Approved Code No. 373 Registry No. 217-1-05

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR TIHE

INFANTS' AND CHILDREN'S

WEAR INDUSTRY

AS APPROVED ON MARCH 27, 1934

BY

PRESIDENT ROOSEVELT

MEMBER

R

U.S.

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 373

CODE OF FAIR COMPETITION

FOR THE

INFANTS' AND CHILDREN'S WEAR INDUSTRY

As Approved on March 27, 1934

BY

PRESIDENT ROOSEVELT

EXECUTIVE ORDER

CODE OF FAIR COMPETITION FOR THE INFANTS' AND CHILDREN'S WEAR

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 my approval of a Code

of Fair Competition for the Infants' and Children's Wear Industry,

and hearings having been held thereon and the Administrator having

rendered his report containing an analysis of this Code of Fair Comipetition, together with his recommendations and findings with respect thereto, and the Administrator having found that this Code

of Fair Competition complies in all respects with the pertinent

provisions of Title I of said Act and that said requirements of

clauses (1) and (2) of Section 3 of the said Act have been met.

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the

United States, pursuant to the authority vested in me by Title I of

the National Industrial Recovery Act approved June 16, 1933 and

otherwise do adopt and approve the report, recommendations and

findings of the Administrator and do order that this Code of Fair

Competition be and it is hereby approved, subject to the following

conditions:

1. That any manufacturer of infants' and children's wear as

defined in this Code and also included in any other Code of Fair

Competition heretofore approved, except such manufacturers of infants' and children's wear as are excluded from the jurisdiction of

this Code under Article II, Section 2 thereof, shall have the privilege

of electing to operate inder this Code upon the condition that such

manufacturer shall substitute for the wage and hour provisions of

this Code the wage and hour provisions of such other Code of Fair

Competition and shall conform with such wage and hour provisions,

and provided further that such manufacturer shall agree to such

49205* 425-167-34 (607)
608

other conditions as the Administrator may prescribe. For the purpose of making effective such election, any manufacturer entitled

thereto as herein provided, is hereby granted an exemption and exception from such other Code of Fair Competition. and any manufacturer of Infants' and Children's Wear who shall make such election shall be subject to this Code and shall be considered a member

of the Industry as defined in this Code and shall have the privilege

of participating in the selection of the Code Authority as provided

in this Code and in sharing in the benefits of the activities of this

Code Authority, and shall contribute his reasonable and proportionate share of the expenses of this Code Authority.

All manufacturers of infants' and children's bathrobes who were

members of the Robe Industry Association of America, Inc., up to

and including March 13, 1934, shall be governed by the Code of

Fair Competition for the Robe and Allied Products Industry.

All manufacturers of infants' and children's bathrobes who were

members of the United Infants' and Children's Wear Association up

to and inclidingz March 13, 1934, shall be governed by the Code of

Fair Competition for the Infants' and Children's Wear Industry as

to the manulfact ire of infants* and children's bathrobes.

All manuifact urers of infants' and children's bath robes who were

not members of either of the Asociations above named as of March

13, 1934, shall, within forty-five (45) days from the effective date of

the Code of Fair Competition for the Infants' and Children's Vear

Industry, have the right to elect to be governed by the Code of Fair

Competition for the Infant,' and Children's Wear Industry, or the

Code of Fair Competition for the Robe and Allied Products Industry, insofar as their production of infants' and children's bathrobes is

concernled. Stich election shall be submitted in writing to both the

Robe and Allied Products Code Authority, Inc., and the Code Authority for the Infants' and Children's Wear Industry. Any manufacturer not, niaking such election within the forty-five (45) day

period as hereinabove specified, shall be deemed to have elected to

be governed by the Code of Fair Competition for the Robe and

Allied Prouducts Indtistry, and shall have no further right to elect.

All manufacturer-s of infants' and children's bathrobes who were

not members of either association above named as of March 13, 1934,

who commence the manufacture of such products after the effective

date of the Code of Fair Competition for the Infants' and Children's

Wear Industry, may within fifteen (15) days after commencing

such manufacture of infants' and children's bathrobes. elect to be

governed by the Code of Fair Competition for the Infants' and

Children's Wear Iiidustry, or the Code of Fair Competition for the

Robe and Allied Products Industry. Any manufacturer not making

such election within the fifteen (15) day period as hereinabove specified shall be deemed to have elected to be governed by the Code of

Fair Competition for the Robe and Allied Products Industry, and

shall have no further right to elect.

Each of the above mentioned associations shall forthwith submit

to the Administrator certified copies of the list of their members

manufacturing infants' and children's bathrobes prior to March

13, 1934.
609

Anything to the contrary herein notwith.tanding, aly manufacturer of blazers, sport coats, jersey cloth suits, Eton and Rugby

suits, boys' overcoat;. sizes one to six. boys' sn w suits and boys'

three piece legging sets who al-zo imanufactiire other items of infants'

aind chiidreii's wear as dehied in this Code. ind who shall have

eleCted in aecor(ance with the plovislons herein11bove 'et forth, to

overatet under thiS Code shali not be boind by any other -wage proVisIOIS of the Coile of Fair petitionn for the Men's Clothing

Indutry except the muniinin ware of forty ( c.)ents per hour.

