Citation
Amendment to code of fair competition for the beauty and barber shop mechanical equipment manufacturing industry as approved on April 15, 1935

Material Information

Title:
Amendment to code of fair competition for the beauty and barber shop mechanical equipment manufacturing industry as approved on April 15, 1935
Portion of title:
Beauty and barber shop mechanical equipment manufacturing 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:
8 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Beauty shop supplies industry -- Law and legislation -- United States ( lcsh )
Barbershops -- Equipment and supplies -- United States ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1606-05."
General Note:
"Approved Code No. 286--Amendment No. 2."

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:
647768842 ( OCLC )
ocn647768842

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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION
FOR THE

BEAUTY AND BARBER SHOP

MECHANICAL EQUIPMENT

MANUFACTURING INDUSTRY


AS APPROVED ON APRIL 15, 1935


E DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


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


.Approved Code No. 286-Amendment No. 2


Registry No. 1606-05

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C.. and by the following N. R. A. offices:

Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Mdl.: 130 Customhouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston. Mass.: Room 1200, 80 Federal Street.
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland, Ohio.: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
Houston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Building.
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville. Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh. Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Buibliin.
Providence. R. I.: National Exchange Bank Builtlnin, 17 Exchangb
Street.
St. Louis. Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Hilllmllli Bank Building, 785 Market Street.
Seattle. Wash.: 1730 Exchll:n:e Building.













Approved Code No. 286-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

BEAUTY AND BARBER SHOP MECHANICAL
EQUIPMENT MANUFACTURING INDUSTRY
As Approved on April 15, 1935


ORDER

APPRovING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
BEAUTY AND BARBER SHOP 'MECHANICAL EQUIPMENT M[ANUFACTUR-
ING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of an
amendment to the Code of Fair Competition for the Beauty and
Barber Shop Mechanical Equipment Manufacturing Inldustry, 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 au-
thority vested in it by the Executive Orders of the President, in-
cluding Executive Order No. 6859, dated September 27, 1934, and
otherwise, do hereby incorporate by reference said annexed report
and do 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 do hereby order that said amendment be and it is hereby ap-
proved, and that the previous approval of said Code is hereby modi-
fied to include an approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative' Officer.
Approval recommended:
JoH~ W. UPP,
Acting Division Administrator.
WASHINGTON, D. C.,
April 15, 1935.
120918--1749-45--35 (1













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: An application has been duly made, purisuant to and in full
compliance with the provisions of the Natioiial Industrial Recovery
Act, for an anmelndlient to the Code of Fair Competition for the
Beauty and Barber Shop Mechanical Equipment Manufa'tulring In-
dustry, submitted by said Industry through its Code Authority.
On December 4, 1934, a public hearing was held in Washington,
D. C. Every person that requested an appearance was properly
heard in accordance with the statutory and regulatory requirements.
The amendment was re\i-ed during the recess and submitted in its
pre..snt form for approval.
The proposed amendment clarifies the definition of the industry
and adds certain standard definitions; it modifies certain labor pro-
visions; it includes several standard administration provisions; it
provides for more efficient administration organization; and it adds
certain trade practice provisions and clarifies other trade practice
provisions.
The Deputy Administrator in his final report on said amendment
to said Code having found as herein set forth and also in his memo-
randum which is incorporated herein by reference. and on the basis
of all the proceedings in this matter:
It is found 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 obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof and will provide for the general wel-
fare 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 competitive prac-
tices, by promoting the fullest utilization of the present productive
capacity of the industries, by avoiding undue restriction of produc-
tion (except as may be temporarily required) by increasing the con-
sumption of industrial and agricultural products through increasing
purchasing power, by reducing and relieving unemployment, by im-
proving 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.
(2)






3

(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 these reasons, therefore, this amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Adlinliltrat'ive Officer.
APRIL 15, 1935.











AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BEAUTY AND BARBER SHOP MECHANICAL
EQUIPMENT MANUFACTURING INDUSTRY

Amend the title of the Code to read as follows:
Code of Fair Competition for the Beauty and Barber Equip-
ment Manilufacturing Industry."
Amend Article I to read as follows:
To effectuate the policy of Title I of the National Industrial
Recovery Act the following provisions are established as a Code of
Fair Competition for the Beauty and Barber Equiplment Manufac-
turing Industry and shall be the standards of fair competition for
such Industry and shall be binding upon every member thereof."
Amend the first paragraph of Article II, to read as follows:
"As used herein, the term, Industry' shall mean the Industry
engaged in the United States, its territories and possessions, in the
business of manufacturing for sale and selling by the Manufacturer
of permanent waving machbinee, equipment, accessories also pads,
saclets and chemical solution used in the process of permanent wav-
ing, hair dryers, scalp .teamers, nma sage machines, electrical eye-
brow tweezers, and articles of mechanical equipment and accessories
used therewith (excluding chairs and furniture) used exclusively
in beauty shops and barber shops, and such other related products
as may from time to time be included under the provisions of this
Code, and the primary sale thereof under a trade mark, trade name,
or brand, or in having such products manufactured for him under
his own brand or specifications.
Amend Article II by adding the following paragraphs:
The term office boy' as used herein includes boys over sixteen
(16) and under eighteen (18) years of age employed as errand boys
and in miscellaneous routine office work, exclusive of stenographic,
accounting and clerical work.
The term 'office girl' as used herein includes girls over sixteen
(16) and under eighteen (18) years of age engaged in doing the
same class of work as is done by office boys.
The term 'outside salesinen as used herein includes employees
who are engaged wholly in sales work outside the manufacturing
establishment.
The term 'outside service employees' as used herein includes
employees engaged wholly in service work outside the manufacturing
establishment.
The term 'watchmen as used herein includes persons engaged
enclusively in watch service and is not to include any person, any
part of whose time is devoted to any manufacturing or continuous
process operation."
Amend Article V, Section 6, to read as follows:
"Employers shall not re-classify employees or duties of occupa-
tions performed by employees, or engage in any other subterfuge
so as to defeat the purposes of the Act or the provisions of this Code."








Amend Article V by deleting Section 7, and substitute the
following:
Each employer shall post and keep posted in ten point type or
larger the full Labor Provisions of this Code, and the name and
address of the nearest official place where Code violations may be
reported in English and in such other languages as the employees
may need to understand them, in conspicuous places readily acces-
sible to each employee in the normal course of his customary occupa-
tions. Every employer shall comply with all rules and regulations
relative to the posting of provisions of the Code of Fair Competi-
tion which may from time to time be prescribed by the National
Industrial Recovery Board."
Amend Article V, Section 8 to read as follows:
"(a) 1. A person may be permitted to engage in homework at
the same rate of wages as is paid for the same type of work per-
formed in the factory or other regular place of business if a certifi-
cate is obtained from the State authority or other officer designated
by the United States Department of Labor, such certificate to be
granted in accordance with instructions issued by the United States
Department of Labor, provided
(a) Such person is physically incapacitated for work in a fac-
tory or other regular place of business and is free from any con-
tagious disease; or
(b) Such person is unable to leave home because his or her serv-
ices are absolutely essential for attendance on a person who is bed-
ridden or an invalid and both such persons are free from any con-
tagious disease.
2. Any employer engaging such a person shall keep such cer-
tificate on file and shall file with the Code Authority for the trade
or industry or subdivision thereof concerned the name and address
of each worker so certificated.
"(b) No manufacturing operations shall be conducted or permitted
in any unsanitary or unsafe tenements, private houses, basements,
or in any unsanitary or unsafe buildings, nor shall any labor be
employed in any manufacturing or assembling operation or in
repair work under conditions, or in buildings, that are unsanitary
or unsafe. A manual for Standards in Sanitation and Safety shall
be submitted by the Code Authority to the National Industrial Re-
covery Board and shall be recommended by the American Standards
Association of the United States or Public Health Service and shall
become the minimum standards of this Code."
Amend Article VI, Section 3 (a) to read as follows:
"Each member of the Industry shall sell only upon the basis of
open prices."
Amend Article VI by deleting Sections 3 (b) and 3 (c) and sub-
stituting the following as Section 3 (b), 3 (c), 3 (d) and 3 (e):
"(b) Each member of the Industry shall file with a confidential
and disinterested agent of the Code Authority or, if none, then with
such an agent designated by the National Industrial Recovery Board,
identified lists of all of his prices, discounts, rebates, allowances,
and all other terms or conditions of sale, hereinafter in this Article
referred to as 'price terms', which lists shall completely and ac-








