Approved Code No. 352 Registry No. 234-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

FLAG MANUFACTURING 

INDUSTRY 

AS APPROVED ON MARCH 21, 1934 

WE DO OUR PART 

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TO"'Y 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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D -. Tex. : Chamber of Comn:erce Building. 

De o·r. ·ch.: : -1 F " .:-t _ -a ·ona1 Bank Buildine. 

Hom: on Tex. : Cham er of Commerce Building. 

Indianapo · , Ind. : Chamber of Commerce Building. 

Ja -omille. Fla.: Chamber of Commerce Building. 

Kans s Ciry Y o. : 1 ~~ Baltimore A ,enue. 

Lo_ An~e -. Calif. : l163 o:h Broadway. Lo ·... · e. K.,. : F ederal Building. 

emphis-. Tenn.: 229 Federal Bo.ilding. · ea o · - · : 213 F ederal Building. _ ·ew 0:::- eB.IlS. La.: Room 22-5--.A., Customhouse. _ ·ew York. _ · .Y.: -34 Cn:r.omholl8e . 

• ·c olk. a.: 406 E ast P.nme utree 

Philad~lpbi · Pa.. : 4.2:2 omm cial Tm:: B . ding. 

Pittsburgh. Pa.: Chamber of Commerce Building. 

Por- and, n:::--eg.: 215 _ ·ew Post Office Building. 

Lollis. ~o. : 506 Oli'rn treet. 

Francisco C · : 31 Custom.hon...~ 

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Approved Code No. 352 

CODE OF FAffi COMPETITIO::"{ 

FOR THE 

FLAG MANUFACTURING INDUSTRY 

As Approved on March 21, 1934 

ORDER 

ConE OF F arR CoMPETITIOK FOR THE FLAG Ia .. ;-c-F .i.CT-c1uxG 

Th7)USTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the -ational Industrial 

Recovery Act, appro,ed June 16, 1933, for appro,al of a Code of 

Fair Competition for the Flag 1fanufacturing Industry and hearings 

having been duly held thereon and the annexed report on aid Code, 

containing findings mth respect thereto, hanng been made and directed to the President: 

OW, THEREFORE, on behalf of the Pre~ident of the l-nited 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executi,e Orders of the 

President, including Executi,e Order o. 6543-.A, dated December 

30, 1933, and otherwise, do hereby incorporate by reference aid 

annexed report and do find that said Code complies in all re pect 

with the pertinent provisions and will promote the policy and purposes 

of said Title of said .Act; and do hereby order that said Code of Fair 

Comp~tition be and it is hereby appro,ed, ubject to the following 

prOVISIOn: 

That application of provisions of Article X of aid Code be tayed 

for a period of thirty (30) days from the effective date of this Code 

and further until such time as there shall be a hearing to determine 

rules and regulations of the homework provisions contained in Codes 

of Fair Competition and the determination by the Adrnjnistrator 

thereof. 

HUGH . JOHX ox 

Approval recommended: 

Admini~trator for Industrial Recorery. 

A. D . ~ HITE IDE, 

Dii'ision Administrator. 

WASHINGTO-'-, D.O., 

)larch 21, 1934, 

47767°~25--112-34 (319) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: The Public Hearing on the Code of Fair Competition for the 

Flag 1Ianufacturing Industry as proposed by the National Associa- tion of Flag 1anufacturers was conducted in the Willard Hotel, 

Washington, D.C., Jovember 17, 1933. 

Every person who requested an appearance was fairly heard in 

accordance with the regulations of the National Recovery Admin- istration. The Code has the approval of the Labor, Industrial and 

Consumers' Advisory Boards of the ational Reco,ery .Administra- tion and of the Legal Division. The Chairman of the Code Com- mittee, upon authorization of the Committee has also given his 

appro,al to the final draft of the Code on behalf of the Industry. 

The Industry as defined in the Code includes the manufacture of 

flags, banners, patriotic decorations and bunting decorations. The 

Submitting Association represents 90% of the Industry by number of 

concerns and approximately 90% by volume of business. In 1928 

the aggregate number of employees was five hundred and in 1933 

three hundred. However, the aggregate annual sales volume dropped 

from four million dollars in 1928 to one million two hundred thousand 

dollars in 1933. The decrease in the employment amounted to 

40% but the decrease in annual sales amounted to 70%. 

RESUME OF THE CODE 

Article I gives the purposes of the Code. 

Article II sets forth certain definitions. 

