v 

Approved Code No. 211-Amendment No. 2 Registry No. 204-1-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

ROBE AND ALLIED PRODUCTS 

INDUSTRY 

AS APPROVED ON DECEMBER 6, 1934 

WE DO OUR PART. 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

[ 

I I 

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Approved Code No. 211-Arnendment No. 2 

AMENDMENT TO CODE OF F AIR COMPETITION 

FOR THE 

ROBE AND ALLIED PRODUCTS INDUSTRY 

As Approved on December 6, 1934 

ORDER 

:Al\rENDMENT OF CoDE OF FAIR CoMPETITION FOR THE RonE AND ALLIED 

PRODUCTS 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 approval of certain 

amendments to the Code of Fair Competition for the Robe and Allied 

P roducts Industry, and hearings having been duly held thereon and 

the enclosed report on said amendments containing findings with 

respect thereto having been made and directed to the President: 

1VHEREAS, Article VI, Section 5 of the Approved Code of Fair 

Competition for the Robe and Allied Products Industry is incon- sist~nt with policy. For this reason this Section of the Code is 

hereby stayed until further order of theN ational Industrial Recovery 

Board. 

NOvV, THEREFORE, the National I ndustrial Recovery Board, 

on behalf of the President of the U nitecl States, pursuant to attthority 

vested in it by Executive Orders of the President, including executive Order Number 6859, dated September 27, 1934, and otherwise ; 

does hereby refer to said annexed report and does find the said 

amendments and the Code as constituted after being amended, comply 

in all respects with the pertinent provisions and will tend to promote 

the policies and purposes of said Title of said Act, and does hereby 

order that said amendments be and they are hereby approved, and 

that the previous approval of said Code be and it is hereby amended 

to include an approval of said Code in its entirety as amended. 

NATIONAL I N DUSTRIAL RECOVERY BoARD, 

By ,¥. A. HARRIMAN' 

Approval recommended: 

Adm,inistrative Officer. 

PRENTiss L. CooNLEY, 

Acting Division Administ1·ator. 

'iV A.SHINGTON, D. c., n~b 1· 6, 193./y. 

101480°----1385- 51----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The TV hite House. 

Srn: A Public Hearing was held September 20, 1934 on the proposed amendments to the Code of Fair Competition for the Robe 

and Allied Products Industry. The amendments to tl~e Code contain provisions for : Classification of the manufacturing employees, maintaining of time records, 

discounts and Mandatory Assessment for the maintenance of the 

Code Authority. 

Article VI, Section 5 of the Approved Code of Fair Competition 

£or the Robe and Allied Products Industry, approved October 21, 

1933, is inconsistent with policy in connection with the proposed 

amendments. For this reason this Section of the Code has been 

stayed. 

The Deputy Administrator in his final report to the National 

Industrial RecoYery Board on said amendments to said Code having 

found as herein r:;et forth and on the basis of all the proceedings in 

this matter : 

The National Industrial Recovery Board finds that: 

(a) The amendments to said Code and the Code as amended are 

well designed to promote the policies and purposes of Title I of 

the N ationul Industrial Recovery Act including the removal of obstructions to the free flow of interstate and foreign commerce which 

tend to diminish the amoui"lt thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpose 

of cooperative action of labor and management under adequate governmental sanction and supervision, 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 tempctrarily required), by 

increasing the consumption of industrial and agricultural products 

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

rehabilitating industry. 

(b) The Code as amended 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 . 

. (c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the industry as a whole. 

(d) The amendments and the Code as amended are not designed 

to and will not pernu t monopolies or monopolistic practices. 

(e) Th.e amend~e!lts and the Code as amended are not designed 

to and w1ll not ehnunate or oppress small enterprises and will not 

operate to discriminate against them. 

(2) 
3 

·(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 

amendments. 

For the reasons contained herein said amendments are approved. 

