Approved Code No. 219 Registry No. 1607-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BEDDING 

MANUFACTURING INDUSTRY 

AS APPROVED ON JANUARY 23, 1934 

t ; - • 

WE .DO OUR PARt 

.. ....... A 

UNITED STATES 

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Approved Code No. 219 

CODE OF FAIR COMPETITION 

FOR THE 

BEDDING MANUFACTURING INDUSTRY 

As Approved on January 23, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

BEDDING 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 a Code 

of Fair Competition for the Bedding Manufacturing Industry, and 

hearings having been duly held thereon and the annexed report on 

said Code, containing findings with respect thereto, having been 

made and directed to the President: 

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

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including E xecutive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved. 

HUGH S. JOHNSON, 

Administrator for Indwstrial Recove1"JJApproval Recommended. 

\V. A. H ARRil\IAN1, 

Division Actlrninistrator. 

vv .AsHrNaToN, D.c., 

January ~3, 1934. 

5~ 59 ----31 3-109----34 

(311) 
The PRESIDENT, 

The White Hmtse. 

Sm: This is a report on the Code of Fair Competition for the Bedding Manufacturing Industry as revised after a public hearing held 

on November 9, 1933, in accordance with the provisions of the 

National Industrial Recovery Act. 

LABOR PROVISIONS 

Provision is made for a forty-hour week, except that employees 

may work 48 hours a week during any eight (8) weeks in any six (6) 

months' period. Exceptions are provided for travelling salesmen, 

employees engaged in emergency maintenance or emergency repair 

work, and for persons employed in a managerial, supervisory, or 

executive capacity who earn not less than thirty-five ($35.00) dollars 

a week. A tolerance of 10% is permitted for firemen, engineers, 

truck drivers, and shipping crews. Watchmen may be permitted to 

work no more than an average of forty-eight hours a week and in no 

week over fifty-six hours. 

No employee shall receive a lesser wage rate than is required to 

provide the same earnings for forty hours of labor per week as was 

received for that class of work for the longer work week prevailing 

prior to June 1, 1933. A minimum rate of thirty-five (35¢) cents 

per hour is provided for employees in the North and thirty (30¢) 

cents per hour for employees in the South. Apprentices, who may 

be employed for a period of not more than ninety days, shall receive 

not less than 80% of the minimum, and the number of apprentices 

shall at no time exceed 5% of the total employees. No employee 

may serve more than one apprenticeship in the industry. Persons 

whose earning capacity is limited because of age or physical or mental handicap may be employed on light work at wages lower than the 

minimum, provided the employer obtains from a state authority a 

certificate authorizing such employment. 

No person under the age of 16 years may be employed in the 

industry, nor anyone under the age of 21 years at operations or 

occupations hazardous in nature or detrimental to health. The 

provisions of Section 7 (a) of Title I of the Act are included. It 

is provided that within each State the Code shall not supersede any 

laws of the State imposing more stringent requirements on employers 

regulating the age of employees, wages, hours of work, or health, 

fire, or general working conditions than under the Code. Employers may not reclassify employees or duties of occupations so as to 

defeat the purposes of the Act. Employers must post complete 

copies of the Code in conspicuous places accessible to employees. 

All labor provisions of this Code are made subject to review by 

the Administrator and modification after July 1, 1934. 

(312) 
313 

ECONOMIC EFFECT OF THE CODE 

According to the report of the Division of Economic Research 

and Planning, the weighted average of hours of work by employees 

in the Bedding Manufacturing Industry in 1929 was 49.3 hours a 

week. However, it was frequently the practice in that year to 

work employees as many as 60 to 72 hours a week, and even during 

the dull season as many as 45 hours a week. As a result of the 

40-hour week provision in the code, members of the Industry estimate that the Industry will reemploy all of its workers based on 

1929 employment figures and probably as many as from 7 to 10% 

n1ore than were employed during the peak of 1929. E mplo) ment in 

the Industry on June 1, 1933, was approximately 21% less than 

employment during the peak of 1929. The total increa e in employment in the Industry because of the provisions of the Code will 

be from 28 to 31% over the employment on June 1, 1933. As a 

result of this Code, minimum wages in the Southern territory will 

be approximately double the minimum rates which were paid on 

June 1, 1933. In the North, the average wage increase to employees 

receiving the minimum will be nearly 50% . Employers estimate 

that their total payrolls will be increased by from 60 to 120% not 

only because of the increase in the minimum rate and a reduction in 

the hours of employment, but also because of the provision that no 

employee may receive less for the 40-hour week than he received 

for the longer week prevailing before June 1, 1933. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

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

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

cmnmerce 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 among the trade groups, 

by inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest 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) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant asso-
314 

ciation is an industrial association truly representative of the aforesaid Industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

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

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

For these reasons, therefore, I have approved this Code. 