Article III contains the maximum hour provisions of the Code . .Article I\ establishes the minimum wage for employees in the 

Industry. 

Article V sets forth the General Labor Provisions. 

Article VI provides the general organization of the Code Authority 

and defines its powers and duties. 

Article VII sets forth Trade Practices which are unfair and which 

shall be eliminated. 

Article YIII provides for the modification of the Code in accordance 

with Section 10 (b) of the ational Industrial Recovery Act. 

Article IX states that this Code shall not permit monopolies. 

Article X provides for the elimination of home work after June 1, 

1934. 

Article XI is the statement of policy on price increases. 

Article XII sets the effective date fifteen days after its approval. 

FINDINGS 

The Deputy .Administrator iv. his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings 

in this matter: 

I find that: 

(a) Said Code is well designed to promote the policies and purposes 

of Title I of the ational Industrial Recovery Act, including removal 

(320) 
321 

of obstructions to the free fl.ow 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 the trade groups, by inducing 

and maintaining united action of labor and management under adequate governmental sanctions and supervision, by eliminating unfair 

competitive practice, by promoting the fullest possible utilization of 

the present production capacity of industries, by avoiding undue 

restriction of production (except as may be temporarily required), by 

increasing the consumption of industrial and agricultural products 

through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. 

(b) Said industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation 

Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant association is 

an industrial association truly representative of the aforesaid industry; 

and that the said association imposes no inequitable restrictions on 

admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies or 

monopolistic practices. 

(e) The Code is 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 Code. 

For these reasons the Code has been approved. 

Respectfully, 

MARCH 21, 1934. 

HUGH s. JOHNSON, 

Administrat01'. 
CODE OF FAIR COMPETITION FOR THE FLAG MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Flag Manufacturing Industry, and shall be 

the standard of fair competition for this industry, and shall be binding 

on every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "industry" as used herein includes the manufacture 

of flags, banners, patriotic decorations, and bunting decorations, and 

such other products as may from time to time be included under the 

provisions of this Code. 

2. The term "employeet' as used herein includes anyone engaged 

in any phase of the Industry in any capacity, irrespective of the 

method of compensation, or his interest otherwise in said Industry. 

3. The term "employer" as used herein includes anyone by whom 

any such employee 1s compensated or employed. 

4. The term "member of the Industry" as used herein includes 

anyone engaged in the Industry as above defined either as an employer 

or on his own behalf. 

5. The terms "President", "Act", and "Administrator", as used 

herein shall mean respectively, the President of the United States, 

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

ARTICLE III-HouRs 

1. Except as hereinafter provided, no employee shall be permitted 

to work in excess of forty (40) hours in any one week, however, 

employees may be permitted to work overtime not to exceed eighty 

(80) hours in any one calendar year. In no case, however, shall an 

employee be permitted to work more than forty-eight (48) hours in 

any one week. All overtime shall be compensated for at a rate of not 

less than time and a third (1 1⁄2) the normal wage rate. 

2. (a) Electricians, engineers, Firemen, watchmen, and shipping 

crews shall be permitted to work not more than forty-four (44) 

hours in any one week. 

(b) Executives, supervisors and artists who receive thirty-five 

($35.00) dollars or more per week~ repair shop crews on emergency 

work, and outside salesmen shall be exempt from Section 1 of this 

Article. 

3. No employee shall be permitted to work for a total nun1ber of 

hours in excess of the number of hours prescribed for such week 

and day, whether employed by one or more employers. 

(322) 
323 

ARTICLE IV-WAGES 

1. No employee shall be paid at less than the rate of thirteen 

dollars ($13.00) per week of forty (40) hours except as follows: 

(a) Learners may be paid at not less than the rate of eighty percent (80%) of the minimum wage provided for herein for a period 

not to exceed eight (8) weeks, provided that in no case shall the 

total number of learnercl employed exceed eight percent (8%) of the 

total number of employees, however, any employer shall be entitled 

to employ at least one learner. 

(b) A person whose earning capacity is limited because of age, or 

physical or mental handicap, may be employed on light work at a 

wage below the minimum established by this Code if the employer 

obtains from the State Authority designated by the United States 

Department of Labor, a certificate authorizing his employment at 

such wages and for such hours as shall be stated in the certificate. 

Such authority shall be guided by the instructions of the United 

States Department of Labor in issuing certificates to such persons. 

Each employer shall file monthly with the Code Authority a list of 

all such persons employed by him, showing the wages paid to, and the 

maximum hours of work for such employee. 

