Citation
Proposed code of fair competition for the rainwear industry as submitted on September 1, 1933

Material Information

Title:
Proposed code of fair competition for the rainwear industry as submitted on September 1, 1933
Portion of title:
Rainwear 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:
5 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Raincoats -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 806-02."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004942849 ( ALEPH )
63654884 ( OCLC )

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Full Text

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Registry No. 806-02


NATIONAL RECOVERY ADMINISTRATION



PROPOSED CODE OF FAIR COMPETITION
FOR THE

RAINWEAR INDUSTRY


AS SUBMITTED ON SEPTEMBER 1, 1933


WE DO OUR PART


U.s. DEPOOTORY

The Code for the Rainwear Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein. are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry



WASHINGTON : 1933
GOVERNMENT PRINTING OFFICE
UNITED STATES

For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


I /
/ : L



































SUBMITTED BY

NATIONAL RAINWEAR MANUFACTURERS ASSOCIATION












PROPOSED CODE OF FAIR COMPETITION FOR THE RAIN-
WEAR INDUSTRY SUBMITTED BY NATIONAL RAINWEAR
MANUFACTURERS ASSOCIATION
To effectuate the policy of Title I of the National Industrial
Recovery Act, during the period of the emergency, by reducing and
relieving unemployment, improving the standards of labor, eliminat-
ing competitive practices destructive of the interests of the public,
employers and employees, and otherwise rehabilitating the rainwear
industry the following provisions are established as a code of fair
competition for the rainwear industry:

1. DEFINITIONS
The term "effective date" as used herein-is defined to be the first
Monday following the approval of this code by the President.
The term "persons" as used herein shall include natural persons,
partnerships, associations, and corporations.
The term "employer" as used herein shall include every person
(whether individual, partnership, association, or corporation) engaged
in the production and/or wholesale distribution of raincoats or other
articles of rainwear as manufacturer, contractor, wholesale, or jobber.
The term "manufacturing employee" as used herein is defined to
mean one who is engaged in the cutting, machine operating, cement-
ing, buttonhole making, and button sewing in any factory in the rain-
wear industry.
The term nonmanufacturingg employee" as used herein is defined
to mean all persons engaged in brushing or cleaning away the threads
from finished garments and folding them, or engaged in any other
miscellaneous nonmanufactu ring process in any factory in the rainwear
industry.
The term "apprentice" as used herein is defined to mean any
person who has never worked or been employed for at least six weeks
in the rainwear industry and is a learner therein.
The term rainwearr industry" as used herein is defined to include
those engaged chiefly in the manufacture of men's, women's, chil-
dren's, and infants' garments made of rubberized, waterproof cloth
or oiled fabrics.
2. CHILD LABOR
On and after the effective date, employers in the rainwear industry
shall not. employ any minor under the age of sixteen (16) years.

3. MAXIMUM HOURS
On and after the effective date, employers in the rainwear industry
shall not operate on a schedule of hours of labor for their employees in
excess of 40 hours per week. Such work to take place in five days of
the week exclusive of Saturday and Sunday. There shall be only one
eight-hour shift in any 24 consecutive-hour period. Overtime is
expressly prohibited.
9728-33 11








4. EXCEPTIONS
This excludes employees on emergency maintenance and repair
work, engineering, and research staffs, those occupying executive or
managerial positions, foremen, outside sales staffs, plant watchmen,
firemen, engineers, shipping forces, and porters. The above exclu-
sions together with workers in special cases where restrictions of
hours on continuous processes would unavoidably reduce production
or cause spoilage shall be paid time and one third for hours worked in
excess of the maximum. The above provisions as they involve over-
time shall not apply to anyone receiving $30.00 or more per week.

5. MINIMUM WAGES OF EMPLOYEES
On and after the effective date, the minimum wage that shall be
paid by employers of the rainwear industry to their manufacturing
employees shall be the following:
Per hour
Cutters ---------------------------------------- $0. 60
Cementers-Female --------------------------------- 40
Male ----------------------------------- .50
Operators- Female------------------------------------ .35
Male. --------------.----------------- 40
On and after the effective date the minimum wage that shall be
paid by employers in the rainwear industry except as hereinafter
provided for apprentices shall be at the rate of $13.00 per week when
employed for forty (40) hours of labor.

6. MINIMUM WAGES AND TIME LIMITATION FOR APPRENTICES
On and after the effective date, the minimum wage that shall be
paid by employers in the rainwear industry to apprentices or learn-
ers shall be at the rate of $10.00 per week when employed for forty
(40) hours of labor; provided, however, that such apprentices or
learners shall not be paid less than the piecework rate paid to experi-
enced workers. The period of apprenticeship for employees shall be
limited to six weeks. I
7. EMPLOYER
On and after the effective date, no employer or officer of any firm,
association, or corporation, engaged in the rainwear industry shall,
directly or indirectly, work in his own factory as operator or cementer.