curately conform to and represent the individual pricing practices
of said member. Such lists shall contain the price terms for all
such standard products of the Industry as are sold or offered for sale
by said member and for such non-standard products of said member
as shall be designated by the Code Authority. Said price terms
shall in the first instance be filed within (10) days after the date
of approval of this provision. Price terms and revised price terms
shall become effective immediately upon receipt thereof by said
agent. Immediately upon receipt thereof, said agent shall by tele-
graph or other equally prompt means notify said member of the
time of such receipt. Such lists and revisions, together with the
effective time thereof, shall upon receipt be immediately and simul-
taneously distributed to all members of the Industry and to all of
their cu-.timiers who have applied therefore and have offered to de-
fray the cost actually incurred by the Code Authority in the prepara-
tion and distribution thereof and be available for inspection by any
of their customers at the office of such agent. Said lists or revi-
sions or any part thereof shall not be made available to any person
until released to all members of the Industry and their customers,
as aforesaid; provided, that prices filed in the first instance shall
not be released until the expiration of the aforesaid ten (10) day
period after the approval of the amendment. The Code Authority
shall maintain a permanent file of all price terms filed as herein
provided, and shall not destroy any part of such records except
upon written consent of the National Industrial Recovery Board.
Upon request the Code Authority shall furnish to the National
Industrial Recovery Board or any duly designated agent of the
National Industrial Recovery Board copies of any lists or revisions
of price terms.
(c) When any member of the Industry has filed any revision,
such member shall not file a higher price within forty-eight (48)
hours.
"(d) No member of the Industry shall sell or offer to sell any
products/services of the Industry, for which price terms have been
filed pursuant to the provisions of this Article, except in accordance
with such price terms.
"(e) No member of the Industry shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the Industry to
change his price terms by the use of intimidation, coercion, or any
other influence inconsistent with the maintenance of the free and
open market which it is the purpose of this Article to create.
Amend Article VI, Section 3, by inserting the following as sub-
cct.t ion (f) :
On and after May 1, 1935, no member of the Industry shall sell
any mechanical equipment, permanent waving supplies or other
merchandise, the manufacture or sale of which is governed by this
Code, without having first affixed thereto a label supplied by and
purchased from the Code Authority. Subject to such rules and regu.
lations as may heretofore have been or may hereafter be issued under
Title I of the Act, covering the use of labels under codes of fair
competition, the Code Authority shall have the power to create such
classes and varieties of labels as it shall deem necessary, and to make








reasonable rules and regulations governing the affixing of .uchi label
to all merchandise sold by members of the Industry. The privilege
of using such labels may be withdrawn and the issuance and use
thereof may be suspended in respect to any member of the Industry
whose operations, after appropriate hearing by the Code Authority
and review by the National Industrial Recovery Board, shall have
been found to be in violation of the requirements of this Code, and
the Code Authority shall have the power to demand of each member
of the Industry desiring to obtain and use such labels, such cert ifi4catet.
or other evidence of compliance as it may deem appropriate, subject
to approval of the National Industrial Recoverr Board."
Amend Article VI, Section 3 by deleting subsection (d) and
substitute in lieu thereof a new subsection (g) to read as follows:
No member of the Industry shall secretly offer or make any pay-
ment or allowance of a rebate, refund, commission, credit, unearned
discount or excess allowance, whether in the form of money or
otherwise for the purpose of influencing a sale, nor shall a member
secretly or otherwise extend to any customer any special service or
privilege not extended to all customers of the same class."
Amend Article VI, Section 6 (a) to read as follows:
"No member of the Industry shall accept from any customer the
return of shopworn, damaged or obsolete merchandise unless said
customer shall have obtained the written authorization of the mem-
ber of the Industry to make such return. The member of the Indus-
try shall charge the customer the actual cost of handling all goods
returned and, in addition, the necessary cost of reconditioning, re-
pairing or modernizing the goods to put them in a saleable condition.
The provisions of this Section shall not apply to any article which
is defective material or workmanship, and which upon examination
is found to be defective.
Amend Article VI, by deleting Section 7 and substituting there-
for a new Section 7, as follows:
No member of the Industry shall manufacture or sell any per-
manent wave supplies which do not have plainly printed or em-
bossed upon all pads, sachets, bottles, labels, boxes and containers
the name and address of the member of the Industry by whom and
for whom such permanent wave supplies are manufactured, pro-
vided, however, that any member of the Industry who is engaged in
or desires to engage in the making of permanent waving supplies
for others may, upon application to the Code Authority, obtain one
or more registered numbers, which numbers shall be assigned for
the sole and exclusive use of such Member of the Industry, and
thereupon may manufacture permanent waving supplies bearing the
name and address of any other manufacturer, dealer or shop together
with any registered number which has been so assigned to such
Member of the Industry by the Code Authority, such number,
together with a design or insignia approved by the Code Authority
to be in lieu of the name and address of the Member of the Industry
actually manufacturing such permanent waving'supplies."
Amend Article VI, by adding the following new Section 10:
"Section 10. No member of the Industry shall designate as an
"advertising allowance ", a promotion allowance ", or by a similar
term, any price reduction, discount, bonus, rebate, concession, or









