UNIVERSITY OF FLORIDA 

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3 1262 08486 7968 Registry No. 280-1-02 

NATIONAL RECOVERY ADlVIINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

DRAPERY AND UPHOLSTERY 

TRIMMING INDUSTRY 

AS APPROVED ON JANUARY 16, 1934. 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

\\ I I 

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For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price £ ~DUI 

V 
This publication ls for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky. : 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Building. 
Approved Code No. 212 

CODE OF FAIR COMPETITION 

FOR THE 

DRAPERY AND UPHOLSTERY TRIMMING 

INDUSTRY 

As Approved on January 16, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

DRAPERY AND UPHOLSTERY TRIMMING 

INDUSTRY 

An application having been duly made pursuant to and in f ull 

compliance with the provisions of Title I of the National I ndustrial 

Recovery Act, approved J une 16, 1933, for approval of a Code of 

F air Competition for the Drapery and Upholstery Trimming Industry, and hearings having been duly held thereon and the annexed 

r eport on said Code, containing findings with respect thereto, having 

been made and directed to the P resident: 

NOW, THEREFORE, on behalf of the President of the United 

States, I , H ugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

P resident, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved. 

HUGH S. JOHNSON, 

Adniinistrator for Industrial Recovery. 

Approval recommended: 

A. D. WHITESIDE, 

Division Adniinwtrator. 

,v As HINGTON, D.C., 

January 16, 1934. 

29275°- 296-113- 34 (225) 
THE PRESIDENT' 

The White House. 

Srn: This is a report on the hearing on the Code of Fair Competition for the Drapery and Upholstery Trimming Industry, held in 

the Fairfax Room of the New Willard Hotel, on November 10, 1933. 

The Code which is attached was presented by duly q_ualified and 

authorized representatives of the Industry, complying with statutory 

requirements said to represent over 70% by volume of production 

and 14 out of 50 concerns in the Industry. 

In accordance with customary procedure every person who had 

filed a request for an appearance was freely heard in public, and all 

statutory and regulatory requirements were complied with. 

THE INDUSTRY 

The Industry comprises 50 concerns having an investment in 1933 

of $4,000,000. In 1929 the industry provided employment for 5,000 

full-time workers. This figure has declined to 2,500 employees in 

1933. The aggregate annual sales have fallen from $20,000,000 in 

1928 to $7,000,000 in 1932. 

PROVISIONS OF THE CODE 

The Code provides for a minimum wage of $13.00 per week. 

Hours are limited to 40 hours for any one week and 8 hours in any 

24-hour period with the following exceptions: Watchmen are permitted to work 56 hours per week; employees in a supervisory 

capacity receiving $35.00 per week or more, and outside salesmen 

are not limited as to hours; employees on emergency repair work 

are excepted but are to be paid time and one third for hours worked 

in excess of 40 hours per week; office employees are permitted to 

work 48 hours in wiy one week provided they do not work more 

than 40 hours per week averaged over a period of three months; 

maintenance employees are permitted to work 44 hours per week. 

Hours of work have been reduced by 15%, and employment is 

thereby increased in the same proportion. 

Operations are limited to two shifts of 40 hours each per week. 

All homework is abolished within one month after the effective date. 

Existing differentials between wage rates above the minimum are 

maintained and no employee is to receive less compensation for the 

40-hour week than was received for the longer work week prevailing 

prior to the approval of this Code. Average weekly earnings will 

be increased approximately 7% by the application of this Code. 

Representation on the Code Authority is provided for all members 

of the Industry. There are no highly restrictive provisions in the 

(226) 
227 

Code itself. Provision is made for prohibiting sale of merchandise 

below cost when and if a uniform system of cost accounting recommended by the Code Authority is approved by the Administrator. 

There was some question as to whether or not this Industry is 

entitled to operate under a separate code, since a large part of the 

products of the Industry are manufactured on weaving and ))raiding 

machines. These operations are included within the definition of 

the Code for the Narrow Fabrics Industry. At the request of the 

members of the Industry submitting this Code it was decided to 

permit them to operate under this separate code with respect to operations performed on weaving and braiding machines until such time 

as the Narrow Fabrics Code is approved by the President. The Code 

will continue in effect for a period of only six months, but this time 

may be further extended or shortened upon application of the Code 

Authority approved by the Administrator. 

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) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by 

inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervisions, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by 

avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and 

agricultural 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 m~ 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 said association imposes no inequitable 

restrictions on admission to membership therein. 
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(d) The Code i not de igned to and will not permit monopolies 

or monopoli tic pra tice . . ( e) The Code i not de igned to and will not eliminat or op pres 

small enterpri e~ and will not operate to di criminate again t them. 

