v

Registry No. 1661-1-01

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

UMBRELLA INDUSTRY

AS APPROVED ON OCTOBER 9, 1933

BY

PRESIDENT ROOSEVELT

11, MEMBER

WE DO OUR PART

1 Irder

2. Letter d- Tr ns4tal

3. Text-ofCode

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1933

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 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.: 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.: 1028 Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

Louisvilbk. Ky.: Room 405, 421 West Market Street.

Memphis, Tenn.: 266 South Water Street.

Minneapolis, Minn.: 213 Federal Building.

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

New Yoik, N.Y.: 734 Customhouse.

Norfolk, Va.: 406 East Plume Street.

Philadelphia, Pa.: Room 812, 20 South Fifteenth Street.

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.: 1406 Vance Building.

SUBMITTED BY

NATIONAL UMBRELLA MANUFACTURERS' ASSOCIATION

(U)
EXECUTIVE ORDER

CODE OF FAIR COMPETITION UMBRELLA MANUFACTURING INDUSTRY

An application having been duly made, pursuant to and in full

compliance with the provisons of title I of the National Industrial

Recovery Act, approved June 16, 1933, for my approval of a Code

of Fair Competition for the Umbrella Manufacturing Industry, and

hearings having been held thereon and the Administrator having

rendered his report containing an analysis of the said Code of Fair

Competition together with his recommendations and findings with

respect thereto, and the Administrator having found that the said

Code of Fair Competition complies in all respects with the pertinent

provisions of title I of said act and that the requirements o.f clauses

(1) and (2) of subsection (a) of section 3 of the said act have

been met:

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 adopt and approve the report, recommendations and

findings of the Administrator and do order that the Said Code of

Fair Competition be and is hereby approved, subject to the following conditions:

(1) To effectuate further the policies of the act, a Planning and

Fair Practice Agency for the Umbrella Manufacturing Agency be

created to cooperate with the Administrator, which Agency shall

consist of the thirteen members of the Executive -Committee, approved by the Administrator, and three members without vote

appointed by the Administrator.

FRANKLIN D. ROOSEVELT.

TilE WHITE HOUSE,

October 9, 1933.

Approval recommended:

HUGH S. JOHNSON,

Administrator.

150890 -133-200-33 (I)
OCTOBER 4, 1933.

The PRESIDENT,

The Vhite House.

MY DEAR MR. PRESIDENT: I have the honor to submit and recommend for your approval, the Code of Fair Competition for the

Umbrella Manufacturing Industry.

An analysis of the provisions of the Code has been made by the

Administrator. So far as can be judged in advance of actual operation the Code as it stands is in the main equitable and adequate.

I find that the Code complies with the requirements of clauses 1 and

2, subsection (a) of section 3 of the National Industrial Recovery

Act.

Respectfully submitted.

HUGH S. JOHNSON,

Administrator.

(IV)
CODE OF FAIR COMPETITION FOR THE UMBRELLA

MANUFACTURING INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policies of Title 1 of the National Industrial

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

Fair Competition for the Umbrella Manufacturing Industry, and,

upon approval by the President, shall be the standard of fair competition for this industry.

ARTICLE II-DEFINITIONs

Whenever used in this Code, the terms hereinafter in this Article

set forth shall, unless the context otherwise clearly indicates, have

the respective meanings set forth in this article. The definition of

any such term in the singular shall apply to the uso of such term in

the plural and vice versa.

The term " The Industry " means and includes the business of

manufacturing umbrellas, para ,ol?, and covers thereof.

The term " Member of the Industry " means and includes any

person, firm, trust, corporation, or association engaged wholly or

in part in the business of manufacturing umbrellas, parasols, and

covers thereof.

The term "Association " means the National Association of Umbrella Manufacturers, Inc., a New York membership corporation.

The term " Employee " as used herein includes any person engaged

in any phase of the Industry in any capacity, irrespective of the

method of the payment of such person's wages.

The term " Effective Date of the Code " wherever used herein

means the first Monday after the date on which the Code shall have

been approved by the President pursuant to the National Industrial

Recovery Act.

ARTICLE III-HOURS

1. No employer shall employ any employee more than five (5)

days in any one week or in excess of forty (40) hours per week, or

in excess of eight (8) hours in any one day. The provisions of this

section shall apply to salesmen, officers, and directors of manufacturing corporations, partners in, or individual owners of, manufacturing plants, when such designated persons are engaged in the actual

manufacture of products in the industry.

(a) The maximum hours fixed in Section 1 shall not apply (1) to

employees in a managerial or executive capacity, who now receive

more than thirty-five dollars ($35.00) per week, nor (2) to outside

salesmen who devote their entire time to selling.

