Citation
Amendment to code of fair competition for the men's clothing industry as approved on December 15, 1933 by President Roosevelt

Material Information

Title:
Amendment to code of fair competition for the men's clothing industry as approved on December 15, 1933 by President Roosevelt
Portion of title:
Men's clothing 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:
3 p. : ; 24 cm.

Subjects

Subjects / Keywords:
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:
"Registry No. 216-1-06."
General Note:
"Approved Code No. 15--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:
005024566 ( ALEPH )
63654205 ( OCLC )

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Full Text






NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


MEN'S CLOTHING INDUSTRY

AS APPROVED ON DECEMBER 15, 1933
BY
PRESIDENT ROOSEVELT


WE DO OUR PART


1. Executive Order
2. Letter of Transmittal


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON 1933


F:. r I ale by tL S BMpintendent of Documents. Washington, D.C. Price 6 cent


9 E ":] ]E :.'E": .


Approved Code No. 15--Amendment No. 1


Registry No. 216-1-06
























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.
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Cleveland, Ohio: Chamber of Commerce.
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(x)












Approved Code No. 15-Amendment No. 1


AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

MEN'S CLOTHING INDUSTRY

As Approved on December 15, 1933
BY
PRESIDENT ROOSEVELT




Executive Order

An application having been made by the Men's Clothing Code Au-
thority pursuant to and in full compliance with the provisions of
Title I of the National Industrial Recovery Act, approved June 16,
1933, and pursuant to Section 6 of Article XIII of the Code, for
amendment of the Code of Fair Competition for the Men's Clothing
Industry as heretofore approved by me on August 26, 1933, and for
the modification of my approval of said Code of Fair Competition
accordingly, and the Administrator having recommended the grant-
ing of such approval, such proposed amendments to be in accord-
ance with the following proposals:
A. That there be added to Article III of the Code, a new para-
graph as follows:
"For a period of three (3) months after December 11, 1933, any
employer affected by Article III of the Code may engage learners
to supplant home workers, who shall be paid not less than seventy
percent (70%o) of the minimum wage provided in the Code; pro-
vided, that no employee shall be classified as a learner for longer
than the first eight (8) weeks of his employment in the industry,
and, provided further, that if any learner working on a piecework
operation, earns more, he shall receive what he earns."
B. That the following be added to Article IV of said Code:
Employers shall post such portions of this Code and in such
manner as may be prescribed by the Code Authority."
C. That there be added to the second paragraph of Article X of
said Code the following:
"Top coats, spring season, April 15.
"Top coats, fall season, November 15.
27647---296-12----33 11








Top coats are defined to be garments made of fabrics of twenty-
two (22) oz. or less in weight per yard of fifty-sixth (56) inches in
width."
D. That there be added to Article II of said Code a new paragraph
(g) as follows:
Persons whose earning capacity is limited because of physical or
mental handicap, may be employed at a wage below the minimum
established by this Code, provided-
(1) That they shall be paid proportionately no less than the other
employees receive for similar work, but in no case shall their com-
pensation amount to less than seventy percent (70%) of the amount
required by the Minimum Wage Provision of this Code.
(2) That the proportion of such excepted persons to the total
number of employees in any plant shall not at any time exceed five
percent (5%).
(3) The Code Authority shall have the right to investigate and
disallow any claims for exemption. The decision of the Code
Authority shall be final and the employer shall comply therewith,
unless and until the Administrator shall upon appeal by an employer
or employee, disapprove the decision of the Code Authority.
(4) That where it has been the custom of an employer to maintain
a proportion of such employees in excess of five percent (5%) of the
total number of employees in his plant, the Code Authority may,
upon application and proof, allow the employer to employ more than
five percent (5%) of excepted persons, subject to these provisions.
(5) That on or before the tenth (10th) day of each month, the
employer shall prepare and transmit to the Code Authority a list
for the preceding month of such excepted persons, stating names,
class of occupation, wage rating, length of service, and reasons for
exception.
(6) These exceptions shall not be used by employers as a device to
evade the provisions of this Code.
"(7) The Code Authority shall report to the Administrator within
three (3) months, and from time to time thereafter, as to the effect
of these provisions, both generally and in cases of individual hard-
ship, so that the Administrator may determine, in his discretion,
whether or not the provisions of this amendment shall be continued
or changed."
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 approve the granting of the aforesaid applications,
and do order that the final approval of the Code of Fair Competition
for the Men's Clothing Industry contained in my Executive Order,
dated August 26, 1933, be and it is hereby modified to the foregoing
effect.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
A administrator.
THE WHITE HOUSE,
December 15, 1933.