(f) Tho e engaged in other step of the economic proce s have not 

been deprived of the right to be heard prior to approval of aid Code. 

For these rea ons this Code has been approved. 

Respectfully, 

WABIDNGTON, D.C., 

January 16, 1934-

I-IuoH S. JoH~'SON 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

DRAPERY AND UPHOLSTERY TRIMMING 

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 Drapery and Upholstery Trimming Industry, and shall be the standard of Fair Competition for such Industry 

and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

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

and original sale of trimmings for draperies, furniture, curtains, 

caskets, window and lamp shades, rug fringe, awning fringe, silk 

cords, tassels, bath robe girdles, gimps ,and passementerie trimmings 

all of a decorative nature and curtains manufactured on knitting 

machines. 

2. The term " member of the Industry " includes anyone engaged 

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

own behalf, and includes anyone who furnishes or contracts for 

labor as a part of a larger or further operation in the process 

of manufacturing the products of the Industry. 

3. The term "employee" as used herein includes anyone engaged 

in the Industry in any capacity receiving compensation for his 

services, irrespective of the nature or method of payment of such 

compensation. 

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

any such employee is compensated or employed. 

5. The term "productive machinery" as used herein includes all 

machines and hand work equipment used in the manufacturing 

processes of the Industry. 

6. The terms ' President", "Act", and "Administrator ' as used 

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

the ational Industrial Recovery Act, and the Administrator for 

Industrial Recovery. 

ARTICLE III-Houns 

1. o office employee hall "·ork or be permitted to work in excess 

of forty ( 40) hours per week, aYeraged over a period of three (3) 

(229) 
230 

months or forty-eight (48) hours in any one (1) week, or eight (8) 

hours in any twenty-four (24) hour period. 

2. No other employee shall work or 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, excepting that: 

(a) Repair shop crews, engineers, electricians, and firemen shall 

be permitted to work 10% in excess of the hours specified above. 

(b) Executives and employees in a managerial or supervisory 

capacity, who receive $35.00 or more per week, and outside salesmen 

are excepted from the maximum hour provisions of this Article. 

( c) ,v atchmen are permitted to work not more than 56 hours per 

week. 

3. The maximum hours fixed in the foregoing Section shall not 

apply to any employee on emergency maintenance or emergency repair ·work involving breakdowns or protection of life or property, 

but in any such special case at least one and one third (11/2) times his 

normal rate shall be paid for hours worked in excess of the maximum 

hours therein provided. 

At the end of each calendar month every employer shall report 

to the Code Authority hereinafter provided for, in such detail as may 

be required, the number of man-hours worked in that month in 

cases of emergency and the ratio which said emergency man-hours 

bear to the total number of man-hours of labor during the month. 

4. Members of the Industry shall not operate productive machinery for more than two shifts of forty ( 40) hours each per week. 

5. No employee shall work or be permitted to work for a total 

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

each week and day, whether employed by one or more employers. 

ARTICLE IV-WAGES 

1. The minimum wage that shall be paid by members of the Industry to any employee shall be at the rate of 321⁄2 cents per hour. 

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

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

other basis. 

3. The weekly compensation for employment now in excess of the 

minimum wages herein provided shall not be reduced (notwithstanding that the hours worked in such employment may be hereby reduced). Wage differentials existing prior to June 16, 1933, shall 

be maintained for ·all employees receiving $35 per week or less. 

4. Female employees performing substantially the same work as 

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

ARTICLE V-GENERAL LABOR PROVISIONS 

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

in this Industry. In any State, any 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. 
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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 self-organization, 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 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 President. 

5. No provision in this Code shall supersede any State or Federal 

law imposing more stringen_t 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 use any other subterfuge so as to 

defeat the purposes of the Act. 

7. Each employer shall post in conspicuous places full copies of 

this Code. 

8. Home work of any kind shall be permitted only for a period 

of one month after the effective date of this Code. 

9. Until adoption of further provisions of this Code that may 

prove necessary in order to prevent any improper speeding up of 

the work (stretch-outs) no manufacturing employee in the Industry 

shall be required to do any work in excess of the practice as to the 

class of work of such employee prevailing on July 1, 1933, or prior 

to the Share-The-Work movement unless such increase is submitted 

to and approved by the Code Authority created by this Code, and 

QY the Administrator. 

