionate payment of the reasonable expenses of maintii
the Code Authority and its activities.
The sixth amendment grants to the Code Authority the pow :fl:
make recommendations for the modification or amendment of tBi
Code and provides that such recommendation, upon the approval:.
the Administrator, shall become effective as part of such Code,
The seventh amendment clarifies and amplifies the present f
vision relating to the return of merchandise by prohibiting excharil
and allowances.
The eighth amendment relates to prison labor and is in conform d
with the prison labor pact. :
FINDINGS
The Deputy Administrator in his final report to me OMi l
amendments to said Code having found as herein set forth
the basis of all the proceedings in this matter:
I find that:
(a) The amendments to said Code and the Code as amen
well designed to promote the policies and purposes of Title. I
(2)



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oerativTe action among trade groups, by inducing and main-
g united action of labor an., management under adequate
i* m fentar sanction and supervision, by eliminating unfair com-
tie practices, by promoting. the fullest possible utilization of the
productive capacity of industries, by avoiding undue restric-
I pr~ductioa (except as may be temporarily required), by
eating the consumption of industrial and agricultural products
inh increasing purchasing power, by reducing and relieving
yrnen, by improving standards of labor, and by otherwise
ing industry. ,
)'th Code as amended complies in all respects with the perti-
r povisi ons of said Title of said Act, including without limitation
a oi (a)' of Section 3, Subsection (a) of Section 7, and Sub-
gpi I & (b)Qf .Section 10 thereof.
i t. Wehe Code empowers the Code Authority to present the
J es"id amendments on behalf of the Industry as a whole.
4', ) 'The amendment and the Code as amended are not designed
I, an:, d will not permit monopolies or monopolistic practices.
!i: (e) The amendments and the Code as amended are not designed
il to and will not eliminate or oppress small enterprises and will not
Io' operate to discriminate against them.
'.(f) Those engaged in other steps of the economic process have
nt ioet been deprived of the right to be heard prior to approval of said
amendment.
F'il or these reasons, these amendments have been approved.
S Respectfully,
HucH S. JOHINON,
Administrator.
l i;l :: i 26, 1934.












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(5/2) daysin any seven (7) day period except tha&tsch-;
may be permitted to work not in excess of forty-eigrt T
in any one week and not in excess of ten '(10) hoursin
four (24) hour period and not in excess of five and obn
days in any seven (71 day period during a maximum a
(16) weeks in any calendar year, provided- that: int
year the total number of hours worked by any such e
not exceed an average of forty (40) hours er w .
purposes of this Section their fraction 'one-half )' day sh
four (4) hours."
Amend Article IV, Section 5 to read as follows:
"A person whose earning capacity is limited becal w'e
physical or mental handicap, or other infirmity, may be em
on light work at a wage below the minimum established b
Code, if the employer obtains from the State Authority, dsi
by the United States Department of Labor, a certificate autji
such person's employment at such wages and for such hours
be stated in the certificate. Such authority shall be .gudid..
instructions of the United States Department of Laborir I'..
certificates to such persons; Each employer shall file mountil r
the Code Authority a list of all such persons employ $I 1 1i
showing the wages paid to, and the maximum hours: "of 'w lij
such employee." .
Amend Article VI, Section 2 to read as follows:
"Said Code Authority shall consist of not more than fifteeiVI
members, to be selected in the manner hereinafter set forth: i
"(a) Eight (8) members shall be elected by Robe Ind1
sociation of America, Inc., subject to the approval,"
Administrator.
(b) Two (2) members shall be elected by Bath tobes~; Pro4
Association of the United States, Inc., subject to thM approvsi
the Administrator.
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Sor ns u aunuorzeu representative snani supervise sala election.
.(d) In addition to the foregoing the Administrator may appoint
nirore than three (3) additional members, who shall be without
Stb- represent the Administrator and/or such other interest or
sas may be determined upon. Should the Administrator ap-
mist a member, or members, to represent the Administrator, such
a ber,r members, shall serve without expense to the Industry."
4i;mlend Article VI, Section. (a) to read as follows:
i :T incorporate itself and adopt bylaws, and rules and regula-
tions f~l r .its procedure and for the administration and enforcement
Aifc this Code, and to submit the same to the Administrator for his
.pprc~~ a'l, 'together with true copies of any amendments or additions
:w n ~ade thereto, minutes of meetings when held, and such other
~i fiOct tion as to its activities as the Administrator may require."
i .Amend Article VI, Section 7 (i) to read as follows:
ST::"T assess and collect from members of the Industry an equitable
I: :..id-proportionate payment of the reasonable expenses of maintain-
Uii:.g the Code Authority and its activities, subject to the approval
r of the Administrator."
.. Amend Article VI, Section 7 (k) to read as follows:
: -" To initiate, consider, and make recommendations for the modi-
!vfication or amendment of this Code, which recommendations upon
Pthe approval of the Administrator shall be binding on all members
L: of the Industry as a part of this Code."
I :':Amend Article VIII, Section 6 to read as follows:
'i: "cMeichandise covered by the provisions of this Code sold and
S- :ddlivered by members of the Industry where there has been full
io mpliance with an order or contract shall not be accepted by such
*!ib:l rsi for return or exchange nor shall any allowance be granted
:...n countt of such merchandise. No member of the Industry shall
. sell any merchandise on approval or with the privilege to return."
i: iAmbnd Article VIII by adding a new Section 15, as follows:
":*. No merchandise shall be manufactured for any member of the
:i ~ ustry in any prison, prison camp, penitentiary, reformatory, or
other correctional institution, or in any place by means of prison
labor, except in any such institution hereinbefore described which
has subscribed to or may hereafter subscribe to this Code or any
Compact between the several states-of the United States, or has en-
Stered into or may hereafter enter into a binding agreement of any
i other nature which satisfies the Administrator that merchandise
.produced in such institution or by the inmates thereof, will not be
scld except upon a fair competitive basis with similar merchandise
o*t r so produced.
"N::!: thing in this section shall be construed to supersede or inter-
ilere with the operation of the Act of Congress approved January 19,
S1929 being Public, No. 669 of the 70th Congress and entitled 'An Act
divest goods, wares, and merchandise manufactured, produced or