2. That all manufacturers of infants' and childreri's wear as defined in thiui Cowe who also mantifacture wearing apparel included

in tile C(ode of lair Competition for the Cotton Garment Industry, hut whose prodiluction of infants' and (hildren's wear, excepting

infants' and children's hathr ibes, as defined in this Code is 80% or

more of their total produtodtion, .-hall be governed by the provisions

of this Code un1 der the Code Authority constituted thereby; that all

manufacturers of wearing apparel inclIided in the Code of Fair

Competition for the Cotton Garment Industry, who also ianufacture infants' and children's wear as defined in this Code to the

extent of 20; or less of their total production of wearing apparel

shall be governed by the provisions of the Code of Fair Competition for the Cotton Garment Industry, under the Code Authority

constituted thereby ; that all manufacturers of infants' and children's wear defined in this Code to the extent of less than 807 but

more than 20% of their total production. who also manufacture

wearing apparel governed by the Code of Fair Competition for the

Cotton Garment Industry, shall elect to operate under this Code, or

under the Code of Fair Competition for the Cotton Garment Industry.

3. That all niantufacturers of infants' and children's wear as defined in Article II, Section 2 of this Code whether operating under

the provisions of this Code or under the provisions of any other

Code of Fair Competition heretofore approved and all nianufacturers of girls' coats, sized to and including age fourteen, and connionly made available to the public through infants' and children's

departments of Department Stores and Specialty Shops as children's

coats, shall be subject to the provisions of Article IX of this Code

and for such purpose shall be deemed "members of the Industry."

All manufacturers of infants' and children's bathrobes, however,

shall conform to the trade practice provisions of the Code of Fair

Competition for the Robe and Allied Products Industry as heretofore approved on January 16, 1934, and all amendments to said trade

practice provisions as may hereafter be approved; due notice of

hearings. thereon. however, shall be sent to the Code Authority for

the Infants' and Children's Wear Industry.

FRANKLIN D. ROosEvELT.

Approval recommended:

HUGH' S. JoHNSoN,

Administrator.

TiE WHITE HOUSE,

arch 2, 104.
LETTER OF TRANSMITTAL

The PRESIDENT,

The Whdie HJouc.

SIR: This is a report of the Hearing on the Code of Fair Competition for the Infants' and Children's Wear Industry conducted in

Washington on December 5, 1933.

The Code which is attached was presented by duly qualified and

authorized representatives of the Industry, complying with statutory requirements, and claiming to represent in excess of eighty percent of the industry by volume of business, and in excess of seventyfive percent by membership. These figures represent the number of

members and the volume of production if all of those persons, who

have the right to elect to operate under this Code so elect, and become

subject to the provisions of this Code. Excluding such persons, however, who become members of the industry only Iby electing to do so,

and taking into consideration the mnber of members who are now

definitely under the provisions of the Code, and the volume of production of this Industry, the above figures, based upon the number of

members and volume of production would be far greater than

reported above.

THE INDUSTRY

The Infants' and Cliildren's Wear Industry consists of the manufacture of a great variety of garmients for infants and children,

including infaiuts' coats, infants' and children's dresses, infants' and

ci-vidren's wash suits, creepers, rompers, play suits, snow suits,

infants' and children's minderwear and nightwear, infants' and children's bath robes and flanielette garments, infants' and children's

legiwngs, headwear, )onnets, play togs, christening outfits and sundry

other garmients worn by infants and children.

The Industry is primarily located in the States of New York,

Plensylvania. Connecticut, New Jersey and Massachusetts, but

there are substa ntial man [ifacturing centres in some thirty other

states of the Union as far south as Texas, as far west as California,

ind as far north as Michigan and Maiie. The In(lustry has shown

a sulstantial decrease in both volume of sales and employees from

1928 to date. In 1928 and 1929 approximately $181,000,00 of these

products were sold. in 1930 there was a decrease to approximately

$154,'00,000. In 1931 a decrease to approximately $121,000,000 and

in 19,2 a decrease to approximately $1()'3.000,000.

It 1929 there were approximately 74,000 factory workers and

abot 30,000 home workers employed in the Industry. In 1930

tlere were approx Ili ately .v 66,000 factory workers and 28.000 home

workeri-.. In 1932 there were approximately 61,000 factory workers

Mnd 28,004) liome workers.

(G10)
611

The various divisions of the Industry, prior to the Natioiial

Industrial Recovery Act, operated on an average work week throughout the year of forty-eight (48) hours per week. The work week

for the manufacture of garments, except children's coats, has been

reduced to forty hours per week, or a decrease of 16(%. The number

of factory employees employed in the manufacture of coats was

approximately 8,000 in 1932. The decrease of hours to forty is therefore estimated to increase the number of factory employees, exclusive of those making coats, by approximately 10,500. The hours

in the Coat Division of this Industry have been reduced from an

average of fifty hours per week throughout the year to 35 hours

per week, or a decrease of approximately 30 . This will therefore

increase the employment in the Coat Division of the Indutry by an

estimated amount of some 3.000 factory workers. It is therefore

calculated that the hour provisions contained in this Code will

increase the number of factory workers to approximately 83,500, which greatly increases the number of employees in the Indiustry in

1929. It has been estimated that the payroll in this Industry for

1932 was approximately $21,000,000. The iininun rates of pay

in this Industry were, as in the case of most of the needle industries,

extremely low, it being estimated that the minimum wages in the

Industry prevalent in 1932 were $5 to $6 per week. The wages

provisions of this Code provide for a minimumn hourly wage of 32%

cents per hour throughout the United States, with the exception of

the so-called Southern section, where a 30 cent per hour miniumn

wage is provided for. This represents an increase of over 100 in

the average minimum wage prevailing in the Industry heretofore.

It has been estimated that the wage provisions in this Code will

increase the payroll of the Industry in the sum of approximately

$17,000,000. per year, including the wages to be paid to the new

employees taken on as a result of the maximum hours of work provision in the Code.