Respectfully, 

J .ANU.ARY 23, 1934. 

HUGH s. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

BEDDING MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as the Code 

of Fair Competition for the Beddin~ Industry and shall be the 

standard of fair competition for such 1ndustry and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "industry" as used herein, includes the manufacture, 

remaking, repairing, or renovating of mattresses, pillows, box 

springs, studio couches (the principal components of which are 

springs, mattresses, and pillows), metal beds, metal and wood cribs 

and cots, metal bed springs, and gliders; provided, however, that 

this definition shall not include any retail furniture or department 

store which, incidental to the operation of such business, repairs, remakes, or renovates for customers a bedding product previously 

sold by such store to such customer; provided further, that organizations or groups of manufacturers representing branches or subdivisions thereof may become parties to or be exempted from this 

Code on approval by the Administrator. 

2. The term "bedding" as used herein includes the products 

stated above. 

3. The term " employee " as used herein, includes anyone engaged 

in the industry except a member of the industry in any capacity 

receiving compensation for his services, irrespective of the nature 

or method of payment of such compensation. 

4. The term" employer" as used herein includes anyone by whom 

such employee is compensated or employed. 

5. The term " member of the industry " as used herein includes 

anyone engaged in the industry as above defined, either as an 

employer or on his own behalf. 

6. The "South" as used herein includes the following States: 

Virginia, West Virginia, North Carolina, South Carolina, Georgia, 

Florida, Kentucky, Maryland, District of Columbia, Tennessee, Alabama, Mississippi, Arkansas, Louisiana, Texas, and Oklahoma. The 

"North" includes the remaining States of the United States. 7. The terms "President", "Act", and "Adn1inistrator ", as u ed 

herein, shall mean respectively the President of the United States, 

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

(315) 
316 

ARTICLE III-Houns 

1'. No employee shall be permitted to work in excess of 40 hours 

per week except that any employee may work 48 hours a week during any 8 weeks in each six months' period. The aforesaid maximum 

hours are subject to the following exceptions: 

(a) The provisions of this Article shall not apply to travelling 

falesmen, or to employees engaged in emergency maintenance or 

emergency repair work, or to persons employed in a managerial, 

supervisory, or executive capacity who earn not less than thirty-five 

dollars ($35.00) per week. (b) A tolerance of 10% upon the hours 

specified above is permitted for firemen, engineers, truck drivers, and 

shipping crews. (c) Watchmen shall not be permitted to work more 

than an average of 48 hours a week over a two weeks' period, and in 

no week over 56 hours. 

ARTICLE IV-\V AGES 

1. No employee shall receive a lesser rate than is required to provide the same earnings for 40 hours of labor per week as was received for that class of work for the longer work week prevailing 

prior to June 1, 1933; provided, however, that no factory employee, 

whether remuneration is based upon an hourly or piecework or incentive plan, shall receive less than a minimum of thirty cents per hour 

in the South, and thirty-five cents per hour in the North; and further providing that all other employees whose remuneration is based 

upon a weekly or monthly rate shall receive not less than a minimum 

of $15.00 per week. 

The above minimum wages shall not in any way be considered as 

a discrimination by reason of sex and where in any case women do 

substantially the same work or perform substantially the same duties 

as men they shaH receive the same rate of wage as men receive for 

doing such work or performing such duties. 

2. Apprentices without previous experience in bedding work may 

be employed at a minimum wage of 80% of the above requirements 

for a period of not more than ninety days; provided, however, the 

number of such beginners employed by a member of the industry 

shall at no time exceed 5% of his total employees; provided further, 

no employee may serve in the bedding industry more than one 

apprenticeship within the above provisions. 

3. A person whose earning capacity is limited because of age or 

physical or mental handicap may be employed on light work at a 

wage below the minimun1 established by this Code if the employer 

obtains from the State authority designated by the United States 

Department of Labor a certificate authorizing his employment at 

such wages and for such hours as shall be stated in the certificate. 

Each employer shall file with the Code Authority a list of all such 

persons employed by him. 

