Registry No. 1657-05 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

EMBLEM AND PENNANT 

MANUFACTURING IN.DUSTRY 

AS SUBMITTED ON AUGUST 31, 1933 

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UNIV. 0, F. 

DOCU ..£t1.I·: _ll.!'~· '!f..OUR PART 

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The Code for the Emblem and Pennant Manufacturing 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 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
SUBMITTED BY 

EMBLEM & PE NANT MANUFACTURERS' ASSOCIATION 

.AS A DIVISION OF THE SPORTING GOODS & ATHLETIC WEAR 

ASSOCIATION 

(II) 
CODE OF THE EMBLEM & PENNANT MANUFACTURERS. ASS'N AS A DIVISION OF THE SPORTING GOODS & 

ATHLETIC WEAR ASSOCIATION 

o le of fair competition drafte l by representatives of the Emblem 

and Pennant ~Ianufacturing Industry in conformity with the provi ions of the National Recov<:>ry Act. 

In furtherance of the policy enunciated by the provi ions of the 

ational Recovery Act, the members of this subdivision of theEmblem ~ Manufacturer have prepared this code a basis for fair 

competition in their indu try. It is the feeling of the members of 

thi group that the fall in the general price leYel and de -tructive 

,-va~re or price cutting have been due to a lack of whole-hearted coop ration on the part of merchants engaged in this industry. With 

th thought that by pre enting this Code to the United State Govnunent for official sanction the standards of labor and the burdens 

which have been u tained by our members through unfair competition will all be corrected, we hereby submit this code, which ha been 

di Yi le l into the follo~ving cateo-ories: 

I. Regulation hip to labor. 

II. Regulation and control of unfair competition. 

III. A practical method of admini tering this code. 

one of the provi ions herein contained is discriminatory in any 

re pect nor will any of the term of this agreement tifle the initiative of any bu iness conforming to the practice herein adopted. It 

1 not the intention of the members of this group to create monopolie or to eliminate competitors or to affect similar enterprise . It i felt that the adoption of this Code will tend to ameliorate 

pre ent-day conditions in our branch of the Pennant and Emblem 

manufacturing industry to the benefit not only of our members, but 

of con umer, laborer, and merchant alike. 

I-LABOR CODE 

I. Collective Ba1·gaining.-In accordance ·with the prov1 10n of 

_ec~ion 7_ of the National Recovery Act, the attitude of this associat10n with re pect to the labor or employee hall be as follows : 

(1) That employees shall have the right to organize and bargain 

c 1Jec ively through repr entatives cf their own choosing, and shall 

b free fr m the interference, restraint, or coercion of employers of 

labor or their agents in the de ignation of such repre entative or in 

If-organization or in other concerted activitie for the purpo ·e of 

collectiYe bargaining or other mutual aid or protection. 

(2) That no employee an l no one seeking employment hall be 

r quired as a condition of empl yment to join any company union 

or to refrain from joining, organizing, or as ·i ting a labor organization of his own choosing. 

9439-33 (1) 
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(3) That employers shall comply with the maximum hour of 

labor, minimum rate of pay, and other conditions of employment 

approved or prescribed by the Pre ident. 

IL M awi?num, working hours.-The maximum working hours of 

any employee engaged by any of the firms who are parties to this 

Code shall be forty hours per week. 

III. iJf ini11iwn wages: 

(a) Minimum wage for any and all employees engaged on our 

behalf hall be at the rate of 35¢ per hour. 

(b) Operators: The minimum wage for male shall be 50¢ per 

hour; the minimum wage for female operator shall be 40¢ p r hour. 

The de ignation "operator" shall apply to anyone engaged in sewing on a machine. 

(c) Office help: Employees in thi capacity in our office shall 

receive a minimum of $15.00 per week. 

IV. 0 hilcl labor.-vVe hereby agree that no member of our group 

shall employ any worker under the age of ix:teen years from· 1,he 

date of the making of thi Code. 

V. 1-1 ome wm'k.-A prrrctice ha grown up in our industry whereby 

a great deal of work generally performed in our place of business 

i transferred to individuals who work at horn.e. '\iVe hereby condemn this practice and agree from the elate of the making of this 

Code that no work shall be ]elivered to any individual to b clone 

at his residence. Thi hall not, ho" ever, eliminate the sending of 

work to contractors, provided such contractor have at lea t two 

m~chines in a regular place of busine · either in an office, loft, or 

store and provided also that all such contractors observe the provisions of this Code with regard to minimum wages and maximum 

working hour . VI. If from time to time we find it neces ary in view of varying 

conditions in the cost of living to increase or decrease wage by 

mutual agreement, such adjustrn.ent hall be made with the approval 

of the U.S. Government as shall be deemed necessary. In the absence of uch changes, however, the above -tandarcl for minimum 

wages of labor are fixed and shall be binding upon any and all 

members who are parties to this Code. 