GENERAL COMMENTS

One of the unique features of this Industry is the fact that the

manufacturers as a rule do not specialize in the production of any

one type of garment. A tabulation of the commodities manufactured

by the members of the Industry reveals the following information:

Manufacturers primarily engaged in the manufacture of Infants'

and Children's coats not only manufacture coats but also manufacture

infants' and children's headwear, infants' and children's wash suits, infants' and children's silk wear, infants' and children's leggings, infants' and children's zipper suits, rompers, snow suits, muffs, carriage covers and dresses in substantial quantities, many of these coat

manufacturers manufacturing a coat, a dress, a hat and a carriage

cover to match. Approximately 70% of the manufacturers of infants' and children's coats manufacture commodities other than

coats.

Manufacturers primarily engaged in the production of infants'

and children's bathrobes not only manufacture infants' and children's bathrobes but also manufacture blankets, shawls, infants' and

children's flannelettes, infants' and children's dresses, as well as a
612

large number of articles made in the home, such as infants' jackets, booties, hoods, moccasins in substantial quantities.

Manufacturers primarily engaged in the manufacture of silk infants' wear also manufacture infants' and children's dresses, slips, coats, christening suits, consisting' of a dress and slip and a coat and

bonnet, to match, carriage covers, creepers and miscellaneous infants'

and childreC's novelty and accessory items in substantial quantities.

Approxiiately 50 / of the manufacturers of infants' and children's silk wear manufacture more than one type of commodity.

Manufacturers primarily engaged in the manufacture of infants'

and children's dresses not only manufacture dresses but also manufacture infants' and children's wash suits, pajamas, rompers, silk

infants' wear, play suits, bathrobes, flannelettes, blouses, coats, snow

suits, creepers and headwear in substantial quantities.

Approximately 38% of the manufacturers of infants' and children's dresses manufacture articles other than dresses.

Manufacturers primarily engaged in the production of infants'

and children's wash suits not only manufacture infants' and children's wash suits but also manufacture infants' and children's creepers, rompers, dresses, snow suits, knit jersey suits, legging sets,

blouses, zipper suits, brother and sister suits, pajamas and play togs, in substantial quantities. Approximately 6,5% of the manufacturers

of infants' and children's wash suits manufacture commodities other

than wash suits.

Manufacturers primarily engaged in the manufacture of infants'

and children's underwear also manufacture infants' and children's

night wear, bathrobes, dresses, headwear, sun suits, flannelettes and

beach pajamas, in substantial quantities. Approximately 90% of the

manufacturers of infants' and children's underwear manufacture

commoldities other than infants' and children's underwear.

Manufacturers primarily engaged in the manufacture of bathrobes and flannelettes also manufacture infants' and children's sportswear, dresses, pajamas, play suits, baby boy suits and other infants'

and children's accessories, in substantial quantities. Approximately

40% of the manufacturers of infants' and children's bathrobes and

flannelettes manufacture commodities other than infants' and children's bathrobes and flannelettes.

Manufacturers primarily engaged in the manufacture of infants'

and children's leggings and play suits not only manufacture infants'

and children's leggings and play suits but also manufacture infants'

and children's snow suits, dresses, wash suits, coats, headwear, sportswear and underwear in substantial quantities. Approximately 65%

of the manufacturers of infants' and children's leggings and play

suits manufacture commodities other than infants' and children's

leggings and play suits.

Manufacturers primarily engaged in the manufacture of infants'

and children's bonnets and leadwear also manufacture coats, dresses,

silk underwear, and other infants' and children's accessories, in

substantial quantities. Approximately 40% of the infants' and

children's bonnets and headwear manufacturers manufacture commodities other than infants' and children's bonnets and headwear.

It seems proper therefore from this fact alone that these manufacturers be granted a Code of Fair Competition. The production of
613

these various items of infants' and children>- wearing apparel are

s0 ilter'-relted a1(d are so freqiently manifzi(tmred in the sanie

factories by the same emiployees, that the pooblemus of all these

manufacturers are necessarily initer-r elated and cIa best be treatedl

in one Code of Fair Competition. Not to permit them to operate

under a single Code of Fair Competition would be to place them

under serio1is hardship.

There is furthermore a definite line of demnircation between infants' and cliildrens wearing apparel and the manufacturer and1.

distribution of garments not included in this Code. The colors,

textures, style elements, and in certain instances method of manufacture of infants' and children's wearing apparel are unique to

the Industry. From the standl)oint of distributionl. the problemllns of

all of the manufacturers included within the jurisdiction of this

Code are identical. The retailers, specialty sioIs and dep)artment

stores have in the course of business over the past twenty (20) years

recognized a substantial difference between the manufacture and

distribution of products included in this Code and other items of

wearing apparel. Department stores have separate infants' anl

children's wearing apparel departments and the one buyer for that

department usually buys every item of infants' and children's wearing

apparel sold in the department. The buyers do not restrict themselves to any one particular commodity of infants' and children's

wearing apparel for, as has been indicated. the same manufacturer

often manufactures so many different types of garments that specialization on the part of the buyers as well as on the part of the

manufacturer is virtually impossible.

Another characteristic of the industry is the low selling price of

the commodities manufactured. This is a result of the genesis of

the industry. Some thirty years ago there were virtually few maimfacturers of infants' an(d children's wear throughout the country.