8. LABOR
Employees in this industry shall have the right to organize and
bargain collectively through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives or in
self-organization or in any other concerted activities for the purpose
of collective bargaining or other mutual aid or protection. No em-
ployees and no one seeking employment shall be required, as a condi-
tion of employment, to join any company union or to refrain from
joining, organizing, or assisting a labor organization of his own
choosing. Employers in this industry shall comply with the maxi-








mum hours of labor, minimum rates of pay, and other conditions of
employment approved or prescribed by the President.
All processing and manufacturing shall be done exclusively on the
premises and in the factories or shops of persons operating under this
code as hereinafter provided, and no part of such processing or manu-
facturing shall be done in the homes of employees.
No work shall be done or permitted in tenement houses, basements,
or in any unsanitary building or buildings unsafe on account of fire
risks.
9. ADMINISTRATION
The responsibility for the administration and enforcement of this
Code shall be vested in a Rainwear Code Authority under the super-
vision of the Rubber Manufacturers Association.
The National Rainwear Manufacturers Association shall select, as
members of the Rainwear Code Authority, one representative from
the Oil Branch Industry, two from the Midwestern Manufacturers,
two from New England and two from New York.
Headquarters of the Rainwear Code Authority shall be at the
offices of the Rubber Manufacturers Association, 250 West 57th
Street, New York City, and meetings of the Rainwear Code Authority
shall be held at the headquarters office. Two-thirds of the Rain-
wear Code Authority shall constitute a quorum, and a majority of a
quorum of the Rainwear Code Authority must be had before any
decision on any matter shall be determined to have been acted upon.
The Rainwear Code Authority is expressly authorized to deputize
its representatives to aid and perform such acts as may be necessary
to carry into effect the provisions, purposes, and intent of this Code as
effectuating the policy and purposes of the National Industrial Recov-
ery Act under the supervision of the Rubber Manufacturers Associa-
tion.
The Rubber Manufacturers Association shall have power to ex-
amine all books of accounts and records of employers so far as may
be necessary to determine whether such employers are observing the
provisions of this Code and to the extent of this necessity all employ-
ers are hereby required to submit their books and records for such
examination as may be necessary under this provision.
The expense of administering this Code shall be borne by all ad-
herents to this Code and all other employers in the industry in such
proportion and amounts and in such manner as may be determined by
the Rainwear Code Authority, provided that the basis of prorating
such costs shall be equitable and uniform as to all persons in the
Rainwear Industry and that no disciiminations be made in the
establishment of such rules and regulations under the supervision of
the Rubber Manufacturers Association.

S10. GENERAL PROVISIONS AS TO COMPETITIVE PRACTICES
1. Terms and Discounts.-All terms shall be F.O.B. factory. The
maximum cash discount shall not exceed 8% 10th proximo E.O.M.
No other discounts whatsoever nor any rebates shall be given to any
buyers, buying offices, or other customers.
2. Selling on Consignment.-No merchandise shall be shipped on
memorandum or on consignment for sale.








3. Gratuities.-The giving of gratuities or gifts to buyers, or their
agents, whether in form of money, goods, or privileges is expressly
prohibited.
4. Standard Sizes.-The following shall be the standard sizes in
the rainwear industry:
Infants, 2-6; Girls, 6-16; Boys, 6-16 (18-20, at 10% extra);
Misses, 14-20; Ladies, 34-44 (46-52, at not less than 50t extra);
Mens, 34-46 (48-52, at not less than 500 extra).
5. Return of Merchandise.-The unjust return of merchandise con-
stitutes one of the greatest evils in the industry. It involves an
enormous loss and waste due to cost of resale, cost of reshipment,
damage incident to transportation, and absence of merchandise from
stock at a time when it might readily be disposed of. It is, therefore,
agreed that no merchandise purchased and shipped in good faith and
in accordance with the buyer's specifications may be returned for
credit by any purchaser or if returned such merchandise shall not be
accepted for credit if the same was retained by the purchaser for
more than five days.
11. INVOICES
No order shall be accepted without stipulating the sale price and
date of shipment. No sale shall be made by any member upon any
other terms except as expressly set forth in the order contract of sale
or the invoice pertaining to such sale.