II-UNFAIR COMPETITION 

I. No 1ne1·chanclise shall be sold at 01· beloil' co t.-It is our intention, wherever fea ible, to prevent the ale of merchandi e for less 

money than the co -t of production. This has been an evil which has 

seriou ly uffected the members of our group and is one which we 

hereby undertake to eliminate. '\Vhile we appreciate the difficulty 

in determining the exact cost to any particular merchant of produc- tion of a given article we hereby bind ourselve to refrain in the 

future from any ale of merchandise which we know is being sold 

at less than it actual co t. To carry out our intention in this matter, we agree to ubmit our books and recor ls for examination by a 

committee appointed by our group to determine whether or not 

with respect to minimum wages and maximmn hours, we are complying ,vith the exact letails of this agreement. 
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In the event that a committee making such an examination ha~l 

di cover that a particular member is violating the terms of this 

ao-reement with regard to the payment of minimum wages and operation at a maximum of forty hours per week, it shall be c~nsidere~ a 

direct violation of this agreement subject to the penalties hereinafter tated. 

II. Discounts.-It is aoTeed that the rate of discount from the 

date of the ·igning of this Code hall be 2/ 10 E.O.M. No member 

hall allow any di count in excess of this amount nor shall any purcha er be permitted to take advantage of a discount unless payment 

i. ma le on or before the 10th day of the month following a delivery 

of merchandi e. 

III. Elim·ination of f1°ee-lance sellers.-In view of the fact that a 

number of individual have prung up within the pa t few years 

who ell our merchandise at very little profit imply because of the 

fact that they have no office and no expen e and can therefore sell 

the .... ame to our cu -tomers at far le s than a legitimate merchant can, 

we hereby agree that none of the members who are parties to this 

Code, shall hereafter sell merchandi e of any kind or nature to 

any propo ed purcha. er unle s said purcha er has either a tore or 

office at which he conducts business with a stock at cost valued at 

least $1,000.00 and a regular set of books for the conduct of his 

bu ine s. IV. Pa1·cel po.L-Any and all shipments by parcel post shall be 

ent F.O.B. Factory. 

V. 0 .0.D. shipnients.-On any and all hipments C.O.D. 25 % 

of the amount clue for merchandise shipped shall be pail before 

actual delivery, otherwise merchandise shall not be delivered. 

VI. Elimination of home e1nploy1nent.-A serious form of unfair 

competition has been created within the la t few years by virtue of 

the manufacture of pennants, emblems, letter , and banner in the 

horn · of variou manufacturers or the distribution of such work to 

individual who work at their residences. These manufacturers, by 

the creation of weat hop conditions, with no regard for fair wages 

or maximum working hours, have cut prices far below those which 

the or 1inary merchant engaged in an office, loft or store can operate 

at a profit. "\Ve hereby pledge ourselves to exclude from competition in our indu try any manufacturing lone at home or residence 

and hereby agree that no one eno·aged in this indu...,try shall either 

him elf or throuo·h any agent , employee , or independent contractor ·, permit any work on the merchancb e above referred to at the 

re ·id nee of any indiYidual or individual ·. uch emblem , letter , 

tc., ·hall be manufactured only in a stor ) loft, office, or building 

u · 1 entirely for bu ine or manufacturing purpo es. · 

III-AD)IINI TRATION OF THI CODE 

I. Any and all disputes, complaints, or violations of the terms 

and provi ion of thi ode hall be referre l to the head of our 

1nd11 ·try. He hall hear any and all matter relating to violations 

f th clau e of thi agreement an l hall ren l r decisions of a bind1ng effect upon any member guilty of violations. 

II. The head of our grou1 duly elected by unanimous vote, is 

braham R. Grosman, 276 Fifth Avenu ew York City. 
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III. Any and all complaints regarding the individual actions or 

omissions of members, shall be heard at the office of the group, 276 

Fifth A venue, ew York City, after due notice to the member 

allege lly violating thi a<Treement. If, after a hearing, it shall be 

determined by the head of this group that such member ha been 

guilty of a violation of this agreement in its intent and purposes 

the penalties hereinafter et forth shall then take immediate effect. 

IV. Right of appeal.-In the event that any member shall be 

dissatisfie l with the ruling of the heaa of our group, a right of 

appeal to the a sociation hall e:xi t in such member, to determine 

whether or not the deci ion of the head of our group shall remain 

binding. The appeal shall be heard before three members of our 

as ociation who hall be elected in alphabetical order from the 

members of our group excluding therefrom any parties to the dispute. In the event that the appellate committee shall decide to confirm the decision of the head of our group, then it shall be binding 

upon the alleged violator, and the penalties herein et forth shall 

become immediately effectual. Should the appellate ~ommittee decide to reverse the deci ion of the head of our group, then their 

determination in the matter shall be final and binding upon the 

n1embers invoh ed. 

In witne s whereof, we have hereunto set our hands and seal 

this ______ day of ------, 1933. 

UNIVER S ITY OF FLORIDA 

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