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Full Text

PAGE 1

Registry No. 204-1-02 NATIONAL RECOVERY ADMINISTRATION 4\MENDMENT TO \ CODE OF FAIR COMPETITION FOR THE ROBE AND ALLIED PRODUCTS INDUSTRY AS APPROVED ON APRIL 26, 1934 WE DO OUR PARr UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of D ocument3 , Washington, D.C. - • Price 5 cents v

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Wa&hington, D.O., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga. : GO-! Post Office Building. Birmingham, Ala. : 257 Federal Building. 1\lass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charle ton, S.C. : Chamber of Commerce Building. Chicago, Ill.: S uite 1706, 201 North Wells Street. CleYeland, Ohio: Chamber of Commerce. Dallas, 'l'ex.: Chamber of Commerce Building. Detroit, Mich. : 801 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indi::mar)olis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, l\Io.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Loui9ville, Ky.: 408 Federal Building. l\Iemphis, Tenn. : 22() Federal Building. Minneapolis, Minn. : Federal Building. New Orleans, La. : Room 225-A, Customhouse. New York, N.Y.: 734 Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: ' 122 Commercial Building. Pittsburgh, Pa.: Chamber of Commerce Buildiug. Portland, Oreg.: 215 New Post Office Duildiug. St. Louis, l\Io.: 506 Olive Street. Snn Francisco, Calil'.: 310 S eattle, \Y ash. : S C O Federal Office BuilcVng.

PAGE 3

Approved Code No. 211-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE ROBE AND ALLIED PRODUCTS INDUSTRY As Approved on April 26, 1934 ORDER AMENDMENTS TO CoDE OF FAIR CoMPETITION FOR THE RoBE AND ALLIED PRODUCTS INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933 , for approval of certain amendments to the Code of Fair Competition for the Robe and Allied Products Industry, and Hearings having been duly held thereon and the enclosed report on said amendments containing findings with respect thereto having been made and directed to the President: NO,V, THEREFORE, I, Hugh S. Johnso n , Administrator for Industrial Recovery, on behalf of the President of the United States, pursuant to authority vested in me by executive orders of the President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby refer to said annexed report and do find the said amendments and the Code as constituted after being amended, comply in all respects with the pertinent provisions and will tend to promote the policies and purposes of said Title and said Act, and do hereby order that said amendments be and they are hereby approved, and that the previous approval of said Code be and it is hereby modified to include an approval of said Code in its en6rety as amended. HUGH s. JOHNSON' Administrator for Indust? 'ial Recovery. Approval recommended: SoL A. RosENBLATT, Division Adn-dnistrator . D.C., April 26, 1934. 53091----482-160----34 (1)

