UNIVERSITY OF FLORIDA

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NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

COTTON CLOTH GLOVE

INDUSTRY

AS SUBMITTED ON AUGUST 4, 1933

REGISTRY No. 235-1-01

The Code for the Cotton Cloth Glove Industry in its present form merely

reflects the proposal of the above-mentioned industry, and none of

the provisions contained therein are to be regarded as having

received the approval of the National Recovery

Administration as applying to this industry

MEMBER

R

U.S.

WE 00 OUR P T

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1933

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CODE OF FAIR COMPETITION OF THE COTTON CLOTH

GLOVE INDUSTRY

ARTICLE I-PURPOSE

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are submitted as a Code of Fair

Competition for the cotton cloth glove industry, and upon acceptance by the President shall be the standard of fair competition for

this industry.

ARTICLE II-DEFINITIONS

A. "Work Gloves" as used herein is defined to include canton

flannel, jersey, and leather combination work gloves and mittens.

B. "Person" as used herein includes any individual, firm, partnership, or corporation.

C. "Manufacturer" or "Employer" as used herein includes any

individual, firm, partnership, or corporation manufacturing any or

all types of work gloves and selling the same.

D. "Association" as used herein refers to the National Association of Cotton Cloth Glove Manufacturers.

E. "Commissioner" as used herein refers to the Commissioner of

the National Association of Cotton Cloth Glove Manufacturers.

F. "Industry" as used herein includes the making, manufacturing,

or producing and the selling of canton flannel, jersey, and leather

combination work gloves and mittens.

ARTICLE III-EMPLOYMENT

A. Child Labor.-Persons in the industry shall not employ anyone

under 16 years of age.

B. Wages and Hours.-Employers shall comply with the maximum

hours of labor and minimum rates of pay provided for herein. The

approved "Maximum Hours of Labor" and "Minimum Rates

of Pay" currently in effect hereunder are attached hereto as

Schedule U. . C. Working Conditions.-No employer shall maintain in his plant

standards of health and sanitation, maximum machine load of employees or other conditions relating to employment lower than the

standards approved and prescribed for the industry by the President

of the United States.

D. General Regulations.-All manufacturers shall comply with the

following specific provisions of Section 7 (a) of the National Industrial Recovery Act:

(a) That 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.

8139-22 (1)
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(b) That no employee and no one seeking employment shall be

required as a condition of eniployment to join any company union or

to refrain from joining, organizing, or assisting a labor organization of

his own choosing and

(c) That employers shall comply with the maximum hours of

labor, imininium rates of pay, and other conditions of empolyment, approved or prescribed by the President.

ARTICLE IV-MONTHLY REPORTS

With a view of keeping the President informed as to the observance

of this Code and as to whether this industry is taking appropriate

steps to effectuate the policy of the National Industrial Recovery

Act, each person engaged in the cotton cloth or work glove industry

shall furnish, monthly, duly certified reports in substance as follows

and in such form as may hereafter be provided:

A. Wages and Hours of Labor.-Reports showing number of persons

employed, wage rates in effect, and hours worked during the preceding

month in his plant or plants.

B. Production, Stocks, and Orders.-Reports showing the numbers, in dozens, of canton flannel, jersey, and leather combination work

gloves and mittens produced the preceding month. Also total dozens

of gloves, by classification, on hand; unfilled orders in dozens by

clsssification; and any other information that may be required.

C. Learners and "Sub.tandard" Employees.-(1) Reports showing

the names of all persons presently employed as learners, together

with the date they entered the employ of said manufacturer, as well

as the names of all persons hereafter employed as learners, showing

the date such persons were employed.

(2) Reports showing the names of all persons presently employed

carried on the payrolls as "substandard" employees.

D. The National Association of Cotton Cloth Glove Manufacturers

is constituted the agency to collect and receive such reports.

ARTICLE V-UNFAIR TRADE PRACTICES

A. Discrimination.-It shall constitute unfair competition for a

manufacturer to discriminate in prices, terms, discounts, allowances,

guarantees, or in any other way between purchasers of the same class;

provided, however, that nothing in this Code shall be construed to

prevent any manufacturer from selecting his own customers in bona

lide transactions.

