UNIVERSITY OF FLORIDA 

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3 1262 08486 7505 

Registry No. 247-1-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

MILLINERY AND DRESS TRIMMING 

BRAID AND TEXTILE INDUSTRY 

AS APPROVED ON OCTOBER 31, 1933 

BY 

, .. 

PRESIDENT ROOSEVELT I 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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Birmingham, Ala.: 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chaml.Jer of Commerce Building. 

Chicago, Ill.: Suite 17CG, 2'01 North ·wells Street. 

Cleveland, Ohio: C!'lambcr of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, l\lich.: 2213 First National Bank Building. 

Houston, Tex.: Chamber of Commerce 13uilc1ing. 

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Seattle, Wash.: 09 Federal Bu ill1ing. 

Ul.)_ 
EXECUTIVE ORDER 

ConE OF FAIR CoMPETITION FOR THE MILLINERY AND DRESS TRIMMING 

BRAID AND TEXTILE 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 Millinery and Dress Trimming Braid 

and Textile Industry, and hearings having been held thereon and 

the Administrator having rendered his report containing an analysis 

of the said code of fair competition together with his recommendations and findings with respect thereto, and the Administrator having found that the said code of fair competition complies in all 

respects with the pertinent provisions of title I of the said act and 

that the requirements of clauses (1) and (2) of subsection (a) of 

section 3 of the said act haYe been met; 

NO~iV, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vest-ed 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 the said code of fair 

competition be and it is hereby approved. 

THE ~iV HITE HousE, 

October 31, 1933. 

Approval recommended: 

H UGH S. JOHNSON' 

Ad1ninistrator. 

FRANKLIN D. ROOSEVELT. 

(III) 

18577°----188-111----33 
THE PRESIDENT, 

SEPTEl\fBER 29, 1933. 

The lVhite House. 

SIR: I have the honor to submit and reconm1end for your approval, 

the Code of Fair Competition for the ))l£illinery and Dress Trimming, Braid and Textile Industry. The code has been approved 

by the Labor Advisory Board, the Consum-ers AdYisory Board, and 

the Industrial Advisory Board. 

An analysis of the provisions of the code has been made by the 

Administration, and a complete report is being transmitted to you. 

I find that the code complies with the requirements of clauses 1 

and 2, subsection (a) of section 3, of the National Indus trial Recovery Act. 

Respectfully, 

(IV) 

Huorr S. JoHNSON, 

Acl1ninistrator. 
CODE OF FAIR COMPETITION FOR THE MILLINERY AND 

DRESS TRIMMING, BRAID, AND TEXTILE INDUSTRY 

PREAMBLE 

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 Millinery and Dress Trimming, Braid, and 

Textile Industry, and shall be the standard of fair competition for ' 

such industry, and shall be binding upon every member thereof. 

ARTICLE I-DEFINITIONS 

(a) The term "Millinery and Dress Trimming, Braid, and Textile Industry" as used herein includes the manufacture and distribution by manufacturers, of braids, narrow fabrics, banding, cloths, 

or textile fabrics, made in major portion of unusual synthetic yarns 

and not of wool, silk, cotton, or rayon (or similar yarn made from 

acetate) for the use and consumption of the Millinery and Dress 

Trimming trades, and such branches or subdivisions as may from 

time to time be included under the provisions of this Code. 

(b) The term "employee" as used herein includes any person 

engaged in any branch of the Industry, in any capacity receiving 

compensation for his services, irrespective of the nature or metho~ of 

payment of such compensation. 

(c) The term" employer" as used herein includes anyone by whom 

such employee is compensated or employed. 

(d) The term" member of the Industry" includes anyone engaged 

in the Industry as above defined, either as an employer or on his own 

behalf. 

(e) The terms "President", "Act", and "Administrator" as used 

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

the National Industrial Recovery Act, and the Administrator of 

said Act. 

(f) The term "Association" shall mean the Millinery and Dress 

Trimming, Braid, and Textile Association. 

(g) The term "effective date" as used herein means the tenth 

(lOth) day after the approval of this Code by the President. 

ARTICLE II-WAGES 

{a) No employee shall be paid at less than the rate of thirty-five 

cents (35¢) per hour in New York City, nor at less than the r ate of 

thirty-two and a half cents (32lj2¢) per hour elsewhere in the United 

States of America. 