12. ADVERTISING
Allowances or discounts for advertising or for payment for space
in newspapers, magazines, guides, or directories on behalf of any
retailer to be used in promoting the sale of merchandise to the con-
sumer is prohibited. The supplying of cuts, matrices, and window
cards shall, however, not be included in such prohibition.
Prison.-No merchandise shall be manufactured for any member
in any prison, prison camp, penitentiary, or reformatory.
Style Piracy.-Style and design piracy is declared to be an unfair
trade practice and an unfair method of competition and is prohibited.

13. LICENSING
1. Recognizing that the stability of the rainwear industry and
ability to carry into effect the purpose and content of the National
Industrial Recovery Act depends entirely upon complete cooperation
of all those engaged in the rainwear industry and with a view to
effectuating such complete stabilization, all manufacturers who are
members of the National Rainwear Manufacturers Association shall
by virtue of their membership therein be deemed collectively to have
been licensed to do business in this industry under this code.
2. All employees engaged in the rainwear industry and employers
of the National Rainwear Manufacturers Association shall, promptly
following the effective date of this code, obtain and procure from the
administration, subject to the approval of the governing board, a
license or permit to engage or continue in business, shall be condi-
tioned upon the obligation of the licensee to comply with all and







every one of the provisions of this code and the amendments thereof
and such current and further regulations as may be prescribed by
the governing board.
14.
The National Rainwear Manufacturers Association shall impose no
inequitable restrictions or admission to membership therein.
This code is not designed to promote and shall not be construed to
permit monopolies or monopolistic practices; nor is it designed to
eliminate or oppress small enterprises, and it shall not operate to dis-
criminate against them, but shall seek only to effectuate the policy of
Title 1 of the National Industrial Recovery Act.

15.
It is recognized that in the Eastern and Western areas the methods
employed to a very large extent in the production of rainwear neces-
sitates the employment of contractors. Accordingly all firms en-
gaged in the Rainwear industry who cause their garments thus to be
made by contractors as aforesaid, shall designate the contractors ac-
tually required; shall confine and distribute their work equitably to
and among them and shall adhere to the payment of wages for such
production in any amount sufficient to enable the contractors to pay
the employees the wages and earnings provided for in this code to-
gether with an allowance for the contractor's overhead.

16. CANCELLATION OR MODIFICATION
Supplements, amendments, and additions to this code may from
time to time be submitted for approval of the President of the United
States. The President of the United States may from time to time
cancel or modify any order, rule, or regulation issued hereunder.
In the event any provision of this code shall be disapproved or held
invalid, such action shall in no way affect any other provision thereof.






I-lIJVERSITY OF FiORIDA



3 1262 08850 4484









.* i




Full Text

PAGE 1

y Registry No. 806-02 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE RAINWEAR INDUSTRY AS SUBMITTED ON SEPTEMBER 1, 1933 WE DO OUR P.ART I L U.&. DEfl09'TO~Y The Code for the Rainwear Industry in its present form merely reflects the proposal of the above-menti~ned industry, and none of the provisions contained therein are to be regarded as having received the approval of the National Recovery Administration as applying to this industry WASHINGTON : 1933 GOVERNMENT PRINTING OFFICE UNITED STATES For sale by the Superintendent of Documents, Washington, D.C. ----• Price 5 cents "

PAGE 2

SUBMITTED BY NATIONAL RAINWEAR MANUFACTURERS ASSOCIATION (II)

PAGE 3

PROPOSED CODE OF FAIR COMPETITION FOR THE RAIN WEAR INDUSTRY SUBMITTED BY NATIONAL RAINWEAR MANUFACTURERS ASSOCIATION To effectuate the policy of Title I of the National Industrial Recovery Act, during the pe:ri d of the emergency, by reducing : : rnd relieving unemployment, improving the standards o f labor, eliminating competitive practices destructive of the interests of the public, employers and emplo yees, and otherwise rehabilitating the rainwear industry the following provisions are established as a code of fair competition for the rainwear industry: 1. DEFINITIONS The term "effecti ve date" as used herein i s defined to be the first Monday following the approval of this code by the President. The term "persons" as used herein shall include natural persons, partnerships, associations, and corporati ons . The term "employer" as uc::ed herein shall include every person (whether individual, partnership, association, or corporation) engaged in the production and/or wholesale distribution of raincoats or other articles of rainwear as manufacturer, contractor, wholesale, or jobber. The term "manufacturing employee" as used herein is defined to mean one who is engaged in the cutting, machine operating, cementing, buttonhole making, and button sewing in any factory in the rainwear industry. The term "nonmanufacturing employee" as used herein is defined to mean all persons engaged in brushing or cleaning away the threads from finished garments and folding them, or engaged in any other miscellaneous nonn1anufacturing process in any factory in the rain wear industry. The term "apprentice" as u se d herein is defined to mean any person who has never worked or been employed for at least six weeks in the rainwear industry and is a learner therein. The term "rain wear industry" as used herein is defined to include those engaged chiefly in the manufacture of men's, women's, children's, and infants' garments made of rubberized, waterproof cloth or oiled fabrics. 2. CHILD LABOR On and after the effective date, en1ployers in the rainwear industry shall not employ any minor under the age of sixteen (16) years. 3. MAXIMUM HouRs On and after the effective date, employers in the rainwear industry shall not operate on a schedule of hours of labor for their employees in excess of 40 hours per week. Such work to take place in five days of the week exclusive of Saturday and Sunday. There shall be only one eight-hour shift in any 24 consecutive-hour period. Overtime is expressly prohibited. 9728-33 (1)

