Approved Code No. 494 Registry No. 272-2-05

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

MERCHANT AND CUSTOM

TAILORING INDUSTRY

AS APPROVED ON JULY 31, 1934

MEBR

U. 

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - -Price 5 cents
This publication is for sale by the Superintendent of Documents, Government

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

Foreign and Domewzslic Comnmerce.

DISTRICT OFFICES OF ThE DEPARTMENT OV 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.: 2213 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.: 102S Baltimore Avenue.

Lcs Angeles, Calif.: 1163 South Broadway.

Louisville, Ky.: 408 Federal Building.

Memphis, Tenn.: 229 Federal Building. Minmeapolis, Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse.

Neiv York, N.Y.: 734 Customhouse.

Norfolk, Va.: 406 East Plume Street.

Philadelphia, Pa.: 933 Commercial Trust Building.

Pittsburgh, Pa.: Chamber of Commerce Building.

Portland, Oreg.: 215 New Post Office Bailding.

St. Louis, Mo.: 506 Olive Street.

San Francisco, Calif.: 310 Customhouse.

Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 494

CODE OF FAIR COMPETITION

FOR THE

MERCHANT AND CUSTOM TAILORING INDUSTRY

As Approved on July 31, 1934

ORDER

CODE OF FAIR COMPETITION FOR THE MERCHANT AND CUSTOM

TAILoRING 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 a Code

of Fair Competition for the Merchant and Custom Tailoring Industry, and hearings having been duly held thereon and the annexed

report on said Code, containing findings with respect thereto, having

been made and directed to the President:

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

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

pursuant to authority vested in me by Executive Orders of the

President, 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,

Administrator for Industrial Recovery.

Approval recommended:

ROBERT L. HOUSTON,

Division Administrator.

WASHINGTON, D.C.,

July 31,19,34.

77098*--829-179-31 3 (47)
REPORT TO THE PRESIDENT

The PRESIDENT,

T7c, W hie Ho'iisc.

Si: This is a, report on the Hearing on the Code of Fair Competition for the Merchant and Custom Tailloiing Industry, held in

the Auditorimn of the Department of Commerce, Building, on Saturday, January 27, 193-4. The Code which is attached was presented

by dily (ualified and authorized relpreselntatives of the Industry,

cleaning to repvj)reent seventy-six per cent (76%) of the Industry.

In accorda i1(y wit lthe customary procedul1re, every person who had

filed a r fqost Por an appearance was freely heard in public, and all

stattutory and regulatory requirenents were complied with.

THE INDUSTRY

The Merchant and Custom Tailoring Industry includes the making

of 1n's outer garmients to the individual measurement of the wearer;

all operations are 1 perfomed by hand. The typical worker in the

Industry is called a journeyman tailor. The garilents made in the

Custom Tailoring Industry sell at a unit price between seven and

eight times as great as the unit price of garments made in the Men's

Clothing (Industry. It may therefore be concluded that the products

of the Custon Tailoring Industry are of superior quality and workmanship.

In 1929 the Industry contained 11,284 firms who employed 23,277

workers. In the year 1929 the Inidustry produced about 1,700,000

garments valued at $139,000,000 or about $80.00 each.

The Custom Tailoring Industry is subject to considerable seasonal

variation. Customers buy twice yearly; and as the product is

wholly nimale to order, no stock can be built up out of season. About

laf- the volume of business is contracted in a third of the year.

There are no reliable figures available on the number of hours

worked per week by employees in this Industry. On the basis of

a questionnaire sent out to 473 members of the Industry, it is estimated that there has been a fourteen and three tenths per cent

(14,3/ ) increase in employment due to the President's Reemploy1n1et Agreement.

LABOR L1IoISIoNS OF THE CODE

The Code pirovidcs that no employee may be permitted to work in

(xe()S of thiy-six (3) hours in any one week or eight (8) hours

iin any iweniy-fom (24) hour period, except in an extreme emergen cy, wi cih emllcruency shall be certified in writing by the consunw at thu tin of sale. One aid one third (11,) the normal

rate shall be paid for all extra work above eight (8) hours per day.

(Th)
49

Student apprentices may be eiploved for five (5) hoiirs a olay and

twenty-five (25) hours a week.

The minimum rate of pay for joiirneymen tailors Ahal V -ixtyfive cents (650) an hour in any city of over 10-))( poimlat ion or

in the immediate trade area thereof; sixty cenits (GOn) an hour in

any city between 25,000 and 100.00( population or in the in iate

trade area thereof; and fifty-five cents ( SP) in the reini hder of

the United States.