A. Any member of the industry who does substantially the same 

work performed by any employee of the industry, shall be subject 

to all of the hour and wage provisions of Articles III and IV hereof. 
317 

ARTICLE V-GENERAL LABOR PROVI IONS 

1. No per on under 16 y ar of age shall be employ d in the industry nor any ne und r 21 year of age at operation or occupations 

hnzardou in nature or detrimental to health. The Code Authority 

hall submit to the A lmini trator a li t of such occupation within 

30 day aft r the :ffectiYe date hereof. In an. Stat an employer 

... hall be deemed to haYe complied with this provi ·ion if he shall have 

on file a certificat or permit dul i sued by th authority in uch 

~tate empowered to issue employment or age c rtificate or permits, 

.. howing that the employee is of the required ao·e. -

2. Employees shall have the right to organize and bargain collectiYely through repre entatives of their own choosing, and shall be 

free from the interference restraint, or coercion of employers of 

labor, or their ao·ents, in the de ignation of such repre entatiYes or 

in self-organization or in other concerted actiYitie for the purpo ·e 

of collectiYe bargaining or other mutual aid or protection. 

3. No employee and no one seeking employment hall be required 

as a condition of employment to join any company union or to refrain 

from joining organizing, or a si ting a labor organization of his own 

choo ing and 

4. Emplo 'er · hall comply with the maximum hours of labor, 

minimum rat of pa. , and other conditions of employment approved 

or pre cribecl by the President. 

5. \\ ithin each State this Code shall not super ede any law of 

uch State imposing more stringent requirement on employers 

regulating the age of employee , wages, hours of work, or health, 

fire, or general working conditions than under thi Code. 

6. Employer hall not reclassify employee or duties of occupations performed by employee so as to defeat the purpo es of the Act. 

7. All employer. hall post complete copie of this Code in conspicuous place acce sible to employees. 

8. For th general protection of all employees as well as those 

engaged in renovating used materials, every employer hall makE, 

reasonable provision for the safety and health of his employees at 

the place an l during the hours of their employment. Standards 

for afety and health shall be submitted by the Code Authority to 

the Admini trator for approval within six month · after the effective 

date of this Code. 

A. The proYi ions of Articles III, IV IV (a), and V are subject 

to the Admin~f:itrator's review and modification after July 1, 1934, 

on such how1ng of fact as he may require and after reasonable 

opportunity for the Code Authority to be heard. 

ARTICLE VI-Am,nNISTRATION 

1. To further effectuate the policies of the Act, t...1e Board of Trustees of the National A sociation of Bedding Manufacturers is hereby 

de ... ignated the Code Authority to administer, supervise, and promote 

the performance of the provisions of this Code by members of the 

industry and to cooperate with the Administrator. 

35259°----313-100----34----2 
318 

2. Any bedding manufacturer is entitled to membership in the 

As ociation and to participate in the selection of members of the 

Code Authority by assenting to and complying with the requirements 

of this Code. Each member of the Association shall pay his proportionate share of the expenses of the preparation and administration 

of this Code. Such co ts and expenses ·hall be defrayed as follows: 

Until December 31, 1934, each member shall pay to the Association 

on an annual basis the sum of five dollars, plus an amount equal to 

1/20 of 1% of such bedding manufacturer's 1931 total sales, and for 

each calendar year thereafter the same percentage of the total sales 

of such manufacturer for the previous calendar year. In the event 

that such payments shall not raise a sum sufficient to meet the foregoing purposes, the Code Authority shall have power to levy an 

asses ment on all members, based upon sales volume as aforesaid for 

the amount required. These payments and assessments shall be 

subject to change at the requirement of the Administrator. 

Each bedding manufacturer who is not a member of the Association shall pay a sum representing his proportionate share of the 

expenses of the administration of this Code upon the same basis, 

and at the same times, and shall make the . arne reports, as are 

required to be made by members of the As. ociation. 

It is expres ·ly understood that the income of the Association derived from such payments or assessments shall be used by the Code 

Authority exclusively for the purposes hereinabove et forth. 

No bedding manufacturer who does not assent to the provisions of 

this Code shall have any right to participate either in the benefits of 

the Association or the selection of members of the Code Authority. 

3. The Code Authority may appoint such agents or special or general committees from among the members of the Association for the 

purposes of this Code as it may decide, subject to such regulations 

as the Administrator may require. The Government is to be represented on the Code Authority by one to three members without vote 

and without expense to the industry to be appointed by the Administrator for terms of from six months to one year, the terms of 

appointment to be arranged so that they do not expire at the same 

time. 