B. Secret Rebaes.-Intentionally withholding from, or deliberately

inserting in the invoice, or other sales documents, facts which make

said documents false records, wholly or in part, of the transaction

represented on the face thereof, and/or the payment or allowance of

rebates, refunds, credits, unearned discounts whether in the form of

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

or privileges not extended to all purchasers of the same class under

like terms and conditions, constitutes unfair competition.

C. Inducing Breach of Contract.-Inducing or attempting to induce

the breach of a contract between a competitor and his customer during

the term of such contract, constitutes unfair competition.
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D. Repudiation of Contracts.-Repudiation of accepted orders and

other contracts, or their attempted cancellation except for legal cause

or by mutual consent, constitutes unfair competition.

E. Misrepresentation.-Advertising, selling, or offering to sell any

product with the intent to or effect of deceiving purchasers or prospective purchasers as to the quantity, quality, grade, or substance of

such product shall constitute unfair competition.

F. Snbslitution.-Shipping or delivering gloves which do not conform to the samples submitted and/or which (1o not conform to the

representations made prior to securing the order, constitutes unfair

competition.

G. False Statenents.-The making of false statements with respect

to a competitor's prices, products, policies or practices shall constitute

unfair competition.

H. Commercial Bribery.-To give, or permit to be given, or to offer

to give, directly or indirectly, money or anything of value to agents,

employees, or representatives, of purchasers or prospective purchasers

for the purpose of influencing their employers or principals or prospective employers or principals to purchase from the profferor or to

refrain from purchasing from competitors of the profferor, shall

constitute unfair competition.

I. Concessions.-Allowing or offering to allow commissions, allowances, rebates, extra discounts, premiums, or concessions of any

character to any customer or any individual or organization representing or acting for customers or groups of customers, constitutes

unfair competition.

J. Commissions.-Allowing a commission or extra discount or a

concession in price to a jobber or retailer on his own purchases because

he acts as a salesman or manufacturer's agent for the sale of gloves

to others if said jobber or retailer receives a salary and/or a commission, constitutes unfair competition.

K. Pirating.-Copying the styles, names, numbers, and/or patterns

originated by a competitor and selling such gloves below the published

prices of the originator, constitutes unfair competition.

ARTICLE VI-MARKETING POLICIES

A. Invoice,>.-All sales shall be invoiced at the time of shipment and

such invoices shall clearly and accurately state all the essential elements of the sale. Copies of invoices, together with credit memoranda and all other sales documents shall be filed with the commissioner as and when directed by the Association, and, in the event of

a complaint, sworn copies of invoices, credit memoranda and all

other sales documents shall be sent immediately to the commissioner

upon his request. Failure to comply with any of the provisions of this

rule shall constitute unfair competition.

B. Defective Products.-It shall constitute unfair competition for a

manufacturer to allow credit for claims or deductions until the facts

of such claims or deductions have been established by an authorized

representative of the manufacturer or the merchandise against which

the claims have been made as being defective has been returned to

the manufacturer.

C. Consignments.-It shall constitute unfair competition for any

manufacturer to consign stocks of gloves to wholesalers, retailers
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and/or others. All consigned stocks in existence at the time this Code

becomes effective shall be entirely liquidated as soon as practicable

and within a period not to exceed 90 days therefrom or at the expiration of contracts existing on that date which by their terms cannot

be terminated within 90 days, copies of all such contracts shall be

filed with the commissioner of the Association.

D. 11arehousing.-It shall constitute unfair competition for any manufacturer to warehouse gloves for the account of any one

purcha ser.

E. Samples.-It shall constitute unfair competition for any manufacturer to send samples of gloves to any wholesaler at the wholesaler's request without making the proper charge therefor. Used

samples shall not be returned for credit.

F. Classification of Customers.-Customers shall be classified as

wholesalers, retailers, and consumers according to the position in the

distributive process which they occupy respectively, and deviations

from such classification in the establishment or quotation of prices, discounts, credit terms, allowances or other conditions of sale shall

constitute unfair competition.

For the purposes of this Code, a "Wholesaler" is defined as an

individual, partnership, or corporation who has a proper investment

in his business, who buys in bulk quantities, who maintains a sufficiently complete stock of gloves to meet all normal requirements, and

whose major business is selling to retailers.

A "Retailer" is defined as an individual, partnership, or corporation

who has a proper investment in his business, who buys in bulk quantities, who maintains a sufficiently complete stock of gloves to meet

normal requirements, and whose major business is selling to consumers.