PAGE 4

2 4. EXCEPTIONS This excludes employees on emergency maintenance and repair work, engineering, and research staffs, those occupying executive or managerial positions, foremen, outside sales staffs, plant watchmen, firemen, engineers, shipping forces, and porters. The above exclu sions together with workers in special cases where restrictions of hours on continuous processes would unavoidably reduce production or cause spoilage shall be paid time and one third for hours worked in excess of the maximum. The above provisions as they involve overtime shall not apply to anyone receiving $30.00 or more per week. 5. MINIMUM WAGES OF EMPLOYEES On and after the effective date, the minimum wage that shall be paid by employers of the rainwear industry to their manufacturing employees shall be the following: Per hour Cutters_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $0. 60 Cementers-Female___________________________________ . 40 Male_____________________________________ . 50 Opera tors-Female___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 35 Male _______ _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 40 On and after the effective date the minimum wage that shall be paid by employers in the rainwear industry except as hereinafter provided for apprentices shall be at the rate of $13.00 per week when employed for forty (40) hours of labor. 6. MINIMUM WAGES AND TIME LIMITATION FOR APPRENTICES On and after the effective date, the minimum wage that shall be paid by employers in the rainwear industry to apprentices or learners shall be at the rate of $10.00 per week when employed for forty (40) hours of labor; provided, however, that such apprentices or learners shall not be paid less than the piecework rate paid to experi enced workers. The period of apprenticeship for employees shall be limited to six weeks. 7. EMPLOYER On and after the effective date, no employer or officer of any firm, association, or corporation, engaged in the rainwear industry shall, directly or indirectly, work in his own factory as operator or cementer. 8. LABOR Employees in this industry shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in any other concerted activities for the purpose of collective bargaining or other mutual aid or protection. No employees and no one seeking employment shall be required, as a condition of employment, to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing. Employers in this industry shall comply with the maxi-

PAGE 5

3 mum hours of labor, minimum rates of pay, and other conditions of employment approved or prescribed by the President. All processing and manufacturing shall be done exclusively on the premises and in the factories or shops of persons operating under this code as hereinafter provided, and no part of such processing or manufacturing shall be done in the homes of employees. No work shall be done or permitted in tenement houses, basements, or in any unsanitary building or buildings unsafe on account of fire risks. 9. ADMINISTRATION The responsibility for the administration and enforcement of this Code shall be vested in a Rainwear Code Authority under the super vision of the Rubber Manufacturers Association. The National Rain wear Manufacturers Association shall select, as members of the Rainwear Code Authority, one representative from the Oil Branch Industry, two from the Midwestern Manufacturers, two from New England and two from New York. Headquarters of the Rainwear Code Authority shall be at the offices of the Rubber Manufacturers Asso ciation, 250 West 57th Street, New York City, and meetings of the Rainwear Code Authority shall be held at the headquarters office. Two-thirds of the Rainwear Code Authority shall constitute a quorum, and a majority of a quorum of the Rainwear Code Authority must be had before any decision on any m atter shall be determined to have be en acted upon. The Rainwear Code Authority is expressly authorized to deputize its representatives to aid and perform such acts as may be n ecessary to carry into effect the provisions, purposes, and intent of thi.s Code as effectuating the policy and purposes of the National Industrial Recovery Act under the supervision of the Rubber Manufacturers Associa tion. The Rubber Manufacturers Association shall have power to examine all books of accounts and records of employers so far as may be necessary to determine whether such employers are ob serving the provisions of this Code and to the extent of this neces sity all employ ers are hereby required to submit their books and records for such examination as may be necessary under this provision. The expense of admini stering this Code shall be borne by all adherents to this Code and all other employers in the industry in such proportion and amounts and in such manner as may be determined by the Rainwear Code Authority, provided that the bas is of prorating such costs shall be equitable and uniform as to all persons in the Rain,\'ear Industry and that no discriminations be made in the establishment of such rules and regulations under the supervision of the Rubber Manufacturers Association. 10. GE ERAL PROVISIONS AS TO COMPETITIVE PRACTICES 1. Terms and Discounts.-All terms shall be F.O.B. factory. The maximum cash discount shall not exceed 8% 10th proximo E.O.M. No other discounts whatsoever nor any rebates shall be given to any buyers, buying offices, or other customers. 2. Selling on Consignment.-No merchandise shall be shipped on memorandum or on consignment for sale.