(1) 
• 

2 

(b) This Article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on a time rate, piecework or 

other basis. 

(c) Individual earnings at present above the minimum. shall not 

be decreased, but rates of pay in excess of the minimum prescribed 

in para ara ph (a) of this Article shall be increased so as to preserve 

the differences in earnings existing on July 1, 1933. 

(d) Female employees performing substantially the same work 

as male employees shall receive the same rates of pay as male employees. 

ARTICLE III-Houns 

(a) -No employee shall be permitted to work in excess of forty (40) 

hours in any one (1) week, or eight (8) hours in any twenty-four 

(24) hour period, except supervisors earning thirty dollars ($30.00) 

a week or over, repair shop crews, engineers, firemen, shipping and 

watching crews. The excepted employees, other than the supervisors, 

working in excess of forty ( 40) hours shall receive time and a third. 

for all overtime. -

(b) Pending action by the Code Authority under the terms of 

Section 3 (e) of the National Industrial Recovery Act, a committee 

shall be designated by the Code Authority to investigate the labor 

reserve problems of the industry with a view to recommending a 

means of meeting this problem. 

(c) The foregoing provisions for maximum hours shall establish 

the maximum hours of labor per week of every employee other than 

those employees excepted therein, so that m1der no circumstances 

shall an employee work or be permitted to work for any one or more 

employers in the industry an aggregate in excess of the prescribed 

number of hours in any single week. 

ARTICLE IV-GENERAL L ABOR PRonsroxs 

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

in the industry. 

(b) 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 self-organization, or in other concerted activities for the purpose 

of collectiYe bargaining or other mutual aid or protection. 

(c) No employee and no one seeking employment shall be required 

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

his own choosing. 

(d) Employers shall comply with the maximum hour of labor, 

minimum rates of pay, and other conditions of employment approYed 

or prescribed by the President. 

(e) ''Tithin a State this Code shall not supersede any laws of such 

State im}Josing more stringent requirements regulating the ages of 

employees, wages, hours of work, or health, fire, or general working 

conditions than under this Code. 
3 

{£) E mployers shall not reclassify employees or duties o:f occupations performed by employees so as to defeat the purpose o:f the 

Act. 

(g ) E ach employer shall post in conspicuous places on his premises 

such copies of this Code or portions thereof as required by the Code 

Authority. 

ARTICLE V-REPORTS 

"\Vith a view to keeping the Administrator informed as to the 

observance o:f this Code, and as to whether the industry is taking 

appropriate steps to effect the purposes of Title I of the National 

I ndustrial Recovery Act, each m_ember of the industry shall :furnish 

duly certified reports in substance as follows, and in such :form as 

may hereafter be provided and at such times as the Code Authority, 

with the approval of the Administrator, may require. 

{1) Wages and H01.t?'S of Labo1·.-Returns every four (4) eeks 

showing actual hour worked by the various occupational groups o:f 

employees and weekly earnings; 

(2) Repm·ts of P-rod1.wtion, Sales, Stock, and OtYlers.-Returns 

showing production in terms of commonly used units, i.e., gross 

yards or pounds, or pieces; stock on hand, both sold and unsold, 

in the same terms, and unfilled orders stated also in the same terms. These returns are to b confined to staple construction o:f millinery 

t extiles. 

(3) The Association is constituted the agency :for collecting such 

reports, which shall be kept confidential by such Association, and 

only made available as the Administrator may direct. 

( 4) I n addition to the information required to ba submitted to 

the Association, there shall be furnished to government agencies such 

statistical information as the Administrator may deem necessary 

:for the purposes recited in Section 3 (a) o:f the Act. 

AnTICLE VI- An:MINISTTIATION 

Further to effectuate the policie of the Act, a Code Authority is 

hereby stituted to cooperate with the Administrator in the 

admini tration of this Code. 

(a) 01·ganization an.cl constitution of the Code A1dlwrity.-(l) 

The Code Authority shall consist of five ( 5) individuals or such 

other number as may be provided from time to time by the Administrator, to be selected as hereinafter set forth. The Admini trator, in 

his discretion, may appoint not more than three (3) additional members to represent hin1. elf or such interests or groups as he may deem 

entitled to such repres"'ntation. 

(2) The five (5) members representing the industry shall be 

selected by the members of the industry at a general meeting called 

by the Association for the purpose, under regulations approved by 

the Adm_inistrator. 