Most of the infants' and children's gariimnts were made at the home

of the particular mother for her own infant or child. The manufacturers in order to foster the industry went through a rigorous

system of education of the parent and potential buyer of these comnmodities to show the advantages and conveniences of purchasing

these commodities rather than making them at home. In order to

induce the potential purchasers to purchase ratlier than to make their

own garment, the selling price of commodities was necessarily made

extremelv 1(w. Not only was this necessary in order to in(luce the

purchaser to purchase the commodity but also because of the fact that

infants' and children's wearing apparel represents a type of apparel

that is easily made at home. If the selling price of these comimodities is raised too high in view of the limited amount of material and labor necessary to make an infant's or child's garment,

there is serious danger of the mother purchasing the material, making the garment herself, and thus seriously prejudicing the prosperity

of the industry. For this reason great attention is necessary to

maintain on the one hand a reasonable minimum wage from the

standpoint of the worker and at the same time not raise the selling

price of these commodities so high that the welfare of the industry

be prejudiced.

49205 '--425-167-34-2
614

The Infants' and Children's Wear Industry, as such, is recognized

as a distinct branch of the Wearing Apparel Industry. The original

intention of the Code proponents was to include any and every item

of infants' and children's wearing apparel sized from infancy to, and including, age fourteen (14) commonly made available to the

public through Infants' and Children's Departments of Department

Stores and Specialty Shops as infants' and children's wear. However, in view of the fact that a number of codes have been previously

approved with branches of the infants' and children's wear industry

included in such approved codes, it was necessary to set up in this

Code two divisions (1) those branches of the infants' and children's

wear industry which were not included in approved codes, and (2)

those branches of the infants' and children's wear industry included

in heretofore approved codes to whom the right of election is given

to operate under the Code for the Infants' and Children's Wear

Industry, or under the Code heretofore approved.

Those branches of the industry which are not in other codes, and

which come within the purview of the infants' and children's Code

are specifically enumerated in Sections 2, 3, and 4, of Article Ii. As

to those branches which have the right of election to operate under

the provisions of this Code, there is an enumeration of such individuals in Section 7 of Article II. By agreement with Code Authorities

and between Deputy Administrators, this right of election was

arrived at.

In most cases where there is overlapping between this Code and

other Codes already approved, such manufacturers as may be included under this Code, or any such other Code, are given the right

to elect under which Code they shall operate. In the event that no

specific election is made any such manufacturer comes automatically

within the jurisdiction of such other Code of Fair Competition. If

he makes an election he may do so, providing he agrees to substitute

for the wages and hour provisions of this Code, wages and hour provisions at least equivalent to the wages and hour provisions of such

other Code of Fair Competition, and provided also that he agrees

to such other conditions as the Administrator may prescribe. In

this way it comes inmnaterial, from a competitor's standpoint,

under which Code any particular manufacturer desires to operate.

In any case lie must pay the szne wages and abide by the same hour

conditions. This procedure of election is not provided in one

instance, namely: for the nanufucture of goods produced in conjunction with goods included under the Cotton Garment Code. In

the latter case the Executive Order provides, according to an agreement arrived at between the Cotton Garment Code Authority and

the proponents of this Code, that any manufacturer who nianufactures in excess of 80% of his total production articles covered by the

provisions of this Code, shall automatically come for all production

under the jurisdiction of this Code; that manufacturers producing

in excess of 80% of goods included in the Cotton Garment Code shall

automnatically come within the juriisdiction of the Cotton Garment

Code, and that manufacturers producing less than 80% of goods

included in the Cotton Garment Code and less than 80% of goods

included in this Code shall have the right to elect under which Code

they shall operate.
615

Considerable care has been exercised to the end that the provisions of this Code are practically identical with the provisions of the.

Cotton Garment Code. Consequently, there is no difference, colnpetitively speaking, bet weeni the t w Codes and no manufacturers

ailns aly dor suffers ally disadvantage from the Ompet- itive standpoint no matter which ( h(le he 1a V 1vut (ll)omatically operate

under or iliay elect to op rate uniider.

The problems and difficulties presented by this C de are unique.

They were of such a character that a Cole built ill) il the ordinary

manerii Was impossible. After months of iegotiationi and w(ork, this

Code is reduced to its simplest possible terms. Nevertheless, it is

probably the most complicated Code which \\ill ever be approved

under this Adninistration. It remains, however, the best solution

possible to an extremely difficult problem.

FINDINGS 

The Deputy Administrator in 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) The Code will promote the policies and purposes of Title I of

the Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminnish the amount

thereof and will provide for the general welfare by prolloting the

organization of industry for the purpose of cooperative action among

the trade groups, by inducing and maintaining united action of labor

and managrement nmder adequate governmental sanctions and supervisions. by eliminating unfair competitive practices, by promoting

the fullest possible utilization of the present productive capacity of

industries, bv avoiding 111due restriction of production (except as

may be temporarily required), by increasing the consumption of industrial and ag riuultural products through increasing purchasing

power, by reducing and relieving employment, by improving

standards of labor and otherwise rehabilitating industry.

(b) Said Trade normally employs more than 0.00()0 emploYees

and is classified by me as a major industry.

(c) The Code complies in all respects with the pertinent provisions of Title I of tile Act. including( without limitation Subsection

(a) of S-ction 3, Subsection (a) of Section 7, and Subsection (b) of

Section 10 thereof ; and that the 26 applicant groups are trade groups

truly representative of the aforesaid Trade; and that said groups impose no inequitable restrictions oni 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 an-1d 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, I recommend that the Code be approved.

Respectfully,

HAH S. JOHNsON,

Admin /stratOr.

MAnc I 26, 1934.
CODE OF FAIR COMPETITION FOR THE INFANTS' AND

CHILDREN'S WEAR 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 Infants' and Children's Wear Industry

and shall be the standard of fair competition for said Industry and

shall be bliiling upon every member thereof.

ARTICLE II-DEFINITIoNs'

1. The term Industry " as used herein shall include the manufacture of infants' and children's wear as hereinafter defined.

