Citation
Amendment to code of fair competition for the hosiery industry as approved on March 8, 1935

Material Information

Title:
Amendment to code of fair competition for the hosiery industry as approved on March 8, 1935
Portion of title:
Hosiery 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:
Hosiery 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. 241-02."
General Note:
"Approved Code No. 16--Amendment No. 5."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
005039925 ( ALEPH )
701514682 ( OCLC )

Full Text


ainliad A an li 1-Ameudment No. 5


Registry No. 21-
Registry No. 241--2


NATIONAL RECOVERY ADMINISTRATION


UIF


AMENDMENT TO


CODE OF FAIR COMPETITION

FOR THE

HOSIERY INDUSTRY


AS APPROVED ON MARCH 8, 1935


I.


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


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e b the Superintendent of Documents Washington, D. C. Price 5 cents


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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 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, 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.: 801 First National 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.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial 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 Customhouse.
Seattle, Wash.: 809 Federal Office Building.








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Approved Code No. 16-Amendment No. 5


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

HOSIERY INDUSTRY

As Approved on March 8, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
HOSIERY 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 an amend-
ment to a Code of Fair Competition for the Hosiery Industry, and
hearings having been duly held thereon and the annexed report on
said amendment, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise; does hereby incorporate,
by reference, said annexed report, and does find that said amendment
and the Code as constituted after being amended comply in all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does hereby order that
said amendment be and it is hereby approved, and that the pervious
approval of said Code is hereby amended to include an approval of
said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By 1W. A. H.ARIMAN, Administrative Officer.
Approval recommended:
PRENTISS L. COONLEY,
Divisional Administrator.
WASHINGTON, D. C.,
March 8, 1935.
1201460--1603-5---5 11













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Hearing covering the Amendment
to the Code of Fair Competition for the Hosiery Industry, held in
Room 3204, Department of Commerce Building, Washington, D. C.,
Friday March 9, 1934. (Afternoon session.) The Amendment,
which is attached, was presented by a duly qualified and authorized
representative of the Code Authority for the Hosiery Industry, com-
plying with statutory requirements and being the Agency that is
administering the Code.
In accordance with customary procedure every person who had
filed a request for appearance was freely heard in public and all
statutory and regulatory requirements were complied with.

PROVISIONS OF THE AMENDMENT

The amendment fixes the working hours and minimum wages of
those employees previously excepted from the wage and hour pro-
visions of the Code such as repair shop crews, engineers, electricians,
etc.
FINDINGS

The Deputy Administrator in his final report to the National In-
dustrial Recovery Board on said amendments to said Code having
found as herein set forth and on the basis of all the proceedings in
this matter:
The National Industrial Recovery Board finds that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving the standards of labor, and by
otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-








tion 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 afore-
said amendment 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 amendment 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 those reasons this amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
MARCH 8, 1935.












AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE HOSIERY INDUSTRY

Amend ARTICLE IV, by cancelling Sections 1, 2, 3, 4, and 6,
and substituting therefore the following:
1. No person in the Hosiery Industry shall employ any employee
in productive operations in excess of forty (40) 'hours per week.
2. (a) No person employed in clerical or office work shall be per-
mitted to work in excess of forty (40) hours in any one (1) week,
except that during six (6) weeks of the period beginning January
1 and ending June 30 of any year, and during six (6) weeks of the
period beginning July 1 and ending December 31 of any year, such
employees may be permitted to work not more than an additional
eight (8) hours per week, provided that not less than one and one-
half (1/V) times the calculable hourly rate for such employees is
paid for any and all such additional hours as may be worked. The
"'hourly rate shall be calculated by dividing the weekly salary or
wage of the employee by forty (40).
(b) The provisions of this Article shall not apply to outside sales-
men, or to persons employed in a supervisory, managerial or execu-
tive capacity who regularly earn thirty-five dollars ($35.00) per
week or more.
(c) Persons employed in a supervisory capacity wholly engaged
in non-productive work who regularly earn less than thirty-five
dollars ($35.00) per week but not less than fifty cents ($0.50) per
hour, also engineers, firemen, electricians, machinists, repair-shop
men, shipping force, cleaners and outside workers shall not be per-
mitted to work in excess of forty-four (44) hours in any one (1)
week.
(d) Watchmen shall not be permitted to work in excess of fifty-
six (56) hours in any one (1) week, nor shall any watchmen be per-
mnitted to work in excess of six (6) days in any seven (7) day period.
3. Employees when engaged in emergency maintenance and
repair work, involving breakdowns or protection of life or property,
may be permitted to work in excess of the maximum number of hours
prescribed by this Code, provided that all such extra hours are
compensated for at not less than one and one-half (11/) times the
regular or calculable hourly rate. In the case of an employee not
paid regularly on an hourly basis, his hourly rate shall be calculated
by dividing his weekly pay by the number hours he may work per
week under the provisions of the Code.
4. (a) Dyehouse workers may be employed in excess of forty
(40) hours per week only to the extent necessary to finish a batch
or to complete a continuous process, provided that all hours beyond
forty (40) per week be compensated for at not less than one and
one-half (116) times the regular or calculable hourly rate. The
hourly rate shall be calculated by dividing the weekly salary or
wage by forty (40).