2. This Article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on a time rate, piece work, or 

other basis. This provision shall not be construed to mean that employees employed on a part-time basis shall receive the same weekly 

compensation as full-time employees. No employer shall reduce the 

weekly compensation of any employee receiving more than the minimum herein provided for below that in effect as of July 1, 1933, for any 

given class of work, whether such work was paid for on a monthly, 

weekly, daily, hourly, or piece rate basis, notwithstanding that the 

hours of such employment may have been reduced by the provisions 

of this Code; the Code Authority, following an investigation, may 

recommend such adjustments of rates as may be necessary to eliminate 

inequitable differentials. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under sixteen (16) years of age shall be employed in 

the Industry, nor anyone under eighteen (18) years of age at operations, or occupations hazardous in nature or detrimental to health. 

The Code Authority shall submit to the Administrator before May 1, 

1934, a list of such occupations. In any State an employer shall be 

deemed to have complied with this provision if he shall have on file a 

certificate or permit duly issued by the authority in such State empowered to issue employment or age certificates or permits, showing 

that the employee is of the required age. 

2. Employees 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 selforganization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 

3. No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to refrain 
324 

from joining, organizing, or assisting a labor organization of his own 

choosing. 

4. Employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or 

prescribed by the Pre ident. 

5. Within each State this Code shall not supersede any laws of such 

State impo.sing more stringent requirements on employers regulating 

the age of employees, wages, hours of work, or health, fire or general 

working conditions than under this Code. 

6. Employers shall not reclassify employees or duties of occupations 

performed by employees or engage in any other subterfuge so as to 

defeat the purposes of the Act. 

7. Each member of the industry shall be furnished, by the Code 

Authority,· with official copies of the provisions of this Code relating 

to hours of labor, rates of pay, and other conditions of employment. 

Such official copies of such provisions shall contain directions for 

filing complaints of violations of such provisions, and shall be kept 

conspicuously posted at all times by such members of the industry in 

each shop, establishment, or separate unit, to the extent necessary 

to rpake them freely accessible to all members including home workers. 

Whenever any n1odifications of, or exemption or exception from this 

Code permits any person to pay lower wages, or work his employees 

longer hours, or establish traditions of employment less favorable to 

his employees than those prescribed by the provisions contained in 

such official copy of the provisions of this Code, the Code Authority, 

on the request of such person, shall furnish him with certified copies 

of such modifications, exemption or exception in sufficient number for 

posting along side of such official copies of Code Provisions. No 

member of the industry shall display or furnish any incorrect copies 

of such provisions, directions, modifications, exemptions or exceptions. 

8. No provisions in this Article shall modify established practices 

for privileges as to vacation period, leaves of absence, or temporary · 

absence from work heretofore guaranteed to office employees. 

ARTICLE VI-ORGANIZATION, POWERS, AND DUTIES OF THE CODE 

AUTHORITY 

ORGANIZATION AND CONSTITUTION 

1. There shall forthwith be constituted a Code Authority consisting 

of: 

(a) Five (5) representatives of the Industry, or such other number 

as may be approved from time to time by the Administrator, to be 

selected as hereinafter provided. 

(b) Su~h additional members, without vote, not to exceed three 

(3), as the Administrator may appoint to represent such groups or 

interests or governmental agencies as he may deem proper and for 

such periods as he may designate. 

2. The representatives of the Industry shall be selected by the 

National Association of Flag Manufacturers in a manner to be 

approved by the Administrator. 

3. Each trade or industrial association directly or indirectly 

participating in the selection or activities of the Code Authority shall 

(1) impose no inequitable restrictions on membership, and (2) submit 

to the Administrator true copies of its articles of association, by-laws, 
325 

regulations, and any amendments when made thereto, together with 

such other information as to membership, organization, and activities 

as the Administrator may deem necessary to effectuate the purposes 

of the Act. 

4. In order that the Code Authority shall at all times be truly 

representative of the Industry and in other respects comply with the 

provisions of the Act, the Administrator may prescribe such hearings 

as he may deem proper; and thereafter if he shall find that the Code 

Authority is not truly representative or does not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

5. Members of the Industry shall be entitled to participate in and 

share the benefits of the activities of the Code Authority by assenting 

to and complying with the requirements of this Code and sustaining 

their reasonable share of the expenses of its administration. Such 

reasonable share of the expenses of administration shall be determined 

by the Code Authority, subject to review by the Administrator, on 

the basis of volume of business and/or such other factors as may be 

deemed equitable. 