2. The term " infants' and children's " 'ear as used herein shall

include any and all garments manufactured and sold as infants' and

children's wear sized from infancy to and including age fourteen,

and commonly made available to the public through infants' and

children's departments of department stores and specialty shops as

infants' and children's wear, including, but without limitation (a)

silk infants' wear, (b) infants' and children's beach togs, creepers

and rompers, (c) infants' and children's dresses sold as infants' and

children's wear and sized from infancy to and including age fourteen, but does not include Misses and Junior dresses of standard

sizes, (d) baby boys' suits, (e) infants' and children's fLannelettes, (f)

infants' bonnets manufactured of rayon, silk, crepe de chine, organdy,

lawn, pique, and similar fabrics, made by sewing niachine or by

hand, for infants up to and including the age of four, and (g) girls'

eiderdown coats manufactured, styled and sold in sizes ranging

from six months to and including age three, and manufactured to

sell at wholesale for no more than eighteen ($18.00) dollars per

dozen.

The term " infants' and children's wear - as used herein shall not

include however, (a) bathing suits, (b) children's coats, (c) sheeplined and leather coats, (d) boys' separate pants and knickers, (e)

boys', children's and infants' clothing made of purchased fabrics

woven or knitted of all or part woolen content included in the Code

of Fair Competition for the Men's Clothing Industry, other than

blIzers, sport coats, jersey cloth suits, wash suits, eton and r'ug&0bv

suits, boys' overcoats sizes one (1) to six (6), boys' snow suits, ai Id

boys' three (3) piece legging sets, (f) knitted cotton underwear , (g)

woven Cotton underwear of the so-called athletic type, (h) garments

made in underwear mills other than those made from purchased

falbrics, (i) blouses and shirts not cuistomarily worn as part of a suit

or ensemble, (j) hosiery, nor (k) shoes.

See paragraphs 2 (1) and 2 (2) of order approving this Code.

((I(1 ))
617

3. The term "infants' coats" as used herein shall include (a)

any and all infants' silk coats; (b) any and all girls' eiderdown

coats custoniarily manufactured, styled and sold in sizes ranging

from size six months to and including size three, if said eiderdown

coats are iiamnufactiired to sell at wholesale for no more than eiglhteen

($18.00) per dozen; (c) boys, coats and reefers sizes to and including

age six.

4. The term " infants' Lonnets " as tisedl herein shall include any

and all articles of headwear manufactured of rayon, silk, crepe de

chine. organdy, lawn, pique, and similar fabrics, made by sewing

machine or by hand for infants up to and including the age of four.

5. The tern " employee " as used herein shall iniude any a nd all

persons engaged in the Industry, however compensated, except any

person insofar as he is acting as an employer.

6. The term - employer " as used herein shall inchlle anyone by

whoi such an employee is compensated or employed.

7. The tern " member of the industry " as used herein, shall include anyone engaged in the industry, whether as manufacturer;

manufacturer employing contractors or sub-manufacturers; submanufacturer or contractor; either as an employer or on his or its

own behalf; includin-- all manufacturers of (a) silk infants' wear,

(b) infants' and children's beach togs, creepers and rompers, (c)

infants' and children's dresses styled as infants' and children's wear

and sized from infancy, to and' including age fourteen, (d) baby

boys' suits, (e) infants' and children's flannelettes, (f) infants' bonnets manufactured of rayon, silk, crepe de chine, organdy. lawn,

pique, and similar fabrics made by sewing machine or by hand for infants up to and including the age of four, (g) infants' silk coats,

(h) girls' eiderdown coats manufactured, styled and sold in sizes

ranging from six months to and including age three, and maufactured to sell at wholesale for no more than $18.00 per dozen, (i)

jersey cloth suits, and (k) such other items of infants' and children's

wear as are not specifically included in any other Code of Fair Competition heretofore approved or hereafter to be approved.

The term " member of the industry " as used herein shall also

include all manufacturers of (a) infants' and children's bathrobes

exceptini- boys' robes sizes seven (7) and over; (b) children's headwear: (c ) infants' and children's underwear; (d) blazers, sport coats,

eton a n rugbv suits, boys' overcoats, sizes one to six, boys' snow suits

and boys' tliree piece iging sets; where such items are manufactired in conjunction with other items of infants' and children's wear

as hereinabove defined, who shall elect to operate under and be subject to this C(ode in accordance with any Executive or Administrative

Order creating such right.

The tcrmi - member of the industry " as lise(l herein, shall also

include any other manufacturer of infants' and children's wear as

hereinabove defined, who shall elect to operate under and be subject

to this Code in accordance with any Executive or Adiumnistrativi

Order creating such right.

8. 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 Admiistrator for Industrial Recovery.
618

AnTIcLE III-Hours

1. Members of the Industry manufacturing: (a) Silk infants'

wear. (b) Infants' and children's beach togs, creepers and rompers, (c) Infants' and children's dresses styled as infants' and children's

wear and sized from infants to an( including age fourteen, (d)

Baby boy stiiits, (e) Infants' and children's flannelettes, (f) Infants'

bonnets mann factur'ed of rayon, silk, crepe de chine, organdy, lawn,

piqlue and similar fabrics made by sewing machine or bv hand for

infants up to and including the age of four, (g) infants silk coats,

(h) jersey cloth suits, (i) Girls' eiderdown coats manufactured,

styled and sold in sizes ranging from six months to and including

age three, and manufactured to sell at, wholesale for no inore than

$18.00 per' dozen, and (j) such other items of infants' and children's

wear as are not inchi(led specifically in any other Code of Fair Conipetition heretofore approved or hereafter to be approved shall be

governed by the following provisions:

(a) Except as hereinafter provided. no employee shall be permitted to work in excess of forty (40) hours in any one (1) week,

nor in excess of eight (8) hours in any twenty-four (24) hour period,

nor in excess of five (5) days in any seven (7) day period.