CONSTrrUTION OF THE CODE AUTIIORITY

The Merchant and Custom Tailoring National Code Authority is

constituted so that equitable representation will be given to all industrial and labor groups. The Code Authority consists of thirteen

(13) voting members distributed as follows:

National Association of Merchant Tailors of America-------------------- 7

Pacific Coast Merchant Tailors Association_ _ _ _ __----------------------- 1

Merchant Tailor Designers Association--------------------------------- 1

Contractors------_ --- _- __-------------------------------- 1

Non-Association Mernhers_-_------------------------------------------- 1

Journeymeni Tailors Union of America---_---------------------------- 1

Labor Advisory Board---------------------------------------------- 1

OTHER PROvISIONS

The fair trade practices are all the general provisions suggested

by the Federal Trade Commission with the exception of a provision

which makes it an unfair trade practice for persons not carrying

a stock of woolens or trimmings to advertise themselves as Merchant

Tailors. However, such persons may advertise themselves as

Custom Tailors.

FIN1)INGS

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 on 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 sanction and supervisions, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of induAries, by

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

agricultural products throne ghi 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 30,000 employees; and is not classified by me as a major industry.
50

(c) The CoJe as approved complies in all respects with the pertinleat })1O rvi( of sail Title of s Vid Act. including without limitation Suhseution (a) of Section 3, Subsection (a) of Section 7, and

Subsection (b) of Se(tionI 10 thereof; and that the applicant associatiwns are imb lietri ass OUti(n truly representative of the aforesaid

Industry; ,n,1 tit said a>soclationis impose no inequitable restricti(ol adi ion tn ]I" n ie1'erShp therein.

(d) The )(4, is 10t dei)t ned to and will not permit monopolies

01' lii)ol)(d i4ic p)In" tices.

(0) ThV 0(de is not d(i-Igned to and will not eliminate or oppress

small (interpr)ise)S 8111 will not, operate to discrimiiate against them.

(f) Those enILO(1 in other steps of the economic process have not

been deprived of the right to be heard prior to approval of said

Code.

For tha-e reion>. this Code of Fair Competition for the Merclhant

and Custoii TRilorig lIdustry has been approved.

Rcep ctfully,

HUGH S. JoHNSON.,

Admi3s,1to.

Jul'y 31, 1934.
CODE OF FAIR COMPETITION FOR TrE MERCHANT

AND CUSTOM T AILORING INDUSTRY

ARTICLE I-PURPos 

To effectuate the policies of Title I of the Naitional Industrial

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

Fair Competition for the Merchant and Custom Tailoring Industry,

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

shall be binding upon every member thereof.

ARTICLE II-I)EFINITIONS

SECTION 1. Industry.--The term "Industry " as used herein means

the making of men's outer garments to the individual measuremients

and specifications of the wearer from patterns especially cut for the

wearer, and the sale thereof direct to the wearer and not for resale,

which garments are cut and designed at the retail establishment of

the member of the Industry and finished by workmen whom such

member of the Industry controls as to details and shaping of each

garment. Every operation performed on the garment shall be

strictly by hand, except for such operations as can be performed by

the use of a plain sewiNgm machine operated by man or electric power.

Pressing may be done either by hand or by machine.

The Industry is not intended to include members of the Men's

Clothing Industry generally known in that Industry by the terms

of " tailors-to-the-trade ", "' wholesale tailors ", or " direct to the

consumer wholesale tailors ", or "special order houses ", but it is

intended to include contractors as defined in Section 2.

SECTION 2. Contvactor.-The term " contractor " as used herein

means anyone who is engaged by a Merchant or Custom Tailor and

who supervises work in his own establishment for the purpose of

performing any of the manufacturing activities of the Industry.

If a contractor makes garments for a Merchant and/or Custom

Tailor, as well as for Clothing Manufacturers, Tailors-to-the-Trade,

Special Order Houses and/'or Wholesale Tailors, such contractor

shall be exempted from the provisions of this Code but only insofar

as and as long as he is subject to the Code of Fair Competition for

the Men's Clothing Industry, provided that such contractor shall

comply with the minimum wage provisions of this Code. If a contractor works solely for Merchant and Custom Tailors, lie will bo

governed by this Code.

SECTION 3. Ab'mbCrs of the Industry.-The term " member of the

Industry " as used herein means anyone, without limitation, engaged

in the Industry, as an employer or on his own behalf or as a contractor.

SECTION 4. Journyieman Tailor.-The term " journeyman tailor

as used herein means anyone who is engaged in the Industry in per-

(51)
52

forming major operations in the making of garments, including the

coat maker, waistcoat maker, trouser maker, breeches maker, try-on

maker and bushelnan.