6. Nothing contained in this Code shall constitute the members of 

the Code Authority partners for any purpose. Nor shall any member 

of the Code Authority be liable in any manner to anyone for any act 

of any other member, officer, agent or employee of the Code Authority. 

Nor shall any member of the Code Authority, exercising reasonable 

diligence in the conduct of his duties hereunder, be liable to anyone 

for any action or omission to act under this Code, except for his own 

wilful misfeasance or nonfeasance. 

7. If the Administrator shall determine that any action of a Code 

Authority or any agency thereof may be unfair or junjust or contrary to the public interest, the Administrator may require that such 

action be suspended to afford an opportunity for investigation of the 

merits of such action and further consideration by such Code Authority or agency pending final action which shall not be effective unless 

the Administrator approves or unless he shall fail to disapprove after 

thirty days' notice to him of intention to proceed with such action in 

its original or modified form. 

8. The Code Authority shall have the follmving further powers and 

duties: 

(a) To insure the execution of the provisions of this Code and to 

provide, subject to rules and regulations established by the Administrator, for the compliance of the Industry with the provisions of the 

Act; provided, however, that this shall not be construed to deprive 

duly authorized governmental agencies of their power to enforce the 

provisions of this Code or of the Act. 

(b) To adopt by-laws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

(c) To obtain from members of the Industry such information 

and reports as are required for the adminis~ration of the Code, and 

in addition to information required to be submitted to any Code 

Authority all or any of the persons subject to this Code shall furnish 

such statistical information as the Administrator may deem necessary 

for the purposes recited in Section 3 (a) of the Act, to such Federal 

and State agencies as the Administrator may designate; nor shall 

anything in any code relieve any person of existing obligations to 
326 

furnish reports to government agencies. No individual reports shall 

be disclosed to any other member of the Industry or any other party 

except to such governmental agencies as may be directed by the 

President. 

(d) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for herein, 

provided that nothing herein shall relieve the Code Authority of 

its duties or responsibilities under this Code and that such trade associations and agencies shall at all times be subject to and comply with 

the provisions hereof. 

(e) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, if 

any, as may be related to the Industry. 

(f) To provide ways and means for financing the operation of said 

Code Authority and to determine an equitable method of apportioning 

in the Industry the cost of administering this Code. Money raised 

in any manner shall not exceed in amount such reasonable cost. 

(g) To cooperate with the Administrator in regulating the use of 

any N.R.A. insignia solely by those members of the Industry who have 

assented to, and are complying with, this Code. 

(h) To recommend to the Administrator any action or measures 

deemed advisable, including further fair trade practice provisions to 

govern members of the Industry in their relations with each other or 

with other industries, measures for industrial planning, and stabilization of employment; and including modifications of this Code which 

shall become effective as part hereof upon approval by the Administrator after such notice and hearing as he may specify. 

(i) To cause to be formulated a standard method of finding and/or 

estimating cost capable of use by all members of the Industry. After 

such method has been formulated, full details concerning it shall be 

made available · to all members. Thereafter all members shall determine and/or estimate costs in accordance with the principles of such 

method. 

ARTICLE VII-TRADE PRACTICES 

1. No member of the Industry shall brand or mark any commodity in any manner which tends to mislead or deceive the purchasers with respect to the grade, quality, origin, size, material, content or preparation or such commodity in conformity with the standards as established by the Code Authority when approved by the 

Administrator. 

2. No member of the Industry shall make, cause, or knowingly 

permit to be made or published any false, materially inaccurate, or 

deceptive statements by way of advertisement or otherwise, whether 

concerning the grade, quality, quantity, substance, character, nature, 

origin, size, finish, or preparation of any product of the Industry, or 

the credit terms, values, policies, or services of any member of the 

Industry, or otherwise, having the tendency or capacity to mislead, 

or deceive customers or prospective customers. 

3. No member of the Industry shall give, permit to be given, or 

directly offer to give, anything of value for the purpose of influencing 

or rewarding the action of any employee, agent, or representative of 

another in relation to the business of the employer of such employee, 

the principal of such agent or the represented party, without the 
327 

knowledge of such employer, principal or party. Commercial bribery 

provisions are not to be construed to prohibit free and general distribution of articles commonly used for advertising, except so far as 

such articles are actually used for commercial bribery as hereinabove 

defined. 

4. No member of the Industry shall attempt to induce the breach 

of an existing contract between a competitor and his customer, or 

source of supplies; nor shall any such member interfere with or object 

to the performance of such contractual duties or services. 

