Approved Code No. 15-Amendment No. 1 Registry No . .216-1-06 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

MEN'S CLOTHING INDUSTRY 

AS APPROVED ON DECEMBER 15, 1933 

BY 

PRESIDENT ROOSEVELT 

'WE DO OUR PARf 

1. Executive Order 

2. Letter of Transmittal 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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(II) 
Approved Code No. 15-Arnendment No. 1 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

MEN'S CLOTHING INDUSTRY 

As Approved on December 15, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

An application having been made by the Men's Clothing Code Authority pursuant to and in full compliance with the provisions of 

Title I of the National Industrial Recovery Act, approved June 16, 

1933, and pursuant to Section 6 of Article XIII of the Code, for 

amendment of the Code of Fair Competition for the Men's Clothing 

Industry as heretofore approved by me on August 26, 1933, and for 

the modification of my approval of said Code of Fair Competition 

accordingly, and the Administrator having recommended the granting of such approval, such proposed amendments to be in accordance with the following proposals: 

A. That there be added to Article III of the Code, a new paragraph as follows: 

"For a period of three (3) months after December 11, 1933, any 

employer affected by Article III 0£ the Code may engage learners 

to supplant home workers, who shall be paid not less than seventy 

percent (70%) of the minimum wage provided in the Code; provided, that no employ:ee shall be classified as a learner £or longer 

than the first eight (8) weeks of his employment in the industry, 

and, provided further, that if any learner working on a piecework 

operation, earns more, he shall receive what he earns." 

B. That the following be added to Article IV of aid Code : 

"Employers shall po t such portions of this Code and in such 

manner as may be prescribed by the Code Authority." 

C. That there be added to the second paragraph of Article X of 

said Code the following: 

" Top coats, spring season, April 15. 

" Top coats, fall season, November 15. 

27647°-296-12-33 (1) 
2 

"Top coats are defined to be garments made of fabrics of twentytwo (22) oz. or less in weight per yard of fifty-sixth ( 56) inches in 

width." 

D. That there be added to Article II of said Code a new paragraph 

(g) as follows: 

"Persons whose earning capacity is limited because of physical or 

mental handicap, may be employed at a wage below the minim11m 

established by this Code, provided-

( 1) That they shall be paid prpportionately no less than the otl1cr 

employees 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. 

(2) That the proportion of such excepted persons to the tobl 

number of employees in any plant shall not at any time exceed five 

percent ( 5%). 

(3) The Code Authority shall have the right to investigate and 

disallow any claims for exemption. The decision of the Cone 

Authority shall be final and the employer shall comply therewith, 

unless and until the Administrator shall upon appeal by an employer 

or employee, disapprove the decision of the Code Authority. 

( 4) That where it has been the custom of an employer to maintain 

a proportion of such employees in excess o:f five percent ( 5%) of the 

total number of employees in his plant, the Code Authority may, 

upon application and proof, allow the employer to employ more than 

five percent ( 5%) of excepted persons, subject to these provisions. 

( 5) That on or before the tenth (10th) day of each month, the 

employer shall prepare and transmit to the Code Authority a list 

for the preceding month of such excepted persons, stating names, 

class of occupation, wage rating, length of service, and reasons for 

exce1;1tion. 

( 6) These exceptions shall not be used by employers as a device to 

evade the provisions of this Code. 

"(7) The Code Authority shall report to the Administrator within 

three (3) months, and from time to time thereafter, as to the ·effect 

of these provisions, both generally and in cases of individual hardship, so that the Administrator may determine, in his discretion, 

whether or not the provisions of this amendment shall be continued 

or changed." 

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 approve the granting of the aforesaid applications, 

and do order that the final approval of the Code of Fair Com-petition 

for the Men's Clothing Industry contained in my Executive Order, 

dated August 26, 1933, be and it is hereby modified to the foregoing 

effect. 

Approval recommended: 

HuoH S. JoHNsoN, 

Administrator. 

THE WHITE HousE, 

December 15, 1933. 

FRANKLIN D. ROOSEVELT. 
DECEMBER 12, 1933. 

The PRESIDENT, 

The White House. 

Sm: The Code Authority of the Men's Clothing Industry has 

applied :for certain amendments to the Code o:f Fair Competition 

for the ~fen's Clothing Industry, approved August 26, 1933. 

Article III o:f the Code provides that three ( 3) months a:fter the 

effective date no manufacturer shall have work done or labor performed on any garment or part thereof in the home o:f a worker. 

HmYever, in view o:f the :fact that a substantial part o:f certain 

operations has been performed in homes in the New York, Philadelphia, and some other clothing centers, it is agreed by most members 

of the Industry that there is not a sufficient supply of skilled factory workers to absorb the work previously done in the home. 

In order that learners may be employed on these tasks, the Code 

Authority recommends that the Code be amended to allow members of the Industry to employ learners at wages less than the 

minimum provided in the Code, for a period not to exceed three (3) 

months :from December 11, 1933. 

Many codes which you have approved contain a provision that 

certain portions of the Code be _posted in factories for the information of employees. The ~/[en's Clothing Code, as approved, contains 

no such provision, and the Code Authority has recommenged that 

it will be of substantial assistance in the enforcement of the Code 

to amend the Code by adding a provision for posting. 

The Code Authority unanimously recommends that Article X o:f 

the Code, which fixes the date for seasonal sales for cleadng surplus merchandise, be amended to provide dates for the clearance of 

topcoats in the Spring and Fall seasons. 

The Code Authority unanimously recommends the approval of a. 

provision which would allow the employment of substandard or 

handicapped workers at a wage below the minimum provided in the 

Code, but in no event less than seventy percent (70% ) thereof, and 

with a proviso that such excepted workers shall not exceed fi, ~ 

percent ( 5%) of the total number of employees in any plant, unless 

good cause to the contrary can be shown, and the employer obtains 

the prior approval of the Code Authority. The recommendation o-f 

the Code Authority contains a provision for periodic reports J_;y 

members of the Industry working under the exceptions and for 

reports by the Code Authority as to the working of the requested 

amendment. 

The Administrator recommends the approval of all the foregoi ug 

proposals. 

Respectfully, 

Approved Code No. 15-Amendment No. 1. 

Registry No. 216-1-06. 

(3) 

0 

HUGH s. JOHNSON' 

Administrator. 


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