SECTION 5. Helper.-The term " helper " as used herein means

anyone engaged in the Industry in the performance of minor operations in the making of garments, such as felling, padding, and making buttonholes.

SECTION G. tUdent Appre tice.-The term "student apprentice 

as used herein means any unskilled person not heretofore engaged in

the Industry who has matriculated in or graduated from a duly

accredited trade school for whom a member of the Industry provides

facilities or practical work in connection with his studies. Such

practical training and instruction shall not exceed six months following graduation from a trade school, and there shall be no other employees in this Industry employed as apprentices.

SECTioN 7. ELployee.-The term "employee " as used herein

means anyone eingaed in the Industry in any capacity receiving

coinensati oni for his services, irrespective of the nature or method

of payment of such compensation, except a member of the Industry.

SECTION 8. Ipoyer.-The terii "employer " as used herein

m1ea1s anyone by whom any such employee is compensated or

eipl yed.

>E(7N 9. Ir, 0.t, A(t and the Ad?nln;tvator.-The terms

" President ", "Act ", and "'Administrator " as used herein mean

respectively the iPresident of the United States, Title I of the

National Industrial Recovery Act and the Administrator for Industr~el Recovery.

til'lON 110. Ppla-ioi-Population for the purposes of this Code

be deterinined by reference to the latest Federal Census.

SimoN 11. T'ade Ar.-a.-The term " trade area " as used herein

mhis any a rca des.inated as a trade area by the Code Authority

aid approved )v the Administrator.

ARTIE III--oU Rs OF ElnOYMEN'T

SECT iON 1. 3Ieviin h (/i ..-- No emplOyee shall be permitted to

work in excess of tbirtv-six (,G) hours in any one week or eight

(S) Ih urs in any twenty-o1r (.24) hour period except as herein

(<lhrUwise pnivided.

Except as heriint[ter provided, the hours of libor shall be between

8 :1.!11. to 12 no oI and I p.m. to a p.111., and no SuLday work shall be

allowed.

SECTIoN 2. Members of the Indusitry shall be permfitted to work

c mpi Ioyees overtime at regular rate4 during peak Osel1ns the number

(i h f rS and the 1m1ber of weeks to be determined, subject to the

vpprval of the AdhIiinist rator, through an agreement to be reached

by a cumiuuttee of the Code Authority appointed for this purpose

ad c11nsisting of an HeI 1 n UMber of rcpresentativis of industry

liii labr.

Svrc'o-N 2. 11he lmximoumi of eihlit (8) horis in any twenty-four

(A) h(I'r period shall be permitted to be excQde onlY foi' extreme

<ii merg icy irderS I hi emcrgen(y shall be cerltilied in writing by

the c 0nsmner at the tine of sale; however, inl all such ca-es of enmer-
eCY wor'l"k maXilmlml1 Lwirs per wl sw ,( i't N'(.(ae(l' I. T

and on . thir.d' (11 '1 -1al 1-k J(i )o VI i~ r bor t 

homs p1r da v. If nly Of lh b m renvv wok i: don' ii S)I

all of tiw-e lowIr Iiall 1 W f t the r:t-- 4 t11ime and wne h i.

A (c0mp~lete rpiijr~t 811( the (cln--liler1 5 (rtilfii ol >u1h Ii o

gely and s-lh exc( 1rsilOir- -h be l-U' e to tin' Th MWI ( >

Conniittce. Fti118 e Uo iiky -ih riir i Il (1 l+niW.I a 1-w

tionI Of the provii0 s o t (4 0 0.

SEr 4. N t py y y

ber of the Industry foir a p(i1 in exCfS( f twontv-live (25) hiui

ill 1n Week or ilve (5) hUur1 il 1V tWeniLy- iou (24) h11ir jwiId.

Student a'p prenti e V he employ)eI only Jireti. by a m'mb r

of the Idllu1try anid mnut be pii by -alid mltbO of th\' InU-try.

No mem(billjer Of the Iiuuhitry "11:l1 emply lmlOi thani thir e

apprenlties at any One tilme.

SLC 5ox .. (Alice ihelp, stok eierk, salesmen, delivery 11101, janitors. an( porters shall be emiphved not more than forty-eirlt (48)

hours in11V 011 (ilca ldar week anId not nore than eilit (s) hour

i1 anIly twentv-four (24) hour p*riod.

SECTIoN 6. PIer-ons employed ill an executive or mnanageriaI capacity are exempted froi. the provisions of Section 1. provided( they are

regularly paid n1( less than thirty-five dollars ($35.00) per week.

SECTIoN 7. NO eiployee shall be permitted to work nore than six

(6) days in any one week.