PAGE 4

REPORT TO THE PRESIDENT The PREsiDENT, The White H O'USe. Sm: An application has been duly made pursuant to and in full compliance with the provisions of Title I of the National Recovery Act for certain amendments to the Code of Fair Competition for the Robe and Allied Products Industry, and hearings were conducted on said in vVashington, D.C., on l\Iarch 23, 1934. Ten proposed amendments were submitted by the Code Authority but during the course of the Hearing two of these propose d amendments were withdrawn and certain other amendments relative to those already proposed were also presented for consideration. The proposed amendments in their final form are summarized herewith. The first amendment limits the working week of clerical and office workers and shipping and stock room employees to five and one-half (5) days per week, and permits employment of such workers for ten ( 10) hours per day during a limited period. The second amendment modifies Code in accordance with the Executive Order relating to handicapped employees. The third amendment increases the maximum number of persons on the Code Authority from twelve (12) to fifteen (15) by providing for two (2) members to be elected by the Bath Robes Producers Asso ciation of the United States, Inc., and one additional member to be elected by the Robe Industry Association of America, Inc. The fourth amendment grants to the Code Authority the power to incorporate itself. The fifth amendment grants to the Code Authority the power to assess and collect from members of the Industry an equitable and proportionate payment of the reasonable expenses of maintaining the Code Authority and its activities. The sixth amendment grants to the Code Authority the power to make recommendations for the modification or amendment of this Code and proYides that s uch recommendation, upon the approval of the Administrator, shall become effective as part of such Code. The seventh amendment clarifies and amplifies the present pro vision relating to the return of merchandise by prohibiting exchanges and allowances. The eighth amendment relates to prison labor and is in conformity with the prison labor pact. FINDINGS The Deputy Administrator in his final report to me on said amendments to said Code having found as herein set forth and on the basis of all the proceedings in this matter : I find that: (a) The amendments to said Code and the Code as amended are well designed to promote the policies and purposes of Title I of the (2)

PAGE 5

National Industrial Recovery Act including the removal o ob structions to the free flow of interstate and foreign comme r ce whi c h tend to diminish the amount thereof, and will provide for the g e n eral welfare by promoting the organization o industry f o r the purpose of cooperative action among trade groups, by inducing and m aintaining united action of labor and manage m ent under adequat' e governmental sanction and supervis ion, by eliminating unfair competitive practices, by promoting the fullest pos sible utilization of the present productive capacity of industries, by aYoiding undue r estriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural produc t s through increasing purchasing power, by r educing and relieving unemployment, by improving standards of labo r , and by otherwise rehabilitating industry. (b) The Code as amended complies in all respects with the pertinent provis :)ns of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof. (c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the Industry as a whole. (d) The amendment and the Code as amended are not designed to and will not permit monopolies or monopolistic practices. (e) The amendments and the Code as amended are not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said amendment. For these reasons, these amendments have been approved. Respectfully, HuGHS. JoHNSoN, .A dministr{J)t()q'. APRIL 26, 1934.