other form of allowance, or any consideration for advertising or
promotion services, offered or given by him to any customer.
No member of the Industry shall offer or give any consideration
merely for pushing ", "advertising ", or otherwise than for definite
and specific advertising or promotion services. Such consideration
shall be given only pursuant to a separate written contract therefore,
which contract shall specifically and completely set forth the adver-
tising or promotion services (in such manner that their specific
character may be understood by other members of the Industry and
their customers) to be performed by the recipient of said considera-
tion, the precise consideration to be paid or given therefore by said
member, the method of determining performances, and all other
terms and conditions relating thereto.
"(a) Immediately upon the making of any such contract for
advertising or promotion services by any member of the Trade/In-
dustry, a true copy thereof shall be filed by said member with a
confidential and disinterested agent of the Code Authority (as
provided for in this Code), or, if none, then with such an agent
to be designated by the National Industrial Recovery Board. Said
agent shall maintain all copies of such contracts on file until six (6)
months after the termination thereof, and shall make the same
available at his office for inspection at all reasonable times by all mem-
bers of the Trade/Industry, and all of their customers and shall
distribute a true copy of any such contract to any member of the
Industry or any customer who applies therefore and offers to pay
the cost actually incurred by the Code Authority in the actual prep-
aration and distribution thereof; provided, that no such inspection
or copy shall be permitted or made available to any person until
permitted or made available to all members of the Industry and
their customers, as aforesaid. Upon request, said agent shall furnish
to the National Industrial Recovery Board, or any duly designated
agent of said Board, copies of any such contract.
Amend Article VII, Section 7, by inserting the following as
Subsection (c) :
"Each member of the Industry shall keep accurate and complete
records of its transactions in the Industry whenever such records
may be required under any of the provisions of this Code, and shall
furnish accurate reports based upon such records concerning any
of such activities when required by the Code Authority or the Na-
tional Industrial Recovery Board. If the Code Authority or the
National Industrial Recovery Board shall determine that substantial
doubt exists as to the accuracy of any report, so much of the pertinent
books, records and papers of such members as may be required for
the verification of such report may be examined by an impartial
agency, agreed upon between the Code Authority, and such member
or in the absence of agreement, appointed by the National Industrial
Recovery Board. In no case shall the facts disclosed by such examina-
tion be made available in identifiable form to any competitor, whether
on the Code Authority or otherwise, or be given any other publication,
except such as may be required for the proper administration or en-
forcement of the provisions of this Code.
Approved Code No. 286-Amendment No. 2.
Registry No. 1606-05.































































































































































































































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PAGE 1

Approved Code No. 286-Amendment No.2 Registry No. 1606-05 RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BEAUTY AND BARBER SHOP MECHANICAL EQUIPMENT MANUFACTURING INDUSTRY AS APPROVED ON APRIL 15, 1935 o, " '' -U.S. DErvvt' UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents, " 'ashington, D. C. -Price 5 cents

PAGE 2

. ' This publication is for sale by the Superintendent o f Go\ernlllent Printing Ofli e e, Wa hington, D. C .. and by the following N . R. A. offices : Atlanta, Ga.: 625 Citizens & Southern National Bank Building. Baltimore, Mu . : 130 Customhou s e. Birmingham, Ala.: 201 Liberty National Life Building. Boston. Mass. : Room J 200. 80 Federal Street. Buffalo, N. Y.: 219 White Duilding. Chicago, Ill.: Room 204, 400 North Michigan Avenue. Cle\eland, Ohio.: 520 Bulkley Building. Dallas, Tex.: Rermblic Bank Building. Detroit, Mi ch.: 4J 5 New li'edernl Building. Hou ton, Tex.: 403 Milam Building. Jacksonvill e, Fla.: 425 United States Courthouse and Pos t Office Building. Los Angeles, Calif.: 751 Figueroa Street, South. Loui ville. Ky.: 408 Federal Building . Minneapoli s, l\1inn.: 900 Roanoke Building. Na bYilie, Tenn.: 4 15 Cotton States Building. Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. New Orleans, La.: 214 Customhouse. New York, N. Y.: 45 Broadway. Oklahoma City, Okla.: 427 Commerce Exchange Building. Philadelphia, Pa.: 933 Commercial Trust Building. Pittsburg-h. Pa.: 401 Law and Finance Buildin&. Portland, Oreg.: 407 Park Building. Providence. R. I.: National Exchange Bank Builcllng, 17 Exchange Street. ' St. L ouL. 1\Io.: Suite 1220, 506 Olive Street. San Franei::;co, Calif.: HumboH Bank Building, 785 Market Street. Seattle. W< b.: 1730 ExclJang e Building. I .