All other purchasers or prospective purchasers are defined as consumers. Any of the above classes may be further subdivided on the

basis of volume of purchases or any other valid distinction.

ARTICLE VII-CONDITIONS AND TERMS OF SALE

A. Selling below Cost.-It shall constitute unfair competition for any

manufacturer to sell his product (except discontinued lines or closeouts) below a reasonable standard cost of producing and marketing

same.

B. Terms of Sale.-It shall constitute unfair competition for any

manufacturer to sell his products on any basis more favorable than

the terms, discounts, allowances, and conditions provided herein.

The approved terms, discounts, allowances, and conditions currently

in effect hereunder from time to time are attached hereto as

Schedule "W."

C. Published Prices.-Each manufacturer shall publish his prices

applicable to that class or subclass of purchasers to whom he sells for

the various types of products, including in such price lists or in supplementary writings, copies of which shall be filed with the commissioner, all of his conditions of sale. It shall constitute unfair competition for any manufacturer to sell his products (except on discontinued

lines or close-outs) to anyone for any purpose at any prices or on any

terms or conditions other than those indicated in his published

price lists.

This rule shall be construed in the light of and be subject to Section

A of Article VII.
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D. Close-outs.-Discontinued lines, distress merchandise, or closeouts may be sold by any manufacturer at less than his published

prices provided such merchandise is acknowledged by the comnissioner of the Association to be distress merchandise and shall be

disposed of subject to the commissioner's approval. Invoices for

such sales shall clearly be marked "Special Prices on Account of

Close-outs."

E. Bundles or Cartons.--There shall be no price differential for

gloves shipped in bundles as against those shipped in cartons. Where

gloves are packed in less than dozen packages, whether in bundles or

cartons, a charge of two cents per dozen shall be made to cover this

extra labor.

F. Printing.-Where manufacturers are requested by wholesalers

to print the name or brand of their (wholesaler) customers on gloves, the manufacturer shall make a minimum charge of $1.25 for any

quantity of fifty dozen or less and on fifty-one dozen or more the

printing charge shall be two and a half cents per dozen. There shall

also be a charge made for all cuts and electros.

G. Quotations.-Basing quotations of weights for cotton cloth

gloves on other than thirty-three to thirty-four inch flannels constitutes unfair competition.

ARTICLE VIII-ExisTING CONTRACTS

Where the costs of executing contracts entered into in the work

glove industry prior to the presentation to Congress of the National

Industrial Recovery Act are increased by the application of the

provisions of that Act to the industry, it is equitable and promotive

of the purposes of the Act that appropriate adjustments of such

contracts to reflect such increased costs be arrived at by arbitral

proceedings or otherwise, and the Code Authority, the applicant for

this Code, is constituted an agency to assist in effecting such adjustments.

ARTICLE IX-ADMINISTRATION AND ENFORCEMENT

A. Presidential Control.-This Code and all the provisions thereof

are expressly made subject to the right of the President, in accordance

with the provision of Clause 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 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.

B. Monopolies. -No provisions of this Code shall be interpreted

or applied in such a manner as to1. Promote monopolies,

2. Permit or encourage unfair competition,

3. Eliminate or oppress small enterprises, or

4. Discriminate against small enterprises.

C. Representation.-There shall be an Emergency National Committee of the National Association of Cotton Cloth Glove Manufacturers consisting of twelve members which shall be appointed by the

President of the Association. Only one representative from any one
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Comipany or Corporation shall be appointed on the Emergency

National Conimittee. (A subsidiary, or any company in which another

Company is financially interested, is considered a part of the parent

Company.)

D. A Code Authority for the cotton cloth glove industry shall be

established for the purpose of administering this Code. The Code

Authority shall be constituted as follows:

(1) The Emergency National Committee shall select 5 members.

(2) The Administrator shall select 2 members (one representative

of labor, and one of the consumers' interests).

The Code Authority shall have such powers under it as are provided

herein and may be delegated from time to time by the Administrator.

E. The Emergency National Committee may establish divisions of

the industry and the Code Authority shall appoint appropriate subcommittees for the administration of this code in each division.