5. No member of the Industry shall secretly make or offer to make 

any payments 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 offer or extend to any customer any special service or privilege 

not extended to all customers of the same class. 

6. No member of the Industry shall offer or give prizes, premiums, 

or gifts in connection with the sale of products, or as an inducement 

thereto, by any scheme which involves lottery, misrepresentation, or 

fraud. 

7. No member of the Industry shall use advertising or other representation which refers inaccurately in any material particular to any 

competjtors or their commodities, prices, values, credit terms, policies, 

or services. 

8. No member of the Industry shall publish or circularize unjustified or unwarranted threats of legal proceedings which have or tend to 

have the effect of harassing competitors or intimidating any of their 

customers. 

9. No member of the Industry shall use any unfair means to secure 

information regarding the manner in which a competitor conducts his 

business. 10. (a) No member of the Industry shall sell any article subject to 

the provisions of this Code below his individual cost; however, any 

member of the Industry may meet the price of any competing member 

of the Industry whose cost under this provision is lower. Cost for the 

purpose of this provision shall be determined in accordance with 

Section 8 (i) of Article VI of this Code. (b) Any member of the 

Industry may sell dropped lines or distress merchandise below such 

cost provided the facts of such contemplated sale are reported to the 

Code Authority at least twenty-four (24) hours prior to such sale. 

(c) When the Code Authority determines that an emergency exists 

in this Industry and that the cause thereof is destructive price-cutting 

such as to render ineffective or seriously endanger the maintenance 

of the provisions of this Code, it inay cause to be determined the 

lowest reasonable cost of the products of this Industry, such determination to be subject to such notice and hearing as the Administrator 

may require. The Administrator may approve, disapprove, or modify the determination. Thereafter, durrng the period of the emergency, it shall be an unfair trade practice for any member of the 

Industry to sell or offer to sell any products of the Industry for which 

the lowest reasonable cost has been determined at such prices or upon 

such terms or conditions of sale that the buyer will pay less therefor 

than the lowest reasonable cost of such products. When it appears 

that conditions have changed, the Code Authority, upon its own 
~28 

initiative or upon the request of any interested party, shall cause the 

determination to be reviewed. 

11. No member of the Industry shall ship goods on consignment 

except under circumstances to be authorized by the Code Authority, 

subject to the approval of the Administrator. 

ARTICLE VIII-MODIFICATION 

1. This Code and all the provisions thereof are expressly made 

subject to the right of the President in accordance with the provisions 

of sub-section (b) of Section 10 of the National Industrial Recovery 

Act, from time to time to cancel or modify any order, approval, 

license, rule or regulation issued under Title I of said Act and specifically, but without limitation to the right of the President to cancel or 

modify his approval of this Code or any conditions imposed by him 

upon his approval thereof. 

2. This Code, except as to :provisions required by the Act, may be 

modified on the basis of experience or changes in circumstances, such 

modification to be based upon application to the Administrator and 

such notice of hearing as he shall specify, and to become effective 

upon approval by the President. 

ARTICLE IX-MONOPOLIES 

No provisions of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE X 1-HOME WORK 

1. No home work shall be permitted by employers after June 1, 

1934. After April 1, 1934, no employer shall employ more than sixty 

percent (60%) of the number of home workers employed by him as 

of September 1, 1933. 

2. Until June 1, 1934, no work shall be permitted in any home by 

employers unless and until evidence has been presented to the Code 

Authority, as agent for the Administrator, that all State, municipal, 

and other laws and regulations relating to home work have been 

complied with and unless the names and addresses of such home 

workers and their employers shall have been filed with the Code 

Authority. 

3. The Code Authority shall file with the Administrator a list of 

the names and addresses of all home workers employed in the Industry 

and shall indicate by whom all such home workers are employed. 

4. No home worker shall be engaged at the same time by more than 

one employer. 

5. All home workers shall be paid on the same piece-rate basis as 

factory employees engaged in similar work. 

1 See paragraph 3 of order approving this Code. 
329 

ARTICLE XI-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and services 

increase as rapidly as wages, it is recognized that price increases will 

be delayed. But when made such increases should, so far as possible, 

be limited to actual increases in the seller's costs. 

ARTICLE XII-EFFECTIVE DATE 

This Code shall become effective on and after the :fifteenth (15th) 

day after its approval. 

Approved Code No. 352. 

Registry No. 234-1-01. 

0 


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