4. In order that the Association shall at all times be truly representative of the industry and in other respects comply with the 

provision of the Act, the Administrator may provide such hearings 

as he may deem proper, and thereafter, if he shall find that the 

Association is not truly representative, or does not in other respects 

comply with the provisions of the Act, the Administrator may require a modification in method of selection of members of the Code 

Authority. 

5. (a) For the administration of this Code the bedding industry 

of the country shall be divided into zones, districts, and region::; long 

established by the industry through the Better Bedding Alliance of 

America, based upon commercial centers, competitive characteristics, and living and working conditions. These zones are for reference shown as Exhibit "A" attached hereto. Districts and regions 

are as shown in the Bylaws of the Association. The boundai'i'' ; of 

the zones, regions, and distr,cts may from time to time be changed 

or modified by the Code Authority. 
319 

(b) There shall be a National Board o£ Zone Directors and, for 

the pillow division and the glider division, respectively, National 

Boards o£ District Chairmen. These Boards shall make such recommendations as they deem advisable to the Code Authority, including 

amendments to this Code. 

I£ any recommendation o£ the Board o£ Zone Directors or o£ the 

Boards o£ District Chairmen concerning amendments to this Code, 

is d]sapproved or modified by the Code Authority, such original recommendation shall be referred back to the originating Board with 

reasons for disapproval or modification, but i£ such original recommendation is then passed by a two-thirds vote o£ the entire Board 

o£ Zone Directors or, with respect to matters relating exclusively to 

the Pillow or Glider Divisions, by a £our-fifths vote o£ their respective Boards o£ District Chairmen, such action shall be effective and 

final the same as i£ it had the approval o£ the Code Authority. 

Otherwise, the action o£ the Code Authority on any such recommendation shall be e:ffecti ve and final. 

6. At meetings . of such National Boards, each Zone Director or 

District Chairmen shall be authorized to act for the members o£ his 

Zone or District, respectively. 

7. A Government Contact Committee shall be appointed by the 

Code Authority and shall conduct all communications and conferences o£ the bedding industry with the President, or with his agents, 

concerning the approval o£ this Code or the approval of any amendments thereof. 

8. The Board o£ Zone Directors or the respecti Ye Boards o£ District Chairmen of the pillow or glider divisions, may submit rules 

and regulations necessary for the effective administration and enforcement o£ this Code to the Code Authority and upon their adoption and approval by the Code Authority such rules and regulations 

shall be submitted to the Administrator for approval. 

9. To supply data needed for the administration of this Code, each 

member of the industry shall furnish to the Secretary of the Association such reports or statistics as m.ay be deemed necessary for that 

purpose by the Code Authority or by the Board of Zone Directors or, 

with respect to the Pillow or Glider Divisions by their respective 

Boards of District Chairmen, such reports at all times to be open to 

inspection of the Administrator. AU such individual reports or statistics shall be kept confidential as to source by the Association Secretary, and he shall disclose no source of information without the 

consent of the source, except as may be required by the Administrator. 

10. In addition to the information required to be submitted to the 

Association, there shall be furnished to the Government agencies 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act. 

11. Violations and Complaints. (a) The Code Authority shall 

appoint a National Grievance Committee o£ three or more members, 

designating one as Chairman, who shall consider in the manner hereinafter provided, complaints involving claimed violations o£ any o£ 

the provisions of this Code. No member of the National Grievance 

Committee may be a member of either a Zone or Regional Grievance 

Committee. 
320 

(b) Each Regional Coordinator shall appoint from among the 

mernbers within his Region a Regional Grievance Committee of 

three or n1ore members, and shall designate the Chairman of such 

Committee. 

(c) Each Zone Director shall appoint from within his Zone, a 

Zone Grievance Committee of three or more members, designating 

one as Chairman of said Committee. 

(d) If any member of the industry shall violate this Code and 

should complainant and defendant both be located in the same Zone, 

accusation thereof shall be made to the Grievance Committee of that 

Zone. The Chairman of the Grievance Committee shall thereupon 

call a meeting of said Committee to investigate and consider the 

case. If by majority vote they decide that the facts appear to 

warrant such action, they shall report their findings to the Regional 

Grievance Committee of the Region in which said Zone is located, 

for its review. The Regional Committee shall then consider the case 

and if by majority vote they find that the facts warrant such action 

they may report the facts to the proper govern~ent authority for 

prosecution. 