(1)
2

(b) The maxinini hours per day fixed in Section 1 shall not apply

to enployees engaged in emergency repair work, and in no case shall

eiplovees, so engaged in such work, exceed the total of sixteen (16)

hours work in two successive days. Time and one third shall be

paid for all hours in excess of eight (8) in any one day.

(c) The maximum hours fixed in Section 1 shall not apply to

watchmen who shall work not to exceed a total of eighty-four (84)

hours in any 2-week period, same to consist of three 12-hour shifts

in one week and four 12-hour shifts in the succeeding week.

2. To further effectuate the policies of the National Industrial Recovery Act manufacturers of umbrellas shall not work more than

one shift of employees on the basis of hours and schedule of pay

herein outlined. In the event it becomes necessary to work more

than one shift, application for amendment to this provision shall be

made to the Planning and Fair Practice Agency herein established

who shall, after proper investigation, petition the Administrator for

a ruling on the point in question.

ARTicLE I--WAGES

1. The minimum hourly wages that shall be paid by any employer

to any employee in Metropolitan New York, which is hereby interpreted to mean an area within fifty (50) miles of Times Square,

New York City, shall be at the following rates: cutters sixty-five

cents (65') ; operators forty-two and a half cents (42%/) ; tippers

forty cents (40') ; and examiners, finishers, inounters, steamers, and

shippers thirty-five cents (350).

(a) Outside of Metropolitan New York, as defined in the precding paragraph, the minnmmn hourly wages that shall be paid by

any employer to any employee shall be at the following rates: cutters

sixty cents (600) ; operators forty cents (400) ; tippers thirty-seven

and a half cents (37%#) ; and examiners, finishers, counters, steamers, and shippers thirty-two and a half cents (32120).

(b) Except as hereinbefore provided, the minimum wages that

shall be paid to any employee of this Industry shall be at the rate of

fourteen dollars ($14.00) per week in Metropolitan New York, as

hereinbefore defined, and thirteen dollars ($13.00) per week outside

of Metropolitan New York, as hereinbefore defined, except as follows:

2. Learners, who are hereby defined to be persons having less than

six (6) weeks of experience in the Umbrella Manufacturing Industry, may be paid eighty percent (80%) of the wages hereinbefore

provided to be paid for each separate and general classification hereinbefore set forth; provided, however, that the number of learners

during any calendar month shall not exceed five percent (5%) of the

total numher of employees.

3. Where, because of infirmities due to age, it is not possible for

an employee working on a piecework basis to earn the hourly rates

herein provide(, the Planning and Fair Practice Agency may, with

the approval of the Administrator, permit such employees to continue in employment at a minimum rate of not less than eight dollars

($8.00) per week; provided, however, that they shall be paid the

same rate per piece as other workers. Such employees shall not, in

any case, exceed more than five percent (5%) of the total number of
3

employees regularly employed. Any employer having such infirm

employees in his employ shall, in his petition to the Planning and

Fair Practice Agency, set forth the length of time which said person

has been in his employ, the amount of wages earned per week during the preceding six (6) months, the age of the person, the sex, the

kind of work performed, the hours worked, and the infirmity which

prevents earning the minim urn wage. This provision shall apply

only to those now in the employ of the Member of the Industry who

petitions for the continuance of their employment and who had said

employees in his employ on or before July 15, 1933.

4. To avoid frustration of the wage provisions of this Code, by

changing from hour to piece work or other rates, it is hereby provided that the minimum wage provisions in this Code establish a

guaranteed minimum rate of pay per hour of employment, regardless of whether the employees' compensation is otherwise based on

a time rate, piecework, or other basis of performance.

5. The weekly compensation for employment now in excess of

the minimum wages hereby agreed to (notwithstanding that the

hours of work in any such employment may be hereby reduced)

shall not be reduced, and it is hereby declared to be the policy of

the Industry to increase such pay for such employment by an

equitable readjustment of all pay schedules. It shall be the function of the Planning and Fair Practice Agency provided for in

Article VII, Section 2 of the Code, to observe the operation of these

provisions and recommend to the Administrator such further pro- visions as experience may indicate to be appropriate to effectuate

their purposes.

ARTICLE V-CmiLD LABOR

Employers shall not employ, nor have in their employ, any person under the age of sixteen (16) years; provided, however, that

where a State law specifies a higher minimum age no member of

this industry shall employ within that State a person below the age

specified by such State law.

ARTICLE VI-HM1E WORK

Home work in this Industry is prohibited.