PAGE 3

Approved Code No. 286-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BEAUTY AND BARBER SHOP MECHANICAL EQUIPMENT MANUFACTURING INDUSTRY As Approved on April 15, 1935 ORDER ArPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR THE BEAUTY AND BARBER SHOP :MECHANICAL EQUIPMENT ACTUR ING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Indus trial Recovery Act, approved June 16, 1933 :for approval of an amendment to the Code of Fair Competition for the Beauty and Barber Shop :Mechanical Equipmen t Indu try, and hearings having been duly held thereon and the annexed report on said amendment, containing finding s with re pect thereto, having been made and directed to the Pre ident: NOW, THEREFORE on behalf of the Pre ident of the United States, the National Industrial Recovery Board pursuant to authority ve ted in it by the Executive Order of the Pre ident, including Executive Order No. 6859 , dated September 27, 1934, and otherwi e, do hereby incorporate by reference said annexed report and do find that said amendment and the Code as constituted after being amended comply in all re pects with the pertinent provi ions and -will promote the policy and purpose of said title of aiel act; and do hereby order that said amendment be and it is here by approved, and that the previous approval of said Code is hereby modi fied to include an approval of said Code in it entirety a amended. NATIONAL INDUSTRIAL REcovERY BoARD, By \V. A. HARRIMAN, Administrativ Office?'. Approval recommended: JonN \V. UPP, Acting Di ision Admini trator. ''A HINGTON, D. c. April 15 1935. 120918 ----1749-45----35 (1)

PAGE 4

REPORT TO TI-IE PRESIDENT The PRE IDE T, The lV hite H ou. s e. Sm: An application has been duly male, pursuant to and in full compliance with the provision of the National Indu trial Recovery Act for an amendment to the Code of Fair Competition for the B auty and Barber Shop Mechanical Equipment JVIanufacturing Inclu try, submitted by said Industry through its Code Authority. On D cember 4, 1934, a public hearing was held in \Vashington, D. C. Every person that reque s ted an appearance was properly hear l in accordance with the tatutory anJ regulatory requirements. The amendment wa revi s ed during the rece and submitted in its pre ent form for approval. The proposed amendment clarifies the definition of the industry and adds certain standard definitions; it modifies certain labor provisions; it includes several standard administration provisions; it provide for more efficient administration organization; and it adds trade practice provisions and clarifies other trade practice prOVJSlOnS. The Deputy Administrator in his final report on said amendment to aiel Code having found as herein set forth and also in his memorandum which is incorporated herein by reference. on the basis of all the proceedings in this matter: It is found 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 obstruc tion to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general 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 banction and supervision, by eliminating unfair competitive prac tices, by promoting the fullest utilization of the pre ent productive capacity of the industries, by avoiding undue restriction of production (except as may be temporarily required) by increasing the con sumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment: by improving tandarcls of labor, and by other\vise rehabilitating indu try. (b) The Code as amended complie in all re pects with the pertinent provision of said Title of said Act, including without limitation Sub. ection (a) of Section 3, Subsection (a) of Section 7 and ub ection (b) of Section 10 thereof. (c) The Code empower 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 de igned to and will not permit monopolies or monopolistic practices. (2)

PAGE 5

3 (e) The amendment and the Code as amended are not designed to and will not eliminate or oppre s small enterprises and will not operate to discriminate against them. (f) Those engaged in other s t eps of the economic process have not been deprived of the right to be heard prior to approval of said amendment. For these r easons, therefore, this amendment has been approved. For the National Industrial RecoYer y Board: APRIL 15, 1935. ,v. A. HARRIMAN, 0 ffice?o.