F. The Code Authority from time to time shall make such recommendations to the Administrator, including amendments to the Code

as in their judgment shall aid the effective administration of the Code,

and which may be necessary to effectuate the purpose of Title I of the

National Industrial Recovery Act. The Code Authority may consider proposals of the industry to amend the code, or may initiate

such aiendmilents, and these amendments shall become effective as

provisions of this Code when approved by the President.

G. The Code Authority may investigate, or cause to be investigated

on its own initiative or on complaint filed with it, any violation of this

code by any person in the industry. The Code Authority may

provide a procedure for conducting hearings and shall grant to all

persons interested in the subject matter of any investigation or complaint, a fair and reasonable opportunity to appear and be heard.

After an investigation or hearing, the Code Authority shall present a

written report to the Administrator which shall include findings of

fact and its recommendations.

ARTICLE X-EFFECTIVE DATE

This Code shall become effective on the 2nd Monday after it is

approved by the President of the Unitd States.

ARTICLE XI-SEPARABILITY CLAUSE

If any provision of this Code, or the application thereof to any

person or circumstances, is held invalid, the remainder of the code,

and the application of such provision to other persons or circumstances, shall not be affected thereby.

In witness of our approval of the foregoing Code, we hereunder set

our hands and seals as of this ------ day of --------------- A. D.

1933.

Attest: -- (Name of Company)

.._----- --- - _B y

(Secretary)

[CORPORATE SEAL] ------

(Title)
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SCHEDULE U

MAXIMUM HOURS AND MINIMUM WAGES

Referred to in Section B, Article III, shall be as follows:

MAXIMUM HOURS

No employer shall employ any person for more than five days of

eight hours each per week, or a total of 40 hours per week, with the

exception of from July 1 to November 1 there shall be a 10% tolerance,

but the average for any calendar year shall not exceed 40 hours per

week.

The following employees are excepted from the foregoing:

1. Persons in a managerial, executive, or supervisory capacity in

office or factory who receive compensation of $35 per week or more,

together with their immediate assistants and secretaries; all such

persons to be listed with the commissioner.

2. Employees on emergency, maintenance and repair work, watchmen, outside salesmen, and truckmen; such workers shall be paid at

least time and one third for hours worked in excess of the maximum.

MINIMUM WAGES

No employer shall pay any worker less than the following rates of

compensation, except learners for a learning period of 24 weeks, during

which period learners shall receive the regular piecework rates currently in effect, with a guarantee of $6 per week, and presently

employed "substandard" workers, who shall receive the regular

piecework rates currently in effect. The number of "substandard"

employees employed in any plant shall not exceed at any time more

than 10% of the total number of employees of that particular plant

and their names, together with the names of all learners, shall be

recorded with the commissioner. (See Article IV, Section C.)

Factory or Mechanical IVorkers or Artisans

Skilled male glove workers (scrap-leather cutters are classed as unskilled Per hour

help)------------------------------------------------------- $0.40

Skilled female glove workers -------------------------------------- . 322

Unskilled workers ------------------------------------------------ .30

Office Employees Per week

Men and women over 21 years of age---------------------------------- $15

Boys and girls under 21 years of age ----------------------------------- 12

SCHEDULE W

Referred to in Section C, Article VIII, for the cotton cloth glove

industry, shall be as follows:

TERMS

Terms, Manufacturer to 14holesaler.-Terms from manufacturer to

wholesaler shall be 2% cash discount twenty days, with net of forty

days from date of shipment. No more favorable terms shall be

given or allowed except after June 15th at the manufacturer's option

and to facilitate shipments during the heavy delivery season, invoices may be dated as September first with 2% twenty days, forty

days net.
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Terms, Manufacturer to Retailer.-Terms from manufacturer to

retailer shall be 2% cash discount ten days, with net of thirty days

from date of shipment. No more favorable terms shall be given or

allowed except gloves for fall delivery may, after June 1st, at the

manufacturer's option and to facilitate shipments during the heavy

delivery season, be invoiced as of October first with 2% ten days, thirty days net.

FREIGHT ALLOWANCES

A. Freight Ship ments.-Freight charges shall not be allowed on

any shipment or drop shipment to any purchaser or consignee on

less than one hundred pounds nor shall there be any concession nor

allowance of any sort in lieu thereof.

B. Express Shipments.-On gloves shipped by express (regardless

of weight) the manufacturer may allow only the equivalent of freight

charges to any purchaser.

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