ARTICLE YII-ADMINISTRATION

1. With a view to keeping the President informed as to the observance or nonobservance of this Code of Fair Competition and as to

whether the industry is taking proper steps to effectuate the declared

policy of the National Industrial Recovery Act, each member of the

Industry will furnish duly certified reports in substance as follows

and in such form as may hereafter be provided, subject to the approval of the Administrator.

(a) Wages and hours of Labor: Returns every four weeks showactual hours worked by the various groups of employees and minimum weekly rates of wages.

(b) Machinery data: Returns every four weeks specifying the

number of machines as set up, the number of machines actually in
4

operation each week, and the total number of work hours for each

machine each week, and the number of machines owned and the

number of machines hired.

(c) Reports of production: Monthly returns showing production in terms of the commonly used unit, umbrellas and parasols, as well

as stocks on hand and such other information as the Administrator

may request.

(d) The Association is constituted the Agency to collect and receive such reports, which are to be kept confidential, and compiled in

such manner as not to reveal the identity of the individual employer

concerned.

2. To further effectuate the policy of the Act, a Planning and Fair

Practice Agency is hereby set up to cooperate with the Administrator, and to explain the provisions of this Code for the Industry, with

the approval of -the Administrator. Said Agency shall consist of

members of the Executive Committee of the Association.

Such Agency is also set up to cooperate with the Administrator

in making investigations as to the functioning and observance of any

of the provisions of this Code at its own instance or on a complaint

by any person affected and to report the same to the Administrator.

Such Agency may from time to time present to the Administrator

recommendations based on conditions in the Industry as they may

develop from time to time, which will tend to effectuate the provisions of this Code and the policy of the National Industrial Recovery

Act.

3. The Agency may, with the approval of the Administrator, from

time to time appoint such committees as it shall deem necessary or

proper in order to effectuate the purposes of the Code and delegate

to any such committee its general or any particular powers hereunder.

4. Any member of the Industry is privileged to take part in any

and all activities of the Association having to do with the Code for

the Industry, and to receive such reports concerning Code activities

as may, from time to time, be sent to members of the Association, and

in every other way to directly and indirectly participate in the Code

work of the Association, either by becoming a member of the Association and paying to the Association the dues provided to be paid

by a member of like standing, or by becoming a Code Associate and

paying to the Association a pro rata share -of the costs of carrying

on the Code work of the Association.

ARTICLE VIII-PrICES AND TERMS OF PAYMENT

1. Members of the Industry shall not sell any products or accessories below cost. The Planning and Fair Practice Agency may, with the approval of the Administrator, from time to time, require

employers to furnish complete information relating to their costs, which shall be verified by a Certified Public Accountant.

2. It is the judgment of the Industry that an accurate knowledge

of costs is indispensable to intelligent and fair competition. The

Planning and Fair Practice Agency shall, with the approval of the

Administrator, provide a system of Cost Accounting, capable of

uniform application in the Industry. No employer shall sell any
5

product below the cost as determined by the application of this

formula to his operations.

3. All shipments shall be made f.o.b. factory or f.o.b. the cities of

regularly established sales offices of the shipper. For the purpose of

this provision an office shall mean a regular " sales office " and not

merely the resident or office address of a salesman or shipper.

4. A uniform system of discounts is hereby established as follows:

2% 10 days, 60 days extra; 3% 10 days, end of monthi; 3% 10 (lays,

receipt of goods.

ARTICLE IX-UFAIR METHODS OF COMPETITION

1. For all purposes of the Code the following described acts shall

constitute unfair methods of competition.

(a) Commercial bribery in any form, connissions or presents to

employers for the purchasers, over-liberal entertainment, paying or

allowing secret rebates, unearned discounts, refunds, credits or concessions in the form of free goods, advertising allowances, secret

transportation allowances, or the like, or any other act which will

directly or indirectly affect any of the foregoing acts.

(b) Inducing the breach or attempting to prevent the performance

of any contract.

(c) The misbranding or false marking of products of the industry

or any misrepresentation in connection with the sale thereof for the

purpose or with the effect of misleading or deceiving purchasers.

(d) Payment of allowances by secret rebates, refunds, credits,

unearned discounts in any form.

(e) Any statement, written or oral, or any act constituting a false

disparagement of the weight, substance, strength, grade, or quality

of the products of any other member of the Industry, or reference

to any deceptive tests or false statements, written or oral, regarding

price quoted by any member of the Industry, or regarding the credit

standing or ability of any member of the Industry, to perform any

contractual obligation, or to the condition of emplovmnt among

the employees of any member of the Industry.

(f) The making of false reports of capacity, production, inventories, sales, orders, or shipments. (g) Making or giving to any purchaser of any product any

guaranty of protection in any form against the decline in the market

price of such product.

(h) The sale, shipment, or delivery of products on consignment

or on terms other than regular terms.