PAGE 6

TO CODE OF FAIR FOR THE BEAUTY AND BARBER SHOP :MECHANICAL EQUIPMEN T JVIA:NUFACT URING INDUSTRY Amend the title of the Code to r ead as follow s : "Code of Fair Comp etition for the B eauty and Barbe r Equipm ent JVIanufacturing Industry." Ame n d Article I t o r ead as follows: "To effectuate the poli c y of Title I of the National Industrial R e c o very A c t the f o llowin g prov i s ion are e s tabli s hed as a Code of Fair C o mp etition for the B e au t y and Barber Equipment Manufacturing Industry and shall b e the standards of fair comp etition for suc h Industry and hall b e binding upon every m embe r thereof." Amend the fir t paragraph of Article II, to read a follows: "As u s ed herein, the term, 'Industry' shall mean the Industry enoaged in the United State , its territories and pos essions, in the bu ine ss of manufacturing for ale and elling by the of permanent waving machines, equipment, accessories also pads, sach e ts and ch e mical solution u ed in the process of permanent waving, hair dryers, s calp s teamer , mass age machines, electrical eye brow tweezers, and arti les of mechanical equipment and accessories used therewith (excluding chairs and furniture) used exclusively in beauty s hop and barber shop s , and such other related products as may from time to time be included under the provisions of this Cod e , and the primary sale thereof under a trade mark, trade name, or brand, or in having s uch products manufactured for him under his own brand or s pecifications. Amend Article II by adding the following paragraphs: " The term ' office boy ' as used herein includes boys over sixteen (16) and under eighteen (18) y ears of age employed as errand boys and in mis cellaneous routine office work, exclusive of stenographic , ac counting and cleri c al work. : ' The term ' offic e girl ' as u ed herein includes girls over sixteen (16) and unde r eighteen (18) years of age engaged in doing the same class of work a s is done by office boys. 1 "The term 'outside sale smen' as u sed herein includes employee8 who are engaged wholly in sales work outside the manufacturing e stablishment. "The term 'outside service employees' as used herein 'includes employees engaged wholly in service work outside the manufacturing e tablis hment. r ' "The term 'watch111en " a s used herein includes persons engaged enclu s iv ely in watch s e rvice and is not to include any person, any part of who s e time i s devoted to any n1anufacturing or continuous proce s s operation." Amend Article V, Section 6, to read as follows : "Employers shall not re-classify employees or duties of occupations performed by employees, or engage in any other subterfuge so as to defeat the purpo e s of the Act or the provisions of this Code." (4)

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5 Amend Article V by deleting Section 7, and substitute the following: "Each employer sliall post and keep posted in ten point type or larger the full Labor Provisions of this Code, and the name and address of the nearest official place where Code violations may be reported in Englis h and in such other languages a the employees may need to understand them, in conspicuous places readily acces sible to each employee in the normal course of lus customary occupa tions. Every employer shall comply with all rules and regulations relative to the po sting of provisions of the Code of Fair Competi tion which may from time to time be prescribed by the National Industrial Recovery Board." Amend Article V, Section 8 to read as follow s : " (a) 1. A pers on may be permitted to engage in homework at the same rate of wages as is paid for the same type of work performed in the factory or other regular place of bus1ne ss if a certifi cate is obtained from the State authority or other officer designated by the United States Department of Labor, such certificate to be granted in accordance with instructions issued by the United States Department of Labor, provided (a) Such person is physically incapacitated for work in a factory or other regular place of business and is free from any contagious disease; or (b) Such person is unable to leave home because his or her serv ices are absolutely essential for attendance on a person who is bedridden or an invalid and both such persons are free from any contagious disease. 2. Any employer engaging such a person shall keep such cer tificate on file and shall file with the Code Authority for the trade or industry or subdivision thereof concerned the name and address of each worker so certificated. "(b) No manufacturing operations shall be conducted or permitted in any unsanitary or unsafe tenements, private hou ses, basements, or in any unsanitary or unsafe buildings, nor shall any labor be employed in any manufacturing or assemblinO' operation or in repair work under conditions, or in buildings , that are unsanitary or unsafe. A manual for Standards in Sanitation and Safety shall be submitted by the Code Authority to the National Industnal Re covery Board and shall be recommended by the American Standards Association of the United States or Public Health Service and shall become the minimum standards of this Code." Amend Article VI, Section 3 (a) to read as follows: "Each member of the Industry shall sell only upon the basis of open prices." Amend Article VI by Sections 3 (b) and 3 (c) and substituting the following as Sectwn 3 (b), 3 (c), 3 (d) and 3 (e) : "(b) Each member of the Industry shall file with a confidential and disinterested agent of the Code Authority or, if none, then with such an agent designated by the National Industrial Recovery Board, identified lists of all of his prices, discounts, rebates, allowances, and all other terms or conditions of sale, hereinafter in this Article referred to as 'price terms', which lists shall completely and ac-