SECIoN 8. Any person includingg contractors) who does the work

commonly performed by emlOyees shall be subject to the provisions

of this Code as to hours of labor.

SECTION 9. No employer shall knovingly permit any employee to

work for any time which, when added to the time spent at work for

another employer or eimp.yi-yers, exceeds the maximum periitted

herein.

SECTION 10. -Nothing contain(d in ie provisions of this Armticl

shall be Construed to replace ((r supersede proviSions in collective

agreements already ill fore with labor organizations that, plrescrib'I

higher rates of pay or shorter hoiirs of work than are pre-crihed

herein.

AiRTICLE I V-WA;GES

SECTIoN 1. The mininum rate of pay for journeyman tailors

shall be:

(a) Sixty-five (G6 ) (cents per lwour in any city of over 100.0u,

population, or in the radI ar a thereof.

(b) Sixty cent: (G(),-) cents per hioir in any city of 25mI ) to less

thanu 100,I population not in-lided in (a). or in the trade area

theveof.

(e) Fifty-five eems (55. ) per hour in other pacee.

,_E(-riNo 2. "w hy-e ffr lb/p , s.-Th1 mililu pny for helpe

"hall be at the rate of forty v(ni (41 ) per hoii.

SE("rHuN 8. II ?'/, -- itS 0" ' C1 /pp;, 0ta-, -.--Tihe minimlun rate of

pay for studeit aiPp1ei h bl he thu tv wnts :3 - ) per hoar- f(nr

lhe fir4t six (G) iOnthi of amphu ii m in the Inl istrY folmr

LIr-adluation from a trade s a hool, after which they shall be rat-d as

ihel' fer>.

579 2U-170----8 2
54

SECTIoN 4. Other Employee3.--No other employee shall be paid

at less than the nite of:

(a) $15.00 per week in any city of over 500,000 population, or in

the trade a rea thereoI.

(b) $14.50 per week in any city of between 250,00 and 500,000

population, jot included il (a), or ill the trade arCa tiereof.

(c) $14.( 0 pe Wvek in 0tler places.

SEC"ioN 8. This AiticleQ est abl'islhs a minimum rate of pay, which

s11ll apy irrempetive of whether an vIIplOyee is actually coilmpenIsated o I tin Il e r1.t1), piecework, or other basis.

SECTION 6). IFelUlie emlipbyees performing substantially the same

work as inale employees shall receive the same rates of pay as male

cmI)lo( yees.

SEiI( N 7. Jliaidi/;'pp(d Pel',wi.m.-A PeCrson whos e earning Cdpacity is linmited cause of age or physical or mental handicap may

be employed on light work at a wage below the minimmuia established

by this Code if the employer obttlins from the State authority designated by the United States DI)epartment of Labor a certificate

authorizing such person's employment at such wages and for such

hours as shall be stated in the certificate. Such authority shall be

guided by the instructions of the United States Department of

Labor in issuing certificates to such persons. Each employer shall

file monthly with the Code Authority a list of all such persons employed by him, sh0wingoZ the wages paid to, and the inaxilmum hours

of work for such employee.

SEcTIoN S. (a) No provisions i this Code shall siiersede existing

rates of pay on ml houi Ly M, plece-work I)Jsis which are higher thaii

those set forth in th Cod(,.

(b) The evvek compen-atl for 111ployment ( whether based

on a piece or time ra) a 4w in (XcUS Of tihe iniumn wages herin

YrOVidedl sI i , 1 i't 1 e 1 r 4iCh n , lb ntw \ithstlandiin1 that the hours of

wvork i an sI cl ilbymnit mav he hereby reduced, anid piece

rates shlil he sii alj usted that earnings at the shorter h(urs provided

in this code slia1 he at least equivalent to tho.e obtained under the

loilger hours heletofr prevailing.

ARTICLE V-( ENEAL LABoU PUovisioNS

SECTION 1. No person under sixteen (16) years of a-e shall be

CIIm played ill the In( listry, nor shahl any person under eighteen (18)

years of age b employed at operations or occupations hazardous

In nature or detriimenta I to health. The Code Authority shall subiit to the Administrator within six months after the effective date

of this Code, a list of such operations or occullations. In any State

aI employer shall be deemel to have complied with the provisions

of this Section if he shall have on file a certificate or permit, duly

Signed by the Authority ill s1h1 St.ate (Ipj)owered to issue employient or age certilicates or perl) ts, sh1oIwing that the employee is

of the age rIequired by this section.

