Approved Code No. 535-Amendrnent No.1 Registry No. 299-45 

NATIONAL RECOVERY ADMINISTRATION 

AMENDl\'IENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

BRATTICE CLOTH 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 22, 1935 

WE DO OUR P.AR'f.· 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 535-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BRATTICE CLOTH MANUFACTURING INDUSTRY 

As Approved on April 22, 1935 

ORDER 

APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR THE 

BRATTICE CLOTH MANUFACTURING 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 amendments to a Code of Fair Competition for the Brattice Cloth l\1anufacturing Industry, and an opportunity to be heard thereon having 

been given, ancl the annexed report on said amendments, containing 

findings with respect thereto, having been made and directed to the 

President: 

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

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, and otherwise, does hereby .incorporate, 

by reference, said annexed report and does find that said amendments and the Code as constituted after being amended complies u1 

all respects with the pertinent provisions and will promote the policy 

and purposes of said Title of said Act, and does hereby order that 

said amendments be and they hereby are approved, and that the 

previous approval of said Code is hereby amended to include an 

approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIA.L REcovERY BoARD, 

By W. A. HARRIMAN, Administ1·ative Officer. 

Approval recommended : 

M.D. VINCENT, 

Acting Division Ad1ninistrator. 

wASHINGTON, D. c., 

April 22, 1935. 

1~1055°----l74D-56----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: This is a report on amendments to the Code of Fair Competi- tion for the Brattice Cloth Manufacturing Industry. Notice of 

Opportunity to be H eard on these amendments was published on 

:March 13, 1935; no objections were received within the given twenty 

(20) day period ending April 2, 1935. The amendments, which 

are attached, were presented by duly authorized and qualified representatives of the Industry, complying with statutory requirements, 

and being the duly constitued Code Authority under the provisions 

of Administrative Order No. 535-4, signed February 8, 1935, which 

granted the application of the Industry to elect its own Code Authority rather than operate under the General NRA Code Authority as 

set forth in the Code of Fair Competition for this Industry. These amendments provide for: ( 1) Establishment of Industry 

Code Authority; (2) Mandatory Assessment Provision; and (3) 

Classification of Customers. These proposed amendments are standard provisions. 

The Deputy Administrator in his final report to the National 

Industrial Recovery Board on the said amendments to the said Code 

having found as herein set forth, and on the basis of all the proceedings in this matter; 

The National Industrial Recovery Board finds that: 

(a) The amendments to said Code and the Code as amended are 

well designed to promote the policies and purposes of Title I of 

the National Industrial Recovery Act including the 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 of labor and management under 

adequate governmental sanction and supervision, by eliminating 

unfair competitive practices, by promoting the fulle t possible utilization of the present productive capacity of industries, by avoiding 

undue restriction of production (except as may be temporarily 

required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent 

provisions of said Title of said Act, including without limitation 

sub-section (a) of Section 3, sub-section (a) of Section 7, and sub- ection (b) of Section 10 thereof. 

(c) The Code Authority is empowered to present the aforesaid 

::~mP.ndments on behalf of the Industry as a whole. 

(2) 
3 

(d) The amendments and the Code as amended are not designed to 

and will not permit monopoli~>s or monopoli tic I ractices. 

(e) The amendments and the Code as am nded are not desiQ'Iled to 

and will not eliminate or oppr mall enterprises and will not operate to discriminate against them. 

(f) Those engaged in other step of the economic process have not 

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

amendments. 

For these rea ons the e amendment have been approved. 

For the National Industrial Recovery Board: 

APRIL 22, 1935. 

w. A. HARRil\IAN' 

Administrative Officer. 
AMENDMENT TO CoDE OF F AIR CoMPETITIO FOR THE BRATTICE C LOTH 

:1\f.ANUF .ACTURING INDUSTRY 

Delete Article IV of the Code of F air Competition for the Brat- tice Cloth Manufacturing Industry, and substitute therefore the 

following: 

ARTICLE IV 

(A ) Administration 

To further effectuate the policies of the Administration, a Code 

Authority is hereby constituted to cooperate with the N. I. R. B. in 

the administration of this Code. 

The Code Authority shall be constituted as follows and elected 

in the following manner : 

(1) The Code Authority shall consist of three (3) voting members to be selected by a .fair method of selection approved by the 

N. I. R. B., each member to serve for a term of one year. (2) In addition to membership as above provided, there may be 

three (3) members without vote to be known as Administration Members to be appointed by the N. I. R. B., to serve for such term~ as 

the N. I. R. B. may specify. 

(3) Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall 

(1) impose no inequitable restrictions on membership, and (2) submit to theN. I. R. B. true copies of its articles of as~ociation, by-laws, 

regulations, and any amendments when made thereto, together with 

such other information as to membership, organization, and activities as the N. I. R. B. may deem necessary to effectuate the purposes 

of the Act. 

(4) In order that the Code Authority shall at all times be truly 

r epresentative of the Industry, and in other re~pects comply with the 

provisions of the Act, theN. I. R. B. may prescribe such hearings as 

1t may deem proper; and thereafter if it shall find that the Code Au- thority is not truly representative or does not in other respects comply 

with the provisions of the Act, may require an appropriate modification of the Code Authority. ( 5) Nothing contained in this Code shall constitute the members 

of the Code Authority partners for any purpose. Nor shall any 

member of the Code Authority be liable in any manner to anyone 

for any act of any other member, officer, agent, or employee of the 

Code Authority. Nor shall any member of the Code Authority, 

exercising reasonable diligence in the conduct of his duties hereunder, 

be liable to anyone for any action or omission to act under this Code, 

except for his own wilful malfeasance or non-feasance. ( 6) If the N. I . R. B. shall at any time determine that any action 

of a Code Authority or any agency thereof may be unfair or unjust 

(4) 
5 

or contrary to the public interest, the N. I. R. n. may require that 

such action be suspended to afford an opportunity for in e tiaabon 

of the merits of such action and further consi leration by such ode 

Authority or af.aency pending final action, which hall not b ffective 

unle s the N. . R. B. approve or unless it hall fail to disapprove 

after thirty (30) days' notice to it of intention to proceed with uch 

action in its original or modified form. 