DECEMBER 12, 1933.
The PRESIDENT,
The White House.
SIR: The Code Authority of the Men's Clothing Industry has
applied for certain amendments to the Code of Fair Competition
for the Men's Clothing Industry, approved August 26, 1933.
Article III of the Code provides that three (3) months after the
effective date no manufacturer shall have work done or labor per-
formed on any garment or part thereof in the home of a worker.
However, in view of the fact that a substantial part of certain
operations has been performed in homes in the New York, Philadel-
phia, and some other clothing centers, it is agreed by most members
of the Industry that there is not a sufficient supply of skilled fac-
tory workers to absorb the work previously done in the home.
In order that learners may be employed on these tasks, the Code
Authority recommends that the Code be amended to allow mem-
bers of the Industry to employ learners at wages less than the
minimum provided in the Code, for a period not to exceed three (3)
months from December 11, 1933.
Many codes which you have approved contain a provision that
certain portions of the Code be posted in factories for the informa-
tion of employees. The Men's Clothing Code, as approved, contains
no such provision, and the Code Authority has recommended that
it will be of substantial assistance in the enforcement of the Code
to amend the Code by adding a provision for posting.
The Code Authority unanimously recommends that Article X of
the Code, which fixes the date for seasonal sales for clearing sur-
plus merchandise, be amended to provide dates for the clearance of
topcoats in the Spring and Fall seasons.
The Code Authority unanimously recommends the approval of a
provision which would allow the employment of substandard or
handicapped workers at a wage below the minimum provided in the
Code, but in no event less than seventy percent (70%) thereof, and
with a proviso that such excepted workers shall not exceed fi\e
percent (5%) of the total number of employees in any plant, unless
good cause to the contrary can be shown, and the employer obtains
the prior approval of the Code Authority. The recommendation of
the Code Authority contains a provision for periodic reports by
members of the Industry working under the exceptions and for
reports by the Code Authority as to the working of the requested
amendment.
The Administrator recommends the approval of all the foregoi'lg
proposals.
Respectfully,
HUGH S. JOHNSON,
Administrator.
Approved Code No. 15-Amendment No. 1.
Registry No. 216-1-06.
(3)





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Full Text

PAGE 1

Approved Code No. 15-Amendment No. 1 Registry No . .216-1-06 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE MEN'S CLOTHING INDUSTRY AS APPROVED ON DECEMBER 15, 1933 BY PRESIDENT ROOSEVELT 'WE DO OUR PARf 1. Executive Order 2. Letter of Transmittal UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. --• ---Price 6 cents v

PAGE 2

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 &nd Domestic Commerce. DISTRIC T OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, Mass.: 1801 Customhouse. Buffalo, .Y.: Chamber of Commerce Building. Charleston, .C.: Chamber of Commerce Building. Chicago, Ill.: uite 1706, 201 orth Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 2213 First ational Bank Building. Houston, Tex.: Chamber of Commerce Building. _ Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn.: 229 Federal Building. Minneapoli , ~1inn.: 213 Federal Building. -ew Orlean , La.: Room 225-A, Customhouse. -ew York, .Y.: 734 Customhouse. orf olk, Va.: 406 East Plume treet. Philadelphia, Pa.: 933 Commercial Trust Building. Pitt burgh, Pa.: Chamber of Commerce Building. Portland, Oreg.: 215 ew Post Office Building. St. Louis, fo.: 506 Olh-e Street. San Franci co, Calif.: 310 Customhouse. Seattle, Wash.: 809 Federal Building. (II)

PAGE 3

Approved Code No. 15-Arnendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE MEN'S CLOTHING INDUSTRY As Approved on December 15, 1933 BY PRESIDENT ROOSEVELT Executive Order An application having been made by the Men's Clothing Code Authority pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, and pursuant to Section 6 of Article XIII of the Code, for amendment of the Code of Fair Competition for the Men's Clothing Industry as heretofore approved by me on August 26, 1933, and for the modification of my approval of said Code of Fair Competition accordingly, and the Administrator having recommended the granting of such approval, such proposed amendments to be in accord ance with the following proposals: A. That there be added to Article III of the Code, a new paragraph as follows: "For a period of three (3) months after December 11, 1933, any employer affected by Article III 0 the Code may engage learners to supplant home workers, who shall be paid not less than seventy percent (70%) of the minimum wage provided in the Code; provided, that no employ:ee shall be classified as a learner or longer than the first eight (8) weeks of his employment in the industry, and, provided further, that if any learner working on a piecework operation, earns more, he shall receive what he earns." B. That the following be added to Article IV of aid Code : "Employers shall po t such portions of this Code and in such manner as may be prescribed by the Code Authority." C. That there be added to the second paragraph of Article X of said Code the following: " Top coats, spring season, April 15. " Top coats, fall season, November 15. 27647-296-12-33 (1)