SECTioN 2. mp! vees shall have the rilgit to organize and ba rgain

c(l'e1tively throm gl representatives of their own choosing. mnld shall

be free from I the interference, restrai t, or coercion of employers of

labor, or their agents, in the desigation of such repvesentatives or
55

!n self-organizat ion or in other concerted activities for the pIrpose

of Collective bargain in g or other mn utual ai'd 1r pr )tO(ti 

SETioN 3. No ('ilov)lW(' an(1 1(o one se('kin i em pijl ((ym (,1t :1h all hf

required as a coii(lition of employment to jk'in 011%, '(0)Mi ai n 1iiloll

or to refrain from j()ining, O1rgan1izilng, or aS-iLt1in a libnr :hi:z:mtion of his own clooni1l1.

S-1crN 4. Eniiployers >li all comply with tlle lnaxjlnnin lwi of

labor, 1nimi)itUum rates of piyY and other 01n(i)tiOns Uf emPlOyment,

approved or prescribe! I )v the President.

SEcTI' 'N 5. No provisi n11 ill this Code s-1 ll superse-e any State

or Federal law imposing on employers more strieilt rquireents

as to age of employees, wages, hours of work, or as t( safVty. health,

fire, or general wIirkig cnditions than are imposed by this Codle.

SIXTION 6. Emliployers shall not reclassify em ployees (r duties of

occupations performed by employees or engage in any other subterfuge so as to defeat the purposes of the Act.

SEcTIoN 7. Each employer shall comply with rules and regulations

of the Administrator as to the posting of this Code or portiOns

thereof, and related data.

SECTION 8. ZJomeW Work.-The practice of manufacturing in this

Industry in the home or living quarters of an employee shall be

terninated not later than four (4) months after the effective (late

of the Code: except as provided in the Executive Order of May 15,

1934. In the meantime and until such termination tihe following

rules and regulations shall govern the members of this Industry in.

relation to homNework.

(a) No member of the Industry shall permit 11one w irk in any

home not used by such member for such purpose on the effective

date of the (o(de.

(b) Every nenber of the Industry shall file with the Code

Authority a lit of such home work establish nents.

(c) Every memibcr of the Industry shall be personally respoile

Tor the cmipliaice by an e plyee, working ill his home, with all

the 1i1)(n. provi .( iis (If this (o)de.

S'Fi'ui(-N 9. Saf ty Uwd IL/remployer shall make reaponable provisi(n for the >afety and health of his empiloecs at the

place and durig the hours (if their einploymnt. Standards of

safety and health >hal1 be submitted by the Cmde Authority to the

Administrator within six (6) months after the effective (late of this

Code. Upon approval by the Administrator such standards shall

become operative as a parit of this Code.

SECTION 10. No member of the Industry shall avoid or evade the

labor provisions of this Code by contracting his work to any person

or persons subject to labor provisions less stringent than those provided in this Code.

ARnILE VI-A)MINISTPATNN

To further effectuate the policies of the Act, a National Code

Authority is hereby constituted to cooperate with the Admninistrato

in the administration of this Code.

SECTION 1. Organization and ('ntit;on of Code A uthorify.-.

The Merchant and Custom Tailoring Code Authority shall consist of thirteen (13) members as follows: Seven (7) members to
56

be selected by the Ex('cutive Cmilittee Of tilh National Association

01 111111hant Ti LI. Am1e1ria, to rap.->nt, Ia Z 1 s practicable,

the (I !Lvrn. -t L ion' f the cm t ut I <:t If the 1 wk 'Mount aiis;

010 ( ) 1i(1em to, b ( ect by thQ Ex-clt iVe uComiittee of the

P('1:c C'a-t M e i Tihirs A.oco'tion, to rAplien that sect l f th i m U r r t 1)t11 1 the twelfi (12th Fedelral

lheerv) Ditriivt: e. (1) ImAimber 0 112 b 10 elctLd by 110I the xe 1 tive

ti~ll' (v 1 Ccnmiittee Of ti,, 1_,.c!hant T ,1i- A igner Asoiation uct 05 E(Iiiluji)\ of, _Amer-els

ie: ne(1 mmbr o e ppinted byv tile Adminitrator 't('l repreSouit the it rest Of thaue contlactol >I t y

Of lhIor: (ne (1) lmlibiel to b-e 1p01 n(;llted Iby the AhninIsitrator,

to rlpren(Ilt 1(n-11emberS of tle 1bO-n ld A 0'1ationis;V 0110

(1) 1embuher to he selected bv the getInerl1 Executi LVc rd of the

J oiliYl vall Ta il rs In11 of Anila : II (1) 11 e'1br to be appointedl bY the Adinlist rat(ar on the fOmndtion f the Labor

Advisory Bi1rd of the NatNiII l Reolvr AR11 tr1in Ban d I11 not

more thall three (3) additional members to be appointed by the

Adiiniistrator. in his discretioni. withloult vote, to serve for such

termllis as lie lilav specify.