(7) Subject to rules and regulations issued by the N. I. R. n., the 

Code Authority shall have the following powers and duties, in addition to those authorized by other provisions of this Code: 

(a) To insure the execution of the provisions of this Code and to 

provide for the compliance of the Industry with the provi ions of 

the Act· 

(b) To adopt By-Laws and Rules and Regulations for its 

procedure; 

(c) To obtain from members of the Industry such information and 

reports as are required for the administration of the Code, such 

information and reports to be collected by a confidential and disinterested agent of the Code Authority. In addition to information 

required to be submitted to such agent of the Code Authority, members of the Industry subject to the Code shall furnish such statistical 

information as theN. I. R. B. may deem necessary for the purposes 

recited in Section 3 (a) of the Act to such Federal and State Agencies 

as it may designate; provided that nothing in the Code shall relieve 

any member of the Industry of any existing obligations to furnish 

reports to any Government Agency. No individual report shall be 

disclosed to any other member of the Industry or to any other party 

except to such other Government Agencies as may be directed by the 

N. I. R. B. 

(d) 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 noth1ng 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; 

(e) To recommend to the N. I. R. B. any action or measures 

deemed advisable, including further fair trade practice provisions 

to govern members of the Industry in their relations with each 

other or with other industries; measures for industrial planning, and 

Qtabilization of employment; and including amendments of this 

Code which shall become effective as part hereof upon approval 

by the N. I. R. B. after such notice and hearing as it may specify; 

(f) To 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 purpo~e of formulating fair trade practices to govern the relationships between 

mployers under this Code and under such other Codes to the end 

that such fair trade practices may be proposed to the N. I. R. B. 

as amendments to this Code and such other Codes; 

(g) To provide appropriate facilities for arbitration, and subject 

to the approval of theN. I. R. B., to prescribe rules of procedure and 

rules to effect compliance with awards and determinations; 
6 

(h) To make recommendations to the N. I. R. B. for the coordination of the administration of this Code and such other Codes, if 

any, as may be related to or affect members of this Industry. 

(B) Expenses of Code Administration 

It being found necessary in order to support the administration 

of this Code and to maintain the standards of fair competition 

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

Code Authority is authorized: 

( 1) To incur such reasonable obligations as are necessary and 

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

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Code; 

(2) To submit to the N. I. R. B. for approval, subject to such 

notice and opportunity to be heard as may be deemed necessary (a) 

an itemized budget of its estimated expenses for the foregoing purposes, and (b) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of the 

Industry; 

(3) After such budget and basis of contribution have been 

approved by the N. I. R. B., to determine and obtain equitable contribution as above set forth by all members of the Industry, and to 

that end, if necessary, to institute legal proceedings therefore in its 

own name. 

Each member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Code Authority, 

which is determined as hereinbefore provided, and subject to rules 

and regulations pertaining thereto issued by the N. I. R. B. Only 

members of the Industry complying with the Code and contributing 

to the expenses of its administration as hereinabove provided, unless .duly exempted from making such contributions, shall be entitled to 

participate in the selection of members of the Code Authority or 

to receive the benefits of any of its voluntary activities or to make 

use of any emblem or insignia of the National Recovery 

Administration. 

The Code Authority shall neither incur nor pay any obligations 

substantially in excess of the amount thereof as estimated in its 

approved budget, and shall in no event exceed the total amount 

contained in the approved budget, except upon approval of the 

N. I. R. B.; and no subsequent budget shall contain any deficiency 

item for expenditures in excess of prior budget estimates except 

those which the N. I. R. B. shall have so approved. 

Amend Article V-Trade Practices-by the addition thereto of 

Section (iii). 

(iii) Classification of Customers 

(aa) The Code Authority shall cause to be formulated and keep 

current a classification of all types of customers o£ the Industry. 

Such classification shall be subject to the disapproval of the 

N. I. R. B. and shall contain (1) a complete list of all of the classes 

of customers of the Industry, including a class to cover every known 

type of customers; and (2) definitions or descriptions of the several 
7 

clas es in term o£ £unctions p rformecl or 1n other a pr priate 

t rm , uch as 1 ur ha Pr of lefinecl qualiti . ( ab) After ubmis ion to theN. I. R. B., if thcr i no eli approval 

or reque t for u pen ion of a tion within twenty (20) clay full 

information concernina the cla ification hall be made available 

to all member of the Inclu try. No one hall by intimidation, 

coercion, or other un lue in:fiuen"'e cau or attempt to cause the 

inclusion of any ctLtomer in or the e:s:clu ion of any cu tomer from 

any cla of cu t01ners, or the exclu ion of any cla. of u tamers 

from the cla ification, or the u e of uniform or ti pula ted prices, 

discount , or differentials, and ach member of the Indu try may at 

all times clas ify hi own customers in accordance with his own 

judo-ment. 

Appro>ed ode No. 535-Amendment No. 1. Registry No. 299-45. 

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