(b) Machine fixers may be employed in excess of forty-four (44)
hours per week only to the extent necessary to make machine
repairs and machine changes, provided that all hours beyond nine
(9) per day or forty-four (44) per week be paid for at not less
than one and one-half (1 l) times the regular or calculable hourly
rate. The hourly rate shall be calculated by dividing the weekly
salary or wage by forty-four (44).
6. The productive operations of a plant shall not exceed two (2)
shifts of forty (40) hours each per week. The work week for pro-
ductive operations shall not exceed five (5) days of eight (8) hours
each. These days shall be Monday to Friday, inclusive, except in
those states where the state laws operate to prevent the operation
of two forty (40) hour shifts within the mentioned five (5) days.
In such states, employers may operate one shift on Saturday, not
to exceed six (6) hours ending at noon, provided that. such employers
utilize the maximum hours possible under state laws and under
this Code in the preceding five (5) days, and provided further.
that in no event shall total machine hours exceed eighty (80) hours
in any one week in any plant.
Amend ARTICLE V, Section 9, by cancelling the present Section
9 and substituting therefore the following:
9. The minimum wages of all employees not specified in Sections
1 and 2 of this Article, on the basis of forty (40) hours' labor
per week, shall be at the following rates:
Engineers _------------------ --------__ --_
Electricians -------------------------------------- North South
Machinists --------- --------- ----------- --- 0
Repairshop men---------------------_---------$---_
Skilled Dyehouse workers (including dyeing machine and
kettle operators) ------------
Office workers------------
Firemen---------
Unskilled Dyehouse workers---____---_-_
Shipping Force----------------------------------- ---- $13.00 $12. 00
Shiping$13. 00 $12. 00
Watchmen .------- --------------------_ 12 0
Cleaners
Outside workers
All others --------------------------
Approved Code No. 16-Amendment No. 5.
Registry No. 241-02.








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Full Text

PAGE 1

V Approved Code No. 16-Amendment No. 5 Registry No. 241-'.>2 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE HOSIERY INDUSTRY AS APPROVED ON MARCH 8, 1935 WE DO OUR PART UNITED ST A TES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 I For sale by the Superintendent of Documents, Washington, D. C. ---• • Price 5 centJ

PAGE 2

This publicatio n 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 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, 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.: 801 First National 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. Minneapolis, Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N. Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: 422 Commercial 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 Customhouse. S eattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 16-Amendment No. 5 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE HOSIERY INDUSTRY As Approved on March 8, 1935 ORDER APPROYIXG AMEXDMENT OF CODE OF FAIR COMPETITION FOR THE HOSIERY INDUSTRY An application having been duly made pursuant to and in full comp liance with the provisions of Title I of the National Industrial Recovery Act, approved June 16 , 1933 for approval of an amendment to a Code of Fair Competition for the Hosi0ry Industry, and hearings having been duly held thereon and the annexed report on said amendment, containing findings with respect thereto, having been made and directed to the President: NOvV, THEREFORE, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Orde r No. 6859, and otherwise; does hereby incorporate, by reference, said annexed report, and does find that said amendment und the Code as constituted after being amended comply in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act, and does hereby order that aid amendment be and it is hereby approved, and that the pervious approYal of said Code i s hereby amended to include an approval of 8aicl Code in its entirety as amended. N ATION"AL INDUSTRIAL RECOVERY BOARD, By ,v. A. H.ARRil\IAN, Adm,inistrative Offi cer . Approval recommended: PREXTISS L. COONLEY, Divisional Ad1ninistrator. ,v ASHJNGTON, D. c., March 8, 19 35. 120146-1603-53-35 (1)