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6 curately conform to and r e pres ent the individual pricing practices o f said me mb e r. S u c h li sts shall contain the price terms for all s u c h s t a ndard products of the Industry a s are sold or offered for s ale b y said m e mb e r and f o r s uch nonstandard products of said member a s shall b e desi gnate d by the Code Authority. Said price terms shall in the firs t instanc e be fil e d within (10) days after the date of a p prova l of this p ro v i s ion. Pric e terms and revi s ed price terms sh all b eco m e effective imme di a t e ly upon receipt thereof by said agent. Immediate ly upo n receipt thereof, said agent shall b y tele g raph or o ther equally prompt m e ans notify said memb e r of the time of s u c h receipt. Suc h lis ts and revi s ions , t o geth e r with the effe cti ve time thereo f, sh all upon receipt be immediately and simultan e ou s l y distribute d to all memb e r s of the Industry and to all of their c u tom ers w ho hav e a ppliecl therefor and have offe r e d to defray the c o s t actu a lly incurred by the Code Authority in the preparation and distribution the r eof and b e available for ins pection by any of their custom e rs at the office of s u c h a g ent. Said li sts or revi s ions or any part thereof shall not be made available to any person until relea se d to all members of the Industry and their customers, a s afore said; provide d, that prices filed in the first instance shall not be relea s ed until the expiration of the aforesaid ten {10) clay period after the approval of the amendment. The Code Authority shall maintain a permanent file of all price terms filed as herein provided, and shall not destroy any part of such records except upon written consent of the National Industrial Recovery Board. Upon request the Code Authority shall furnish to the National Industrial Recovery Board or any duly de signated agent of the National Industrial Recovery Board copies of any lists or revisions of ?trice terms. ' (c) When any member of the Industry has filed any revision, s uch memb e r shall not file a higher price within forty-eight {48) hours. " (d) :No member of the Industry shall s ell or offer to sell any products/services of the Industry, for which price terms have been filed pursuant to the provis ions of this Article, except in accordance with such price terms . " {e) No memb e r of the Industry shall enter into any agreement, unde r standing, combination or con spiracy to fix or maintain price terms, nor cau s e or attempt to cause any member of the Industry to change his price terms by the use of intimidation, coercion, or any othe r influenc e inc on s i tent with the maintenance of the free and op e n marke t whi c h it i the purpos e of this Article to create. Amend Article VI, Section 3, by inserting the following as s ub (f) : " On and after May 1, 1935, no member of the Industry shall sell any me chanical equipment, permanent waving supplies or other merchandis e, the manufacture or sale of which is governed by this Code, without having fir s t affix e d thereto a label supplied by and purchased from the Code Authority. Subject to such rules and regu lations as may heretofore have been or may hereafter be issued under Title I of the Act, covering the u e of labe ls under codes of fair c ompetition, the Code Authority shall have the power to create such clas ses and varietie s of labels as it shall deem nece ssary, and to make