For the National Industrial Recovery Board : 

DECEMBER 6, 1934. 

vv. A. HaRRIMAN, 

Administ1·ative Officer. 
!A-MENDMENT TO CODE OF FAIR COMPETITION FOR 

THE ROBE AND ALLIED PRODUCTS INDUSTRY 

The Code of Fair Competition for the Robe and Allied Products 'Industry is amended by the following: 

A section to be known as Section 8 of Article III shall read as 

follows: 

Section 8. The provisions of this Article shall apply to any member of the industry performing manufacturing functions usually 

performed by an employee, even though said person be a partner, 

associate, an officer, a director, or stockholder of a company or corporation which is a member of the industry. 

A section to be known as Section 13 of Article V shall read as 

follows: 

Section 13. All employers in the industry must maintain a time 

clock or a time book and keep accurate record of the time worked by 

all employees subject to the Code, including pieceworkers. All such 

r ecords shall be preserved intact for a period of one year from the 

date records were taken. 

Amend Article VI, Section 7 ( i) to read as follows, instead of as 

amended April 2G, 1934: 

It being found necessary in order to support the administration of 

t his Code and to maintain the standards of fair competition established herein and to effectuate the policies of the Act, the Code Authority is authorized: 

1. To incur such reasonable obligations as are necessary and proper 

for the foregoing purposes and to meet such obligations out of funds 

which may be raised as hereinafter provided, and which shall be held 

in trust for the purposes of the Code; 

2. To submit to the Administration for its approval, subject to such 

notice and opportunity to be heard as it may deem necessary (1) an 

itemized budget of its estimated expen es for the foregoing purpose, 

and (2) an equitable basis upon which the funds necessary to support 

such budget shall be contributed by members of the industry; 

3. After such budget and basis of contribution have been approved 

b.Y the Administration, to determine and obtain equitable contribu- ti n as above set forth, by all members of the industry, and to that 

end, if necessary, to institute legal proceedings therefor in its own 

name. 

Each member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Code Authority, 

determined as hereinabove provided, and subject to rules and regulations pertaining thereto issued by the Administration. Only members of the industry complying with the Code and contributing to the 

expenses of its administration, as hereinabove provided, (unless duly . exempted from making such contribution) shall be permitted to parI ticipate in the selection of the members of the Code Authority or to 

(4) 
5 

receive the benefits of any of its Yoluntary activities or to make use 

of any emblem or insignia of the National Recovery Adm.inistration. 

The Code Authority shall neither incur nor pay any obligation 

substantially in excess of the amount thereof as estimated in its approved budget, and shall in no eYent exceed the total amount co.n- tained in the approved budget, except upon approval of the Administration; and no subsequent budget shall contain any deficiency item 

for expenditures in excess of prior budget estim.ates, except those 

which the Administration shall have so approved. 

Nothing in the provisions of this Article shall be deemed to require contributions by contractors where contributions are apportioned among members of the industry on a volume of sales basis. 

However, in transaction commonly known as ' cut, make and trim,' 

where the contractor is to be considered in the light of a manufacturer, the person for whom such garments are made shall not be 

assessed under this provision. 

Amend Article VIII, Section 1, to read as follows : 

The maximum terms of discounts on sales made by members of 

the industry after October 15, 1034: shall be as follows: 

(a) On merchandise made for men and boys 6%, 10 days E.O.l\1.; 

or 5%,70 days; or 4%, 130 days; customers other than retailers may 

also receive 3%, 190 days. 

(b) On merchandise made for women, girls and infants, 8%, 10 

days, E.O.M.; or 7%, 70 clays; or 6% , 130 days; customers other 

than retailers may also receive 5%, 190 days. 

(c) Anticipation may be permitted at the rate of six per cent (6%) 

per annum. 

(d) Any shipments made on or after the twenty-fifth (25th) day of 

the month may be considered as if made on the first (1st) day of the 

following month. There shall be no other post-dating except that as 

to any merchandise sold for fall consumption and shipped by a member during the months of July or August, dating as of the following 

September 1, but no later, may be granted. 

Approved Code No. 211-Amendment No. 2. 

Registry No. 204-1-02. 

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