PAGE 4

REPORT TO TIIE PRESIDE.LTT The PnE IDENT The White House. Sm: Thi is a report on the Hearin()" con-ring th .Amen lment to the Code 0 Fair Competition or the Hosier>' Indn.try hcl l in Room 3204, Department 0 Commerce Building , Ya hinton D. C. Friday 1\1arch 9, 193. (Afternoon e ion.) The Amendm nt, which i attached, was presented bj a duly qualified and authorize 1 repre entatiYe of the Cod e Authority for the Ho iery Industry, com plying with statutor y requirements and being the Ao en y that is admini tering the Code . In accordance with cu tomary procedure every per o n who had filed a reque t for appearance wa freely heard in public and all statutory and regulatory requirem ents were comp li ed with. PROYISIONS OF THE A IEXDl\IENT The amendment fixes the working hour and minimum wages of those employees previou ly excepted from the wage and hour provisions of the Code s u c h as repair shop crews, engineer , electricians, etc . FI DINGS The D eputy Administrator in his final report to the ational Industrial Recovery Board on said amendments to aid Code having found as h e rein set forth and on the ba i s of all the proceedings in this matter: The National Industrial RecoYery Board find s that: (a) The amendment to said Code and the Code a amended are well designed to promote the poli c ie s and purposes of Title I 0 the National Industrial Recover y ct including the removal of ob -truction to the free flow of interstate and fore i g n commerce which tend to diminis h the amount thereof, and will provide for the general welfare by promotino the organization of inclu . try for the purpo e of cooperatiYe action among trade grouI b y inducing and maintaining united actio n of labor and management under adequate governmental anction and uperv i ion, by eliminating unfair com petitive practices, by promoting the fullest po s ible utilization of the pre. ent productive capacity of indu tries, by avoiding undue restriction of productio n ( except as may b e temporarily required) by increa ing the consumption of indu trial and agricultural prodnet through increasing purchasing power , by reducing and relieving unemployment by improving the tandards of labor and by otherwi e rehabilitating indu try . (b) The Code a amended comp lie s in all re pects with the pertinent provi ion of said Title of aid Act, including without limita-(2)

PAGE 5

3 tion Subsection (a) of Section 3, Sub ection (a) of Section 7, and Subsection (b) of Section 10 thereof. ( c) The Code empowers the Code Authority to present the aforesaid amendment on b ehalf 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 amendment and the Cor:le a s amended are not designed to and will not e liminate or oppress small enterprises and will not operate to discriminate again s t them. (f) Those engaged in other steps of the economic process have not b een deprived of the right to be heard prior to approval of said amendment. For those reasons this amendment has been approved. For the National Industrial Recovery B oard: MARCH 8, 1935. ,v. A. HARRIMAN, Administr ative Officer.