PAGE 6

TO CODE OF FAIR COMPETITION FOR THE ROBE AND ALLIED PRODUCTS INDUSTRY The Code of Fair Competition for the Robe and Allied Products Industry is amended by the following: Amend Article III, Section 2 to read as follows: "No person employed in clerical or office work, or in shipping departments, or tock rooms, unless he is employed in a managerial, supervisory, or executive capacity and earns not less than thirty-five ($35.00) dollars per week, shall be permitted to work in excess of forty ( 40) hours in any one week nor in excess of eight (8) hours in any twenty-four (24) hour period nor in excess of five and one-half (5) days in any seven (7) day period except that such employee may be permitted to work not in excess of forty-eight ( 48) hours in any one week and not in excess of ten (10) hours in any twentyfour (24) hour period, and not in excess of five and one-half ( 51J2.) days in any seven (7) day period during a maximum of sixteen (16) weeks in any calendar year, provided that in any calendar year the total number of hours worked by any such employee shall not exceed an average of forty ( 40) hours per week. For the purpose of this Section the fraction 'one-half (1/2)' day shall mean four ( 4) hours." Amend Article IV, Section 5 to read as follows: "A person whose earning capacity is limited because of age, phys ical or mental handicap, or other infirmity, may be employed on light work at a . wage below the minimum established by this Code, if the employer obtains from the State Authority, designated by the United States Department of Labor, a certificate authorizing such person's employment at such wages and for such hours as shall be stated in the certificate. Such authority shall be guided by the instructions of the United States Department of Labor in issuing certificates to such persons. Each employer shall file monthly with the Code Authority a list of all such persons employed by him, showing the '"ages paid to, and the maximum hours of work for such employee." Amend Article VI, Section 2 to read as follows: "Said Code Authority shall consist of not more than fifteen (15) memb ers, to be selected in the manner hereinafter set forth : " (a) Eight (8) members shall be elected by Robe Indu try As sociation of America, Inc., subject to the approval of the Administrator. " (b) Two (2) members shall be elected by Bath Robes Producers A ssocia tion of the United States, Inc., subject to the approval of the Admini trator. (4)

PAGE 7

5 "(c) Two (2) members shall be elected by the contractors in this Industry subject to the approval of the Administrator. Each such member shall be a recognized and bona fide contractor and shall be elected by vote of all contractors in the Industry. The Administrator or his authorized representative shall supervise said election. " (d) In addition to the foregoing the Administrator may appoint not more than three (3) additional members, who shall be without vote, to represent the Administrator and/or such other interest or groups as may be determined upon. Should the Administrator appoint a member, or members, to represent the Administrator, such member, or members, shall serve without expense to the Industry." Amend Article VI, Section 7 (a) to read as follows: ''To incorporate itself and adopt bylaws, and rules and regulations for its procedure and for the administration and enforcement of this Code, and to submit the same to the Administrator for his approval, together with true cop ies of any amendments or additions when made thereto, minutes of meetings when held, and such other information as to its activities as the Administrator may require." Amend Article VI, Section 7 (i) to read as follows: " To assess and collect from members of the Industry an equitable and proportionate payment of the reasonable expenses of maintaining the Code Authority and its activities, subject to the approval of the Administrator." Amend Article VI, Section 7 (k) to read as follows: initiate, conside . r, and make recommendations for the modification or amendment of this Code, which recommendations upon the approval of the Administrator shall be binding on all mem _ be.rs of the Industry as a part of this Code." Amend Article VIII, Section 6 to read as follows : " :Merchandise covered by the provi ions of this Code sold and delivered by mmbers of the Industry where there has been full compliance with an order or eontract shall not be accepted by such members for return or exchange nor shall any allowance be granted on account of such merchandise. No m ember of the Industry shall sell any merchandise on approval or with the privilege to return." Amend Article VIII by adding a new Section 15, as follows : '' No merchandise shall be manufactured for any member of the Inclu. try i n any prison, prison camp, penitentiary, reformatory, or other correctional institution, or in any place by means of prison labor, except in any -;uc h institution hereinbe f ore des cribed which has subscribed to or may hereafter subscribe to this Code or any compact between the several states of the United States, or has en tered into or may hereafter ente r into a binding agreement of any other nature which satisfies the Administrator that merchandise produced in s uch institution or by the inmates thereof, will not be sold except upon a fair competitive basis with similar merchandise not so prodnced. " Nothing in this section shall be construed to supersede or interfere with the operation of the Act of Congress approved January 19, 1929, being Public, No. 669 of the 70th Congress and entitled 'An Act to divest goods, wares, and n1erchandise manufactured, produced or

PAGE 8

6 mined by convict or prisoners of their interstate character in certflin ', which Act i kno"n a the Hawe. -Cooper Act or the provisions of any legi. lation enacted nnuer. or effective upon, the effective elate of the Hn ... the !'aiel effective date being J annary 19, 19:34. Approved 'ode Xo. 2JlAm--tH1met t Xo. 1. Registry Ko. 0