The teris ot the Indu4stv mebIers of the Code Atiaomitv shall

be one year, or 1liltil the appolintimienit of their sulcessors.

(a) Each asociatlon directly or indirectly participating in the

select ( n orL activities (If the COde Alithoit v shall: (1) impose no

inequitable restrictiolls on ieibership. and (2) suiit to the Admilistrator true copies of its articles of associationn, by-laws, regulations, and any ailelldimlents when lillide thereto. together with such

Jthler illnforilation as to I1m11mber1ship, organization, and activities

a the Adlin Istrator m1lay deei lnece's-sary to eiffctuate the purposes

of the Act.

(b) Ini order that the Code Authorityv shall at all times be truly

represufltative Of the Inldustry 01(d ill Otler respelocts comply with the

provisiOns of the Act, the Amir rm pride such hearin1igs

as l1e 1m V deetmi proper; 111(1 thereafter if lie shall find that the code

Authority is not truly repreentative 01 does not ill other respects

(olmj1ply with the provisions of the Act. may require an appropriate

LIOdI licat I1 IIn the Ilthod of selecti0 of the CIde Authority.

(c) Cw1/,/1 owi//11e.-The Code Authority, S1uibject to the

approval of the Adniiuistrator. shall appoint Ei-onal Coniuiitt-ees

for 11 mjor geographical secti( llsf the cUulltry dcsignlated as follows

One Regjinual 1lllitt e foi. the Easterin section 1empislin the

\CV EL1n01d Mi1 Mbb ole Alinl~c l StatI*. one Lieg oal C'onIlittee

for. the ( trl and Middl- W'I- >e(tion of the Oltry, I.m RegionIal

Conllttoe fori tie' Soitlni'i Siaus, an one Reonal (ommnlttee

for the Wetern part w tr to th T twelfth

Federal crv )"t:- Schrgonconite sh! b c()mp(0d o(f merill'I'n of the Imehiry who, have pla('u. ol f Bu'-. i the

1r..I II WhIch the RcilwI)li 'o11itice i2 to sItVe. :111lbe thle

finl:n of ioe lb'imiai Ctorittee-0 to >e'\ve I1 :ln AdvIso1V cap (l th* (od' AnTry il th' oehinii'r10ion od the C'ode. 1d

to bl 'we woliiistrutive aniL ' of the Code Auilhioritv ill their

e a I i (t 1 1 < . I t d i l Ar t ic e t o f t hi s f o e 

C(gem!! Comm tto_-: to) d(' ri-nle 'or thwir. re':pe-tive regrimons tile

sesjwpakpri(,d1s dkelined Iin Article 111, Section 2 of th's Code,
57

subject to the approval of the Code A tho rity and of thw Admin otrator. The Regional Comimlittee sha have thUw wer to Ippolint

subsidiary or local agl(.encies for the adiniA*14trai]n of the provision.

of this Code, stilject to the app)val of tlie ( od I Aolhe ri')ty.

SEcTi-O1 2. The Code A2t1oity vhail have !h. foliwv;v 0 ui

and powers to the extent plrmiO'l bv the Avt.

(a) G(inerl Po&ers.-The Co1e Authority shail in alitin to

the specific powers herein co1f. Ired, have all 11 jal 'w-r lesary to assist the Administr-ator in the avotinitratliin anlld e1&force--

meut of this Code.

(b) ReportN 1adI Lcni(/dtWnu.- T hU ( U1 A th ity vhall reqiuire from all iniemler> sucli r cprt> as are wirei-- ar ,v to eifectihate the

purposes of flils Code aid tear. tlpoiti its olli tIia'ive or lirein conplaint to it of any person11 affected, make i tive---atlon :ts to tile

ftinctioning of any visions of the Code 80at rep rt the r1(uIts

of such investigation to the Administrator, >ul jert to sitch r'ile and

regulations as may be prescribed by the Adoin-ihI'ator.

(c) The Code Authority shall reqfhire alt lliwteiri' of tilw inidu-trv

to file with it within 30 days aftcr this ('( goe int ethet complete

schedules of their rates of pay to journeyw'n taill i's. helpers, apprentices, and contractors in their' emploY, 'Lind to report promptly to the

Code Authority any changes in such schedules.

(d) ReCem nda.Homs.-The Code Autmhority may from time to

time present to the Administrator reconiendations baNed on conditions in the Industry, which will tend to effectuate the operation of

the provisions of this Code and the policy 1f the Act.