(b) No employee engaged in clerical or office work oi in shipping

depar-tmnents or stock rooms, unless he is employed in a managerial, sHper'visory or executive capacity and earns not less than thirty-five

dollars ($35.00) per' week shall be permitted to work in excess of

for-ty (40) hours per week averaged over any three months' period.

(c) Member's of repair. shop ciews, machinists, electricians, porteirs. and drivers, shall not be per-mitted to work in excess of forty

(40) hours in any one (1) week, except that persons employed in

such capacities may be employed in excess of foi'ty (40) hours per

week in case of emergency arising through accident or- similar' cause,

provided that any and all such overtime woik shall be paid foir at

not less than one and one-third ( 1 1%, ) times the normal homrly rate

for such employee.

2. No employee engaged in the manufacture of blazers, sportcoats. Eton and Rumby Suits, boys' overcoats. sizes 1 to 5, boys' showsuits oi boys' three piece legging sets shall be peimitted to work in

exCess of thirty-six (36) hours in any one week nor in excess of

eight (8) hours in any one day.

3. No member' of the Industirv shall engage any employee for' any

time which when totaled with that already per-foImed with another

member 01' members of the Industry, exceeds the maximum perlitted berein.

ARTICLE I -WAGEs

1. Members of the Industry manu facturing: (a) Silk infants'

weai (Jb) Infants' and children's beach togs. cieepers and iompers,

(c) Infants' and childlen's dresses styled as infants' and children's

wear and sized from infants to and including age fourteen, (d)

Baby boy's suits, (e) Infants' and children's flannelettes, (f) Infants'

bonnets manufactured of rayon, silk, crepe de chene, organdy, lawn,

pique and similar fabrics made by sewing machine or1 by hand for

infants up to and including the age of four, (g) Infants silk coats,
619

(h) jersey cloth suits, (i) Girls' eiderdown coats manufactured,

styled and sold in sizes ranging from six months to and including

age three, and manufactured to sell at wholesale for not more than

$18.00 per dozen, and (j) such other items of infants' and children's

wear as are not included specifically in any other Code of Fair

Competition heretofore approved or hereafter to be approved shall

be governed by the following provisions:

(a) Except as hereinafter provided no employee shall be paid at

less than the rate of thirty-two and one-half cents (3217d ) per hour

when employed in all parts of the United States other than the

Southern Section nor at less than the rate of thirty (30(-) per hour

when employed in the Southern Section. For the purposes of this

Article the term - Southern Section " shall include the States of

Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, New

Mexico, North Carolina, Oklahoma, South Carolina, Tennessee,

Texas, and Virginia.

(b) No employee engaged as an apprentice shall be paid at less

than seventy-five percent (75%) of the minimum wages herein provided during the first eight (8) weeks of employment. and thereafter

not less than the minimum herein provided. If the operation at

which any apprentice is engaged has a piece-work rate and the

amount earned at such piecework rate is more than the minimum

apprentice wage hereby established, such apprentice shall be paid on

a piecework basis. The period of apprenticeship shall not exceed

eight (8) weeks and any time worked by an apprentice shall be

deemed a part of such apprentice period whether such time is worked

continuously, or in more than one shop. or for more than one

employer. The number of apprentices engaged by any one employer

shall at no time exceed ten percent (10%) of the total number of

employees engaged by such employer.

(c) A person whose working capacity is limited because of age

or physical handicap may be employed at a wage below the minimum

established by this Code under the following conditions:

That such person shall be paid proportionately no less than the

other employees in the same factory receive for similar work, but in

no case. shall their compensation amount to less than seventy percent

(70%) of the amount required by the minimum wage provision of

this Code.

That the employer shall at once prepare and transmit to the Code

Authority a list of such persons. stating name. class of occupation,

wage rate, length of service, and such other pertinent information

as the Code Authority may require. This list shall be revised up to

date once each month and transmitted to the Code Authority.

The proportion of persons so compensated to total employees shall

not exceed ten percent (10% ) at any one time.

The Code Authority shall report to the Administrator within three

(3) months after the effective date of this Code and from time to

time thereafter as to the effect of the operation of this subsection,

both generally and in cases of individual hardship.

2. Members of the Industry manufacturing infants' and children's

wear included in a Code of Fair Competition heretofore approved

who shall elect to operate under and be subject to this Code in accordance with any Executive or Administrative Order creating such
620

right shall conform, except as specifically provided in Section 4 of

this Article, to wage provisions equivalent to the wage provisions

of such other Code of Fair Competition.

3. No employee engaged in the manufacture of blazers, sportcoats, Eton and Rlugby suits. boys' overcoats, sizes one to six, boys'

snow-suits, boys jersey suits and boys' three piece legging sets shall

be paid at less than the rate of forty cents (40) per hour.

4. The weekly compensation for employment now in excess of

the nininuin wages herein provided shall not be reduced, notwithstanding that the hours of work in any sich employment may be

hereby reduced, and piece rates shall be so adjusted that earnings

at the shorter hours provided in this Code shall be at least equivalent

to those obtained under the longer hours heretofore prevailing. provided that this clause shall not cause an increase in any wage rate

by more than twenty-five per cent (251" ) over the wage rate as

of July 1, 1933.

ARTICLE V-GENERAL LABOR PROVISIONS

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

in tie industry. No person under eighteen (18) years of age shall

be employed at operations or occupations which are hazardous in

nature or detrimental to health. The Code Authority shall submit

to the Administrator within ninety (90) days of the effective date of

this Code a list of such operations or occupations.