(3) In order that the Code Authority shall at all times be truly 

representative of the industry, the Administrator shall provide such 

hearings as he may deem proper and may at any time change or 

modify the method o:f selection, the groups making such selection, and the membership of the Code Authority. 
4 

( 4) Any trnde or industrial association participating in the selection of activities of the Code Authority shall: 

(a) Impose no inequitable restrictions on membership, and all 

members shall be entitled on equitable terms and conditions to 

become members thereof; and 

(b) Submit to the Administrator true copies of its articles 

of association, bylaws, regulations, and any amendments when 

made thereto, together with such other information as to membership, organization, and activities as the Administrator may 

require, and shall comply with such orders as the Administrator 

may make in respect thereto to effect the purposes of this Act. 

( 5) Any member of the industry subject to this Code may 

participate in the selection of the Code Authority and in the benefits 

of its activities by assenting to and complying with the provisions 

of the Code and sustaining a reasonable share of the expense$ of 

administration. Such reasonable share shall be determined by the 

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

basis of volume of business andj or such other factors as may be 

deemed equitable to be taken into consideration. 

(b) The Code Authority shall have the following duties and 

powers to the extent permitted by this Act and subject to review by 

the Acbninistrator: 

(1) It shall assist in the arbitration of disputes between members 

of the industry; 

(2) It shall bring notices of violations to the proper authorities; 

(3) It shall secure current information concerning the competition 

in domestic markets of imported braids, bandings, cloths, hat bodies, 

narrow fabri cs for use and consumption by the Millinery and Dress 

Trimming trades, and if it is found that such products are being 

imported into the United States in substantial quantities or in· 

creased r atio -to domestic production, and on such terms or on such 

conditions as to r ender ineffective or seriously to endanger the majntenance of this Code, it shall complain to the President, pursuant 

to the provisions of Section 3 (e) of the National Industrial Recovery Act, and petition for suitable restrictions on the importation 

of such production. 

( 4) It shall compute the lowest reasonable cost of production of 

products in the industry, which shall be determined as follows: 

It shall, from time to time, but not less than once each year, 

through certified public accountants, approved by the Administrator, compute the lowest reasonable cost of production on a 

fair basis. When this lowest reasonable cost has been approved 

by the Administrator, it shall be proclaimed by the Code 

Authority and shall be binding upon all members of the 

industrv. 

( 5) It ll , with the approval of the Administrator, establish a 

proc~dure for the .registration of style patterns and thereafter the 

copy1ng and offermg for sale o:f any style pattern or any style 

design originated by another manufacturer, within six ( 6) months 

of the dat~ o.f the r~gi try of such style pattern or style design with 

the Assocwtwn by such manufacturer, with the effect of injuring 

the industry or customers or consumer ·, shall be an unfair trade 

practice and hereby prohibited. 
5 

- ARTICLE VII 

(a) Sales Below Oost.-(1) No member of the industry shall ell 

or distribute braids, bandings, cloths, hat bodies, or narrow fabrics, 

of his manufacture, for use and consumption by the Millinery and 

Dress Trimming trades (except distress merchandise, out of style 

numbers and/ or overstocks, which are hereinafter provided for), at 

a price below the lowest reasonable cost of such product commercially made under this Code. The lowest reasonable cost shall be 

determined a provided in Article VI (b), Section 5. 

(2) In order to provide for the orderly disposition of distress 

merchandise, out of style numbers, and/ or overstocks, such merchandise shall be reported to the Code Authority with such information 

as the Code Authority may require. Subject to review by the Administrator, the Code Authority shall recommend as speedily as 

practicable the methods and conditions of disposal with a view to 

the best interests of the manufacturer, the industry, and the public. 

(b) Any one who manufactures any of the products included 

within the industry, as defined in Article I, shall be bound by this 

Code to the extent of his production of such articles. 

ARTICLE VIII-MoDIFICATION 

This Code and all the provisions thereof are expressly made subject 

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

Section 10 (b) 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. 

ARTICLE IX-MoN OPOLIES 

No provision 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-PP.ICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impos ible of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases should be delayed and that when made the same should so 

far as reasonably possible be limited to actual increases in the sellers' 

costs. 

ARTICLE JCI-~FFECTIVE DATE 

This Code shall become effective on the tenth (lOth) day after its 

approval by the President. 

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