(e) (1) It being found necessary in order to support the administration of thils Code and to maintain the standards of fair competition

established hereunder and to eCfectuate the policy of the Act, the

Codk Authority is authorized:

A. To incui such reasonable obli2aticns as are necessary and

proper for the foregoing purpose, and to meet such obligations out

of funds which may be raised as hereinafter provided and which

shall be held in trist for the puIrpoes of the (ode;

B. To submit to the Administrator for his approval. subject to

such ilotice and opportunity to be beard as lie may deem necary

(1) an itemized budget of its estimated oxpeN)ses tor the foregoing

purposes, and (2) an equitable ba-is upon which the funds necessary to support such budget shall be contributed by meilrs of the

Industry;

C. After such buudgct andi basis of contribution have been approved by the A hnii1istrator, to determine and obtain equitable

contribution a> above set forth by all members of the In(utistrY, and

to that end, if neeesary, to institute legal proceedings therefor in

its own name.

(2) Each meml r of the Indilstry shall pay his or its equitable

contribution to tLe expeise s of the miaintenantice of the Code Authority, determined as hercinabltive provid; I, ani subject to rules

and regulation I pertaining thereto i 1sm 1 y the Adhmiiirator.

Only members of thte Industry complying with tile cole and contribtitgi to the expenses o1 its administrations as hereinnaove proviled, shall be entitled to pa rticipate in the >n (eke't jf imembnixrs

of the Code Authority or to receive the benefits of any of its Vol-
S

untarv Ictivitles or to make u.e of any emblem or insigniia of the

NatiOnal RAlovrV A I m11istrIation.

(3) Ie Co(de Aiithorhy shall neither incur nor pay any obligation i1 excess of the( aimiount thereof as estimated in its approved

budget, exc'q)t upn11 approval of the Administriator; and no subsequenit biidlget sIa contain .-MY defciency item for expenditures in

excess of prior udget estinates except those which the Administrator shall have So approved.

SE-rioxoN ). In addition to the information required to be submnitted 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.

SECTIoN 4. The Code Authority shall have the power under such

rules and regulations as may be established by the Administrator

to receive complaints of violations of this Code, make investigations thereof, provide hearings thereon, and adjust such complaints;

and bring to the attention of the Administrator recommendations

and information relative to unadjusted violations.

SECTIoN 5. The Code Authority shall have the power 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.

SECTIoN 6. The Code Authority, subject to the approval of the

Administrator, shall define and( determine trade areas.

ECTION 7. The Code Authority shall appoint a Coordination

Committee representing the Merchant and Custom Tailoring Code

Authority to meet with a like committee of the Men's Clothing Code

Authority or any other related Code Authority in an endeavor to

adjust any differences of opinion as to jurisdiction or conflicts of

any nature between the various related codes.

SECTON 8. The Code Authority shall appoint a trade practice

committee which shall meet with the trade, practice committees appointed under such other codes as may be related to the Industry

for the purpose of formulating fair trade. practices to govern the

relationships between employers under this code and under such

others to the end that such fair trade practices may be proposed

to the Administrator as amenhments to this Code and such other

codes.

SECTI(N '9. If the Administrator shall determine that any action

of the Code Authority or any agency thereof may be unfair or

unjuist or contrary to the public interest, the Administrator may

require that such action be suspended to afford an opportunity for

investigation of the merits of such action and further consideration

by such Code Authority or agency pending final action which shall

not be effective unless the Administrator approves or unless he shall

fail to disapprove after thirty days' notice to him of intention to

proceed with such action in its original or modified form.
59

AnTIC: VITI-LAmELs

I :-(Vi>1 n of thi CoAll articles manufactmii'l stject t h 1

shall ber an N.R.A.. lab.l or an nu1lhoi'izd >oibtAitote therebo, to

syn'1id)liz' to ltrellar(i ol -i1 aofi l-;1*1 c( Iid1itio)Is lndl' \Vliel'l

thieY liaNVe lbeii iiiaiufatiiireTl

(a) The Code Authiirity shall hav the 'x~isive ri hIt ill this

lldlu 4ry to i , le all"f! fulrnll ~ alid ll to tlle fi'Hl l's il-c4n 

(b) Lail(Al lbel shall bear'I re.i rat :lot, Iilliw r eas-lly ASsigned to each employer by the Code Authimlity and(t remain attached

to stuch Larilenlt wheni -old.

(c) Any and all members of t It(, linT i ! ,may apply to) tle (okl

Authority for a permit to uit, >UIcf N7R.A label. which permit to uthe label shall he Lraneted to themi. hut nily if aid so loig a- they

comply with this Code.