2. Employees shall have the right to organize and bargain colleetively. through representatives of their own choosing, and shall be

free from interference. restraint. or coercion of employers of labor

or their agents, in the designation of such representatives or in selforganmization or in other concerted activities for the purpose of collective barga ining ir.

3. No eniployee ad no one seeking employiment shall be required

as a condition of employment to join any company union or to refra in from joining, organizing, or assisting a labor organization of

his owN11 c1oosin g.

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

prescribed by the President.

5. No employer shall reclassify employees or duties of occupations

performed for the purpose of defeating the provisions of the Act or

of this Code.

(1. Every employer shall provide for the safety and health of his

employees at thle place and during the hours of their employment.

Standards of safety and health shall be submitted by the Code Authority to the Ad m inistrator within six (6) months after the effective

date of this Code.

7. No provisions of this Code shall supersede any law within any

State which imposes more stringent requirements on employers as to

age of employees, wages. hours of work, or as to safety, health or

sanitary regulations, or insurance, or fire protection, or general

working conditions. than are imposed by this Code.

8. No member of the Industry shall employ home labor for the

performance of home work on sewing machines.
(321

9. The Code Ailthiority ,,hall, within six (6) month of thu effective

date of this Code reconinend to the Adtimiitrtor appropriate

means for the regUlation and control of sutich homi wurk in this

industry as is not provided for in Section 8 of thi>- Article.

P). Each meniber of the industry hall Ie fttunislhed. by tle 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 slich provisions shall colitaii

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, ()r separate Unit, to

the extent necessary to make them freely accessible to all members.

Wheniever any modifications of, or cxceiption or exception from this

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

longer hours, or establish conditions 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 alongside of such official copies of Code Provisions. No member of the industry shall display or furnish any

incorrect copies of such provisions, directions, modifications, exemuptions or exceptions.

11. 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-CONTRACTORS

1. For the purposes of this Article the term " contractor " shall

include any and all persons engaged in the manufacture of infants'

and children's wear as herein defined from materials provided for

them by jobbers and others.

2. No member of the Industry shall cause any goods to be manufactured in any factory not registered with the Code Authority in

accordance with regulations determined by the Code Authority

and approved by the Administrator.

3. No member of the Industry shall employ any Contractor found

and reported by the Code Authority to be operating in violation of

the provisions of this Code until such time as the Code Authority

permits the re-employment of such Contractor. The application of

this Section shall at all times be subject to rules and regulations

issued by the Administrator.

4. All members of the Industry engaged in the manufacture of

infants' and children's dresses and causing such garments or any

part thereof to be manufactured by Contractors shall pay to such Contractors for such productions, rates at least sufficient to enable such

Contractors to pay to their employees working on such garments, the

minimum wage provided for by this Code, and all such payments

received by such Contractors shall be first applied in the payment of

wages to the employees working on such garments.

5. The Code Authority shall create, within ten (10) days of the

effective date of this Code a special committee to study the problem
622

of jobber-contractor relationships. Said committee shall make reconmendations to the administrator regarding the establishment as a

part of this Code, of such rules and regulations as will tend to stabilize the relationships between jobbers and contractors and which will

further effectuate the purposes of the Act and of this Code, which

reconinendations, upon the approval of the Administrator and after

such notice and hearing as he may prescribe, shall become effective as

part of this Code.

ARTI-CLE VII-ADMINISTRATION

1. There shall be forthwith constituted a Code Authority consisting of:

(a) Eleven 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) Such additional members, without vote, not to exceed three,

as the Administrator may appoint to represent such groups or interests or such governmental agencies and for such periods as lie may

designate.

(c) Two members, without vote, to represent the interests of

labor and to be appointed by the Administrator on the nomination

of the Labor Advisory Board.

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

following manner:

(a) Ten members shall be selected by the United Infants' and

Children's Wear Association.

(b) One member shall be selected by the Children's Dress Contractors' Association.

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, 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, he may require an

appropriate modification in the method of selection of the Code

Authority.

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

share the benefits of the activities of Code Authority by assenting

to and complying with the requirements of this Code and sustaining

their reasonable share of the expenses of administration as shall be

determined by the Code Authority, subject to review by the Administrator, on the basis of volume of business or such other factors as

may be deemed equitable.
623

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

the Code Authority partners for any purpose. Nor shall n iitinber

of the Code Atithority be liable iin any manner to alyowe foir ally act

of any other member. officer, agent or employee of the CodIe A uthiority, nor shall any member of the Code Authority. exercise* ng reasonaIle diligelnce iii the conduct of his duties hereunder. be 1*iable to

alnyone for anN actionl or oiission to act under this Code. except f11r

his own wilful imisfeasaice o1 non-feasance.

7. If the Adiniiiist rator shall deterinic that any action (f the Code

Atithority or any agency thereof may be unfair or unjust 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 the Code

Authority or agency, penling final action, which shall iot be effective

unless tle Administrator approves or unless he shall fail to disapprove after thirty (30) days notice to him of intention to proceed

with such action in its original or modified form.

8. The Code Authority shall have the following 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 ('onstrued to deprive duly authorized governmental agencies (if their

power to enforce the provisions of this Code or of the Act.

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

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 administration (If the Code;

and in addition to information required to be submitted to any

Code Authority, all 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

furnish reports to government agencies. No individual report 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 assess and collect from members of the Industry an equitable and proportionate payment of the reasonable expense: of maintainig the Code Authority and its activities.

(g) To recommend to the Administrator any action orIn measures

deemed advisable, including further fair trade practice provisions, to
624

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.