PAGE 4

2 "Top coats are defined to be garments made of fabrics of twenty two (22) oz. or less in weight per yard of fifty-sixth ( 56) inches in width." D. That there be added to Article II of said Code a new paragraph (g) as follows: "Persons who s e earning capacity is limited because of physical or mental handicap, may be employed at a wage below the minim11m established by this Code, provided-( 1) That they shall be paid prpportionately no less than the otl1cr employees receive for similar work, but in no c a s e shall their com pensation amount to le s s than seventy percent (70%) of the amount required by the Minimum Wage Provision of this Code. (2) That the proportion of such excepted persons to the tobl number of employees in any plant shall not at any time ex c eed five percent ( 5%). (3) The Code Authority shall have the right to investigate and disallow any claims for exemption. The decision of the Cone Authority shall be final and the employer shall comply therewith, unless and until the Administrator shall upon appeal by an employer or employee, disapprove the decision of the Code Authority. ( 4) That where it has been the custom of an employer to maintain a proportion of such employees in excess o:f five percent ( 5%) of the total number of employees in his plant, the Code Authority may, upon application and proof, allow the employer to employ more than five percent ( 5 % ) of excepted persons, subject to these provisions. ( 5) That on or before the tenth (10th) day of each month, the employer shall prepare and transmit to the Code Authority a list for the preceding month of such excepted persons, stating names, class of occupation, wage rating, length of service, and reasons for exce1;1tion. ( 6) These exceptions shall not be used by employers as a device to evade the provisions of this Code. "(7) The Code Authority shall report to the Administrator within three (3) months, and from time to time thereafter, as to the effect of these provisions, both generally and in ca s es of individual hardship, so that the Administrator may determine, in his discretion, whether or not the provisions of this amendment shall be continued or changed." 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 approve the granting of the aforesaid applications, and do order that the final approval of the Code of Fair Com-petition for the Men's Clothing Industry contained in my Executive Order, dated August 26, 1933, be and it is hereby modified to the foregoing effect. Approval recommended: HuoH S. JoHNsoN, Administrator. THE WHITE HousE, Dec e mb e r 15, 1933. FRANKLIN D. ROOSEVELT.

PAGE 5

DECEMBER 12, 1933. The PRESIDENT, The White House. Sm: The Code Authority of the Men's Clothing Industry has applied :for certain amendments to the Code o:f Fair Competition for the ~fen's Clothing Industry, approved August 26, 1933. Article III o:f the Code provides that three ( 3) months a:fter the effective date no manufacturer shall have work done or labor performed on any garment or part thereof in the home o:f a worker. HmYever, in view o:f the :fact that a substantial part o:f certain operations has been performed in homes in the New York, Philadelphia, and some other clothing centers, it is agreed by most members of the Industry that there is not a s ufficient supply of ski ll ed fac tory workers to absorb the work previously done in the home. In order that learners may be employed on these tasks , the Code Authority recommend s that the Code be amended to allow mem bers of the Industry to employ learners at wages les s than the minimum provided in the Code, for a period not to exceed three (3) months :from December 11, 1933. Many codes which you have approved contain a provision that certain portions of the Code be _posted in factories for the information of employees. The ~ / [en's Clothing Code, as approved, contains no such provision, and the Code Authority has recommenged that it will be of substantial assistance in the enforcement of the Code to amend the Code by adding a provision for posting. The Code Authority unanimously recommends that Article X o:f the Code, which fixes the date for seasonal sales for cleadng surplus merchandise, be amended to provide dates for the clearance of topcoats in the Spring and Fall seasons. The Code Authority unanimously recommends the approval of a. provision which would allow the employment of substandard or handicapped workers at a wage b e low the minimum provided in the Code, but in no event less than seventy percent (70 % ) thereof, and with a proviso that such excepted workers shall not ex c eed fi, percent ( 5%) of the total number of employees in any plant, unless good cause to the contrary can be shown, and the employer obtains the prior approval of the Code Authority. The recommendation o-f the Code Authority contains a provision for periodic reports J_;y members of the Industry working under the exceptions and for reports by the Code Authority as to the working of the requested amendment. The Administrator recommends the approval of all the foregoi ug proposals. Respectfully, Approved Code No. 15-Amendment No. 1. Registry No. 216-1-06. (3) 0 HUGH s. JOHNSON' Administrator.

PAGE 8

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