ARTICLE VI-ADMINISTRATION 

1. To further effectuate the policies of the Act, a Code Authority 

is hereby constituted to cooperate with the Administrator in the administration of this Code. 

(a) The Code Authority shall consist of 9 individuals or such 

other number as may be approved from time to time by the Administrator, to be selected as hereinafter set forth. The Administrator, 

in his discretion, may appoint not more than three (3) additional 

members without vote to represent the Administrator or such group.s 

or interests as he may determine. 

(b) Five members of the Code Authority shall be selected by the 

Board of Directors of the Allied Drapery and Upholstery Trimming 

Association, and 4 members may be selected by members o.f the Industry, not members of thi.s Association, by a fair method, approved 

by the Administrator. 

( c) 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 a.ssociation, bylaws, regulations, and any amendments when made thereto, 
232 

together with such other information as to membership, organization, 

and activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

( d) 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 provide 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. 

2. The Code Authority shall have the following duties and powers 

to the extent permitted by this Act. The Administrator shall have 

the right to review and veto any action taken by the Code Authority. 

(a) The Code Authority may from time to ti,me present to the 

Administrator recommendations based on conditions in this Industry, as they may develop, which will tend to effectuate the operation of the provisions of this Code. Such recommendations, when 

approved by the Administrator, shall have the same force and effect 

as any provisions of this Code. 

(b) The Code Authority shall cooperate with the Administrator 

in making investigations as to the functioning and observance of 

any provisions of this Code, at its own instance or on complaint by 

any person, and report the same to the Administrator. 

( c) i1embers of the Industry shall be entitled to participate in 

and share the benefits of the activities of the Code Authority and 

to participate in the selection of the members thereof by assenting 

to and complying with the requirements of this Code and sustaining 

their reasonable share of the expense of its administration. The 

reasonable share of the expenses of the adn1inistration shall be determined by the Code Authority, subject to approval by the Administrator, on the basis of volume of business and/or such other factors 

as may be deemed equitable to be taken into consideration. 

( d) Members of the Industry shall file with the Code Authority, 

at such times and in such manner as may be prescribed, statistics 

covering number of employees, wage rates, employee earnings, hours 

of work, production, shipments, stocks, prices, and such other data 

pertinent to the effectuation of the purposes of this Code as may be 

required by the Administrator. 

3. In addition to the information required to be submitted to 

the Code Authority, there shall be furnished to government agencies 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act. 

ARTICLE VII-TRADE PRACTICES 

1. No member of the Industry shall sell or exchange any product 

of the Industry below his own cost when and if same may be determined as herein provided, except to meet the competition of any 

member of the Industry whose price is not less than his own cost. 

When a uniform and standard system of cost accounting, prescribed 

by the Code Authority, shall be approved by the Administrator, 

every member of the Industry shall use a system of accounting which 

conforms to the principles of and is at least as detailed as such 
233 

system. The Code Authority shall, subject to the approval of the 

Administrator, determine the cost factors to be included in such 

system. 

2. The following unfair trade practices are prohibited: 

(a) The giving, permitting to be given, or directly offering 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. This provision sh.all 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. 

(b) The secret payment or allowances of rebates, refunds, commissions, credits, or unearned discounts, whether in the form of 

money or otherwise, or the secret extension to certain purchasers of 

special serYices or privileges not extended to all purchasers on like 

terms and conditions. 

(c) The branding or marking of any product of the Industry in 

any manner which tends to deceive or mislead purchasers, with 

respect to the grade, quality, quantity, origin, size, material content, 

or preparation of such product. 

( d) Selling on more liberal terms than 2% 10 days E.0.M. 

ARTICLE VIII- MonIFICATION 

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. After due notice and hearing, this Code, except as to provisions 

required by the Act, may be modified on the basis of experience or 

changes in circumstances ; such modifications shall be based on the 

recommendation of the Code Authority or of any interested party 

or group or on the Administrator's own initiative and shall become 

effective on approval by the Administrator. 

ARTICLE IX 

When another Code shall be approved by the President covering 

processes or operations in which this Industry or any part thereof 

engages, the provisions of such Code shall supersede any provisions 

of this Code covering such orocesses or operations. 

ARTICLE X-~1oNoPoLrns, ETc. 

No provision in this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 
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ARTICLE XI-EFFECTIVE DATE AND TERMINATION 

This Code shall become effective on the 10th day after date. 

It shall continue in effect for a period o:f six (6) months after such 

effective date. This time may be :further extended or shortened upon 

application of the Code Authority approved by the Administrator. 

Approved Code No. 212. 

Registry No. 280-1-02. 

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