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7 reasonable rules and regulations governing the affixing of s uch l a b e l s to all merchandise sold by members of the Indu try. The privilege of using such labels may be withdrawn and the i suance and u e thereof may be suspended in re s pect to any member of the Indu try whose operations, after appropriate hearing by the Cod e Authority and review by the National Indu trial R e covery Board, s h a ll h ave been found to be in violation of the requirements of this Cod e, and the Code Authority shall have the power to d emand of ea c h m e m ber of the Industry desiring to obtain and use uch labels, s uch certifi ca tes or other evidence of compliance as it may deem appropriate, s ubj c t to approval of the National Industrial R e cover:r Board." Amend Article VI, Section 3 by del eting s ubsection (d) and substitute in lieu thereo f a n e w subse c tion (g) to r ead as follows: "No men1.ber of the Indu try shall se cretly offer or make any pay Inent or allowance of a rebate, refund, commi s sion, credit, unearned discount or excess allowance, whethe r in the form of money or otherwise for the purpose of influencing a sale, nor shall a memb e r secretly or otherwise extend to any cu stomer any special servi c e or privilege not extended to all customers of the same class." Amend Article VI, Section 6 (a) to read as follows : "No member of the Industry shall accept from any customer the return of shopworn, damaged or obsolete merchandise unless said customer shall have obtained the written authorization of the member of the Indu.Gtry to make such return. The member of the Industry shall charge the customer the actual cost of handling all goods returned and, in addition, the necessary cost of reconditioning, re pairing or modernizing the goods to put them in a saleable condition. The provisions of this Section shall not apply to any article which is defective material or workmanship, and which upon examination is found to be defective. Amend Article VI, by deleting Section 7 and substituting therefor a new Section 7, as follows : " No member of the Industry shall manufacture or sell any per manent wave supplies which do not have plainly printed or em bossed upon all pads, sachets, bottles, labels, boxes and containers the name and address of the member of the Industry by whom and for whom such permanent wave supplies are manufactured, pro vided, however, that any member of the Industry who is engaged in or desires to engage in the making of permanent waving supplies for others may, upon application to the Code Authority, obtain one or more registered numbers, which numbers shall be assigned for the sole and exclusive use of such of the Industry, and thereupon may manufacture permanent waving upplies bearing the name and address of any other manufacturer, dealer or shop together with any registered number which has been so assigned to such of the Industry by the Code Authority, uch number, together with a design or insignia approved by the Code Authority to be in lieu of the name and address of the Member of the Indn try actually manufacturing such permanent waving' supplies." Amend Article VI, by adding the folowing new Section 10 : "Sectjon 10. No member of the Industry shall designate as an "advertising allowance", a "promotion allowance", or by a similar term, any price reduction, discount, bonus, rebate, concession, or

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8 other form of allowance, or any consideration for advertising or promotion services, offered or given by him to any customer. ".No member of the Industry shall offer or give any consideration merely for "pu hing ", "advertising", or otherwise than for definite and spec ific advertising or promotiOn services. Such consideration shall be given only pursuant to a separate written contract therefor, which contract shall s pecifically and completely set forth the advertising or promotion services (in such manner that their specific character may be understood by other n1embers of the Industry and their customers) to be performed by the recipient of said considera tion, the precise consideration to be paid or given therefor by said memb e r, the method of determining performances, and all other terms and conditions relating thereto. " (a) Immediately upon the making of any such contract for advertising or promotion services by any member of the Trade/Industry, a true copy thereof shall be filed by said member with confidential and disinterested agent of the Code Authority (as provided for in this Code), or, if none, then with such an agent to be designated by the National Industrial Recovery Board. Said agent shall maintain all copies of such contracts on file until six (6) months after the termination thereof, and shall make the same available at his office for inspection at all reasonable times by all mem bers of the Trade/Industry, and all of their customers and shall distribute a true copy of any such contract to any member of the Industry or any customer who applies therefor and offers to pay the cost actually incurred by the Code Authority in the actual preparation and distribution thereof; provided, that no such inspection or copy shall be permitted or made available to any person until permjtted or made available to all members of the Industry and their customers, as aforesaid. Upon request, said agent shall furnish to the National Industrial Recovery Board, or any duly designated agent of said Board, copies of any such contract. Amend Article VII, Section 7, by inserting the following as Subsection (c) : "Each member of the Industry shall keep accurate and complete records of its transactions in the Industry whenever such records may be required under any of the provisions of this Code, and shall furnish accurate reports based upon such records concerning any of such activities when required by the Code Authority or the N a tional Industrial Recovery Board. If the Code Authority or the National Industrial Recovery Board shall determine that substantial doubt exists as to the accuracy of any report, so much of the pertinent books, records and papers of such members as may be required for the verification of such report may be examined by an impartial agen c y, agreed upon between the Code Authority, and such memberi or in the ab ence of agreement, appointed by the National Industria Re overy Board. In no case shall the facts disclosed by such examination be made available in identifiable form to any competitor, whether on the Code Authority or otherwise, or be given any other publication, except such as may be required for the proper administration or en forcement of the provi. ions of this Code. Aprno•ed Code No. 286-Amendment No. 2. Registry No. 1606-05. 0

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UNIVERSITY OF FLORIDA Ill II 1111111111111111111111 II 11111111 II II 1111111111111111111111 I 3 1262 08583 0759