PAGE 6

Al\1E Dl\1E JT TO CODE OF FAIR CO~fPETITION FOR THE HOSIERY IND STRY Amend ARTICLE IV, by cancelling S tion 1 2, 3, 4, and 6, nnd substituting therefor the follmYing: 1. No person in the Hosiery Indu try hall employ any employee in productive operations in exce s of forty ( 40) hour per week. 2. (a) No per on employed in clerical or oflice "ork hall be permitted to work in excess of forty ( 40) hour in any one ( 1) week, except that during six ( 6) weeks of the period beo-inning January 1 an l ending June 30 of any year an l during ix ( 6) weeks of the period beginning July 1 and ending December 31 of any year, uch employees may be permitted to work not more than an additional < 'ight (8) hours per week, provided that not le . than one and onehalf (1) time the calculable hourly rate for uch employee i paid for any and all uch additional hour a may be vrnrkecl. The 14 hourly rate" shall be calculated by diYiding the weekly alary or wage of the employee by forty ( 40). (b) The provi ions of thi Article hall not apply to out ide sales men or to person employed in a supervi ory, manngerial or executive capacity who regularly earn thirty-five dollar ($35.00) per week or more. ( c) Persons employed in a supervisory capa ity "holly enga~ed in non-productive work who regularly earn le than thirty-hve dollars ($35 .00) per week but not less than fifty cent ($0 . 50) per hour, al o engineer , firemen, electrician machini t , repair-shop men, hipping force, cleaners and outside worker hall not be per-1 ~ 1itted to work in excess of forty-four ( 44) hours in any one (1) week. (cl) ,v a tchmen shall not be permitted to work in exce . of fifty ix (56) hour in any one (1) week, nor hall any "atchmen be permitted to work in excess of ix (6) days in any even (7) clay period. 3. Employees when engaged in emergency maintenance and repair work, involving breakdowns or protection of life or I roperty, may be permitted to work in exce s of the maximum number of hour pre cribe 1 by this Code, pr viclecl that all uch extra hour are ompensated for at n t l e than one and one-half (11/2 ) time the regular or calculable hourly rate. In the ca e of an employee not paid regularly on an hourly ba .i. hi hourly rat hall be calculated by diYiding his weekly pay by the number hour he ma) work per we~k under the provisions of the Code. 4 . (a) Dyehou e worker may be employed in exce of forty (40) hour per week only to the extent nece ary to finish a batch ~r to complete a continuous proce , provided that all hours beyond 1-orty ( 40) per week be com pen ated for at not le than one and one-half (1) time the regular or calculable hourly rate. The hourly rate ' hall be calculated by dividing the weekly alary or wac;e by forty ( 40). (4)

PAGE 7

5 (b) Machine fixers may be employed in excess of forty-four ( 44) hours per week only to the extent necessary to make machine repairs and machine changes, provided that all hours beyond nine (9) per day or forty-four (44) per wek be paid for at not l ess than one and one-half (1) times the regular or calculable hourly rate. The "hourly rate" shall be calculated by dividing the weekly salary or wage by forty-four ( 44). 6. The productive operations of a plant shall not exceed two (2) shifts of forty ( 40) hours each per week. The work week for pro ductive operations shall not exceed five ( 5) days of eight ( 8) hours each. These days shall be :Monday to Friday, inclusive , except in those states where the state laws operate to prevent the operation of two forty ( 40) hour shifts within the mentioned five ( 5) days. In such states, employers may operate one shift on Saturday, not to exceed six ( 6) hours ending at noon, provided that s uch employers utilize the maximum hours possible under state laws and under this Code in the preceding five ( 5) days, and provided further~ that in no event shall total machine hours exceed eighty ( 80) hours in any one week in any plant. Amend ARTICLE V , Section 9, by cancelling the present Section 9 and substituting therefor the following: 9. The minimum wages of all employees not spec ifi ed in Sections 1 and 2 of this Article, on the basis of forty ( 40) hours' labor per week, shall be at the f ollow.ing rates : Engineers _______________________________________________ ) Electricians ---------------------------------------------North ~iac~inists _____________________________________________ _ $lS.00 Repa1rshop men ________________________________________ _ Skilled Dyeho use wol'kers (including d ye in g machine and kettle operators) ___________________________________ ___ _ Office workers __________________________________________ _ Fire m e n ________________________________________________ _ Unskilled Dyehouse workers ______ _______________________ _ Shipping Force __________________________________________ $13.00 Watchmen ___________________________________________ ___ _ Cleaners _______________________________________________ _ Outside workers ----------------------------------------All others ________ _ _____________________________________ _ Approved Code No. 16-Amendment No. 5. R egistry No. 241-02. 0 South $16.25 $12.00

PAGE 8

UNIVERSITY OF FLORIDA II I l/11111/ l~III illl lllll II l!III II lllilll llllll llll llll llll I 3 1262 08482 8010