(d) Subject to thie approval of th Admini rator. the Code

Authority shall establih rules and retrulations and appropriate machincry for the issuance of labels ai(l the inspection. examination and

supervision of the practices of members of the Industry u'-ing such

lab 

(e) The charge made for such labels by the Code Authority shall

at all times be subject to the supervision and orders of the Adininistrator and shall be not more thai an amount necessary to cover the

reasonable cost thereof, including the making, distribution and administration. and supervisor of the use thereof as hereinabove set

forth.

ARTICLE VIII-UNFAIR TRADE PRACTICES

The following practices constitute unfair methods of competition

for members of the Industry and are prohibited:

SECTION 1. F(aI. arin or BIrandvin.-The false marking or

branding of any product of the Industry which has the tendency to

mislead or deceive customers or prospective customers, whether as

to the grade, quality. quantity, substance, character, nature, origin,

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

otherwise.

SECTIoN 2. isreprescntation or False or JhSleading/ Adertiihy.--The making or causing or knowingly permitting to be made

or published any false, materially inaccurate, or deceptive statement

by way of advertisement or otherwise, whether concerning the rrade,

quality, quantity, substance, character, nature, origin, size, finish,

or preparation of any pro(dluct of the Industry, or the credit terms,

values, policies, or sc-rvices of any member of the Indutry or

otherwise, having the tendency or capacity to mislead or deeI Ye (to merVS or prospQctive customers. (1) The use of the

term - Merchant Tailr inI ayll advertising. window sign or

dispay. by any mtembh of 'he Industry who does not carry a stot'k

of woolens Or' timmines on his premises shall be deemed misleading anmd deceptive advertising. This provision is not. however. designed to restrict or hi mder any Custom Tailor from advertising

himself as a Custom Tailor where no stock of woolens or trinummns

is ca rried on the prmmi ss, nor to limit a Merchant Tailor as herein
60

defined, from advertising himself as a Merchant or Custom Tailor or

both.

SECTION 3. Coma7ncrcia Brib ry.-The gi vini, 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 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.

SECTION 4. In tieijrec ce with Contractual ]elations.-MaliCiously

inducin g or attempting to induce the breach of an existing oral or

written contract between a competitor and his customer or source of

supply, or interfering with or obstructing the performance of any

such contractual duties or services.

SECTION 5. The hiring away of an employee of a competitor without first permitting that employee a reasonable time to complete the

work upon which he was engaged.

SECTION 6. Secret Rebates.-The secret payment or allowance 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 services or privileges not extended to all purchasers on like terms and conditions.

SECTION 7.-The offering or giving of prizes, premiums, or gifts

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

in ways which involve chance, lottery, misrepresentation, or fraud,

or the advertising of free pressing service.

SECTION 8. Defamation.-The defamation of competitors by falsely

imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations,

or by the false disparagement of the grade or quality of their goods.

SECTION 9. Threats of Litigation.-The publishing or circularizing

of threats of suits for infringements of patents or trade-marks or

of any other legal proceedings not in good faith, with the tendency

or effect of harassing competitors or intimidating their customers.

SECTION 10. Espionage of Competitors.-Securing confidential information concerning the business of a competitor by a false or misleading statement or representation, by a false impersonation of one

in authority, by bribery, or by any other unfair method.

SECTION 11. Making special or temporary wage agreements with

employees below the prevailing scale for the purpose of offering

special price inducements.

ARTICLE IX-MODIFICATION

SECTION 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 Act, from time to

time to cancel or modify any order, approval, license, rule or regulation issued under said Act.
61

SECTIox 2. This Code, except as to provisions reql( ired bY the Act,

nay be imodified on the ba i> 4 (Nxperwioee or chng11 Ls ill circtm5tan>. su1ich imodification- to b) baed up:,n applicat tion to the Admnini-trator and such notice and he8 rfin12 as lie shall >peci y, and to

becomec effective on approval of the A(]dmllinistrator.

ARTICLE: X-Mo N( 41~ ELIIr.L 

No provision of this Code shall be >o applied a- to permit monopolies or l(onopoli:tic practices, or to elilmiiinate. Ippress, or d criminate against sinall enterprises.

A-RHiCLE XI-PIUCE INASES

Whereas the policy of the Act to increase real purchasingf power

will be made impossible of consummation if prices of good> 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

seller's costs.

ARTICLE XII-EFFCTIvE DATE

This Code shall become effective ten days after its approval by

the Administrator.

Approved Code NO. 494.

Registry No. 272-2-05.

0
4

4

UNIVERSIT

3 1262 0