(h) To appoint a trade practice connittee which shall meet

with the trade practice committees set up pursuant to such other

codes as may be related to the industry for the purposes of formulating fair trade practices to govern the relationships between employers under this code and under such other codes to the end that

fair trade practices may be proposed to the Administrator as amendments to this Code, and such other codes.

(i) To reconumend to the proper authority, should the provisions

of this Code so increase the cost of domestic manufacture as to

greatly increase the proportion of foreign imports and render ineffective or seriously to endanger the maintenance of this Code, such

tariff and other regulations as will prevent this Code from being

rendered ineffective or its maintenance seriously endangered.

(j) To establish national and regional industrial relations boards

or other agencies of conciliation or arbitration in factories where

truly representative organizations of employers and employees are

declared to exist by the Administrator. Where such truly representative organizations with respect to employees do not exist, the

Code Authority shall have the power to create factory and district

and national Industrial Relations Boards in accordance with the

regulations approved by the Administrator.

ARTICLE VIII-N.R.A. LABELS

All garments manufactured or distributed subject to the provisions of this Code shall bear an N.R.A. label to symbolize to purchasers of said garments the conditions under which they were manufactured. Under the powers vested in him by Executive Order of

October 14, 1933, and tnder grant of the necessary authority by

the Administrator, the Code Authority shall have the exclusive right

in this industry to issue and furnish said labels to the members

thereof. Each label shall bear a registration number especially

assigned to each employer by the Code Authority and remain

attached to such garment when sold to the retail distributor. Any

and all employers may apply to the Code Authority for a permit

to use such N.R.A. label, which permit to use the label shall be granted

to them, but only if and so long as they comply with this Code.

The Code Authority subject to approval by the Administrator, shall

establish rules and regulations and appropriate machinery for the

issuance of labels and the inspection, examination, and supervision

of the practices of employers using such labels in observing the provisions of this Code for the purpose of ascertaining the right of

said employers to the continued use of said labels; of protecting purchasers in relying on said labels; of insuring to each individual

employer that the symbolism of said label will be maintained by

virtue of compliance with the practices herein contained by all other

emiployers using said label.

The charge made for such labels by the Code Authority shall at

all times be subject to supervision and orders of the Administrator
625

and shall be not more than an amount necessary to cover the actual

reasonable cost thereof, including actual printing. distriibutionl. and

administration and supervision of the use thereof as hereinabove

set forth.

ARTICLE I X-TRADE PRACTICE RULES 2

1. No member of the industry shall publish advertising (whether

printed, radio, display or of any other natutre ), which is mni-leading

or inaccurate in any material particular, nor shall any member, in

any way misrepresent any goods (including but without limitation

its use, trademark, grade, quality, quantity, origin, size, substance,

character, nature, finish, material content or preparation) or credit

terms, values, policies, services, or the nature or form of the business

conducted.

2. No member of the Industry shall use selling methods or credit

terms which tend to deceive or mislead the customer or prospective

customers.

3. No member of the Industry shall withhold from or insert in any

quotation or invoice any statement that makes it inaccurate in any

material particular.

4. No member of the Industry shall brand or mark or pack any

goods in any manner which is intended to or does deceive or mislead

purchasers with respect to the brand, grade, quality, quantity. origin, size, substance, character, nature, finish, material content or

preparation of such goods.

5. No member of the Industry shall publish advertising which

refers inaccurately in any material particular to any competitors or

their goods, prices, values, credit terms, policies, or services.

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

harass or have the effect of harassing competitors or intimidating their customers.

7. No member of the Industry shall give or permit to be given any

secret payment or allowance of rebate, refund, commission, credit,

or unearned discount, whether in the form of money or otherwise, or

the secret extensions to purchasers of special services or privileges

not extended to all purchasers of like terms and conditions.

8. 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 knowledge of such employer, principal or party. Commercial bribery provisions shall not 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.

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

of an existing contract between a competitor and his customer or

source of supply; nor shall any member of the Industry interfere

2 See paragraph 2 (3) of order approving this Code.
626

with or obstruct the performance of such contractual duties or

serv ices.

10. No member of the Industry shall grant cash discounts of any

kind or description, to the retail trade in excess of 8/10 E 0 M or

7/10, '30 or 6/10, 60 nor shall he grant any cash discounts of any

kind or description to the jobbing trade in excess of 3/10 E 0 M or

2/10/60. Goods billed after the 25th of the month may be considered as of the first of the following month. Payments not received within five (5) days after the last date of maturity must be

paid net.

11. No member of the Industry shall ship finished goods on memorandum or consignment except under circumstances authorized by

the Code Authority and approved by the Administrator.

12. No member of the Industry shall accept the cancellation of an

order nor the return for credit of merchandise shipped in conformity

with the terms and conditions of the contract pursuant to which it

was sold and where the contract has been fully performed.

13. No member of the Industry shall sell any product or service

below cost based upon principles of costing formulated by the Code

Authority and approved by the Administrator except to meet competition of a member of the Industry whose costs are lower. The

sale of distress merchandise shall be exempt from these restrictions.

ARTICLE X-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 subsection (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

m1o(lification to be based upon application to the Administrator and

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

on approval of the President.

ARTICLE XI-MONOPOLIES, ETC.

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

ARTICLE XII

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 shall be delayed. But when such increases shall be made,
627

so far as possible, they will be limited to actual increase in the

seller's costs.

ARTICLE XIII-EFFECrTvE DATE

This Code shall become effective on and after the second Monday

after its approval by the President.

Approved Code No. 373.

Registry No. 217-1-05.

0
UNIVERSITY OF FLORIDA

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