PAGE 6

4 3. Grat1i.ities.-The giving of gratuities or gifts to buyers, or their agents, whether in form of money, goods, or privileges is expressly prohibited. 4. Standard Sizes .-The following shall be the standard sizes in the rainwear industry: Infants, 2-6; Girls, 6-16; Boys, 6-16 (18-20, at IO% extra); Misses, 14-20; Ladies, 34-44 (46-52, at not less than 50 extra); Mens, 34-46 (48-52, at not le ss than 50 extra). 5. Return of Merchandise.-The unjust return of merchandise constitutes one of the greatest evils in the industry. It involves an enormous loss and waste due to cost of resale, cost of reshipment, damage incident to transportation, and absence of merchandise fron1 stock at a time when it might readily be disposed of. It is, therefore, agreed that no merchandise purchased and shipped in good faith and in accordance with the buyer's specifications n1ay be returned for credit by any purchaser or if returned such merchandise shall not be accepted for credit if the same was retained by the purchaser for more than five days. 11. INVOICES No order shall be accepted without stipulating the sale price and date of shipment. No sale shall be made by any member upon any other terms except as expressly set forth in the order contract of sale or the invoice pertaining to such sale. 12. ADVERTISING Allowances or discounts for advertising or for payment for space in newspapers, magazines, guides, or directories on behalf of any retailer to be used in promoting the sale of merchandise to the consumer is prohibited. The supplying of cuts, matrices, and window cards shall, however, not be included in such prohibition. Prison.-N o merchandise shall be nianufactured for any member in any prison, prison camp, penitentiary, or reformatory. Style Piracy.-Style and design piracy is declared to be an unfair trade practice and an unfair method of competition and is prohibited. 13. LICENSING 1. Recog nizing that the stability of the rainwear industry and ability to carry into effect the purpose and content of the National Industrial Recovery Act depends entirely upon complete cooperation of all those engaged in the rainwear industry and with a view to effectuating such complete stabilization, all manufacturers who are members of the National Rain wear Manufacturers Association shall by virtue of their membership therein be deemed collectively to have been licensed to do business in this industry under this code. 2. All employees engaged in the rainwear industry and employers of the National Rainwear Manufacturers Association shall, prmnptly following the effective date of this code, obtain and procure from the administration, subject to the approval of the governing board, a license or permit to engage or continue in business, shall be condi tioned upon the obligation of the licensee to comply with all and

PAGE 7

5 every one of the provisions of this code and the amendments thereof and such current and further regulations as may be prescribed by the governing board. 14. The National Rain wear Manufacturers Association shall impose no inequitable restrictions or admission to membership therein. This code is not designed to promote and shall not be construed to permit monopolies or monopolistic practices; nor is it designed to eliminate or oppress small enterprises, and it shall not operate to dis criminate against them, but shall seek only to effectuate the policy of Title 1 of the National Industrial Recovery Act. 15. It is recognized that in the Eastern and Western areas the methods employed to a very large extent in the production of rainwear necessitates the employment of contractors. Accordingly all firms en gaged in the Rainwear industry who cause their garments thus to be made by contractors as aforesaid, shall designate the contractors actually required; shall confine and distribute their work equitably to and among them and shall adhere to the payment of wages for such production in any amount sufficient to enable the contractors to pay the employees the wages and earnings provided for in this code together with an allowance for the contractor's overhead. 16. CANCELLATION OR MODIFICATION Supplements, amendments, and additions to this code may from time to time be submitted for approval of the President of the United States. The President of the United States may from time to time cancel or modify any order, rule, or regulation issued hereunder. In the event any provision of this code shall be disapproved or held invalid, such action shall in no way affect any other provision thereof. 0

PAGE 8

UrJIVERSITY O F FLORIDA 1111111111 1 1 1 / Ill lllll lllll II IIII I I llll llll llll 11111111111111111 3 1262 08850 4484