(i) Stating in the invoice of any product as the date thereof a

date other than the actual (late of the shipment of such product or

of the original contract of sale.

(j) Contracting for labor to be performed on premises other than

the regular plant or plants of the member of the Industry entering

into the contract, provided, that for good cause shown, the Planning

and Fair Practice Agency, with the approval of the Administrator,

may permit products to be manufactured for any member of the

Industry in the plant or plants of any other member of the Industry.

(k) Failing to clearly mark on invoice the nature and quality of

goods sold as seconds, outmoded merchandise, sample lines, or shop-
6

worn items. In no case shall a manufacturer classify and/or sell as

seconds more than three per cent (3%) of his total production except

that those manufacturers, who customarily manufacture umbrellas

from old, second-hand, damaged, or otherwise imperfect umbrella

covers, gores, or parts, shall be permitted to manufacture and sell

umbrellas of this class, but no such umbrella shall be offered for sale,

inor shall it be sold, unless there is firmly sewn on the selvage of the

umbrella cover, next to the handle, a label plainly marked in English "made of second hand materials ". Material of the label shall

be different in color from the material used in the cover so that it

will be clearly discernible.

(1) The acceptance of returned merchandise for credit except for

defects in material end/or workmanship, or error in the shipment

thereof or for error in original billing.

(in) Shipment, sale, or offer to sell or dispose of assorted lots of

umbrellas unless the quantities of each classification (designated

according to covering fabric) and the price of each of them is clearly

stated on the invoice or bill.

(n) Aiding or abetting any person, firm, association, or corporation to use any unfair method of competition.

(o) Any violation of any other provision of the Code, whether

or not herein expressed to be such, or using or employing any practice not hereinabove specifically described, which the Planning and

Fair Practice Agency for the Code shall, upon the approval of the

Administrator of the National Industrial Recovery Act, have declared to be a practice that would tend to defeat the policy of Title I

of the National Industrial Recovery Act and, therefore, an unfair

method of competition, and of which determination by such Agency

and the Administrator, notice shall have been given to the members

of the Industry, in such form as the Agency, subject to the approval

of the Administrator, shall designate.

ARTICLE X-GENERAL

1. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be

free from 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.

2. No employee and no one seeking employment shall be required

as a condition of emnployinent to join any company union or to refrain from joining, organizing, or assisting a labor organization of

his own choosing, and

3. Employers shall comply with the maximum hours of labor,

minimum rates of pay, and other conditions of employment approved

or prescribed by the President.

4. This Code and all the provisions thereof are expressly made

subject to the right of the President, in accordance with the provisions of Sub-section (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
.7

President to cancel or modify his approval of this Code or any

conditions imposed by him upon his approval thereof.

5. Where the costs of executing contracts centered into in the

Umbrella Manufacturing Industry prior to the approval of the

President of the United States of this Code are increased by the

application of the provisions of the National Inidtistrial Recovery

Act to the Industry, it is equitable and promotive of the plirposes

of the National Industrial Recovery Act, that appropriate adjustments of such contracts to reflect such increased costs be arrived at

by arbitral proceeding or otherwise, and the Asuociation is constituted an ageney to assist in effecting such adjustiments.

6. In order to enable the Industry to conlduct its operations, stubject to the provisions of the Code; to establish fair trade practices

within the Industry, andI with those dealing with the Industry, and

otherwise to effectuate the purpose of Title I of the National Industrial Recovery Act, supplementary provisions of this Code or additional Codes may be sublomitted from time to time for tfh approval

of the President.

7. Within each State, this Code shall not supersede any laws of

such State imposing more stringent requirements regulating the

age of employees, wages, hours of work or health, fire, or general

working conditions, than under this Code.

8. 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 Andinistrator may deem necessary for the purposes recited in Section 3 (a) of the Act.

9. No provision of this Code shall be so applied as to permit

monopolies or monopolistic practices or to eliminate, oppress, or

discriminate against small enterprises.

I, Philip 0. Dietsch, do hereby certify that I am the duly appointed Managing Director of the National Umbrella Manufacturers

Association, Tin., and[ further certify that the foregoing is a true

copy of the Code of Fair Competition for the Umbrella Manufacturing Industry submitted to the Adini-tra ion under the Na,-

tional Industrial Recovery Act, as qime!nled bv authority of the

Executive Committee of the National Umbrella Man ufacturers Association, Inc.

PHIIUP 0. DIErSCIJ. MGieg/n ISrCtOP.

SEPTEMBER 30, 1933.

0
UNIVERSITY OF FLORIDA

N IIII I li l II111111 111 I N II I IIl I

3 1262 08728 6273