(e) If any member in one Zone shall have cause of complaint for 

violation of this Code against a member of the industry in another 

Zone, and should both Zones be located within the same Region, accusation thereof shall be made to the Regional Grievance Committee 

of that Region. The Chairman of said Committee shall thereupon 

call a meeting of the Committee to investigate and consider the case. 

And if by majority vote said Regional Committee finds that the facts 

warrant such action, they may report the facts to the proper government authority for prosecution. 

(f) In case of complainant and defendant hereunder being located 

in different Regions, accusation shall be 1nade to the National Grievance Committee. The Chairman thereof shall thereupon call a meeting of the Committee to investigate and consider the case. If by 

majority vote they find that the facts warrant such action they may 

report the facts to the proper government authority for prosecution. 

(g) No member of any Grievance Committee shall sit on a case 

in which he is involved. In such case he shall temporarily be replaced by a new Grievance Committee member, appointed by the 

authority delegated hereunder to appoint the members of such 

Grievance Committee. 

12. Section 11 of this Article shall not apply to the Pillow Division. Complaints of violations within said Division shall be handled 

as follows: 

(a) Each District Chairman of the Pillow Division shall appoint 

two members out of his district, who will serve with him as a committee of three to hear all complaints. of violations of this Code and 

if a defendant against whom the complaint is made is deemed to be 

guilty of the offense charged, the matter shall be referred to the 

National Board of District Chairmen. If the National Board shall 

deem the accused guilty, they may report the facts to the proper 

government authority for prosecution. 

(b) In case one of the members of the Committee is the accused, 

a substjtute is to be appointed from the membership in that district. 
321 

This substitute hall be appointed by the two other members of the 

Committee. 

13. The Cole Authority shall have authority to review, di approve, 

or mo lify if it o decide, the action of any board or committee provided for in this Code; and any action of the Code Authority shall 

be subject to the review and di approval of the Administrator. 

14. Blue Eagle or Other Insignia. Upon a enting to the provi ions of this Code and becoming thereby a member of the A sociation, any member of the industr. hall be entitled to display the 

Blue Eagle and such official emblem for u. e after December 31, 

1933, as may be then authorized, and, ubject to the approval of the 

Administrator, together with such official emblem, to di play uch 

authorized in ignia of the A ociation as shall be promulgated and 

adopted by the Code Authority thereof. The privilege of using the 

Blue Eagle or such official emblem and approved insignia may be 

withdrawn and cea e or may be uspend(!d in respect of any such 

member of the Industry whose operations, after the hearings hereinabove provided for under terms of this Article before the proper 

grievance committee and approval by the Administrator, shall be 

found to be in substantial violation of this Code. The Code Authority may establi h appropriate rules, regulations, and machinery 

for the issuance of labels or other methods of use of such emblem 

or insignia in accordance with the foregoing provisions, upon approval by the Administrator. 

The charge made for such label or other insignia by the Code 

Authority shall at all times be subject ·to supervision and orders of 

the Administrator and shall be not more than an amount necessary 

to cover the actual reasonable cost thereof, including actual printing, distribution, and administration and supervision of ~he use 

thereof as hereinabove set forth. 

ARTICLE VII-TRADE PRA TICES 

The following rules set forth below in Part One of this Article 

shall apply ·from the effective date of this Code to all members of the 

industry and any infraction thereof shall constitute an unfair method 

of competition and may serve as the basis of complaint before the 

appropriate grievance c01mnittee as hereinbefore provided: 

PART ONE 

1. Second-Hand M aterial.-N o member of the industry shall use 

second-hand or previously used material in the manufacture of bedding. Renovate and repair work on bedding not for resale is permitted, but if on such work added material is needed, such added 

material shall not contain any previously u ed material. 

The terms "second-hand" or "previously used" material as u ed 

herein mean (a) an material which has been used in the manufacture of another article or used for any other purpose; (b) any 

material made into thread, yarn, or fabric, and subsequently torn, 

shredded, picked apart, or otherwi e disintegrated. (They do not 

include metals re-rolled under "white-heat" or byproducts obtained 

from the machining of new cotton.) 
322 

Any member of the industry who receives bedding :for renovation 

or repair shall keep attached thereto :from the time received, a tag 

on which is legibly written the date o:f receipt and the name and 

address o:f the owner thereof. 

2. lnspection.-To insure proper labeling of products, every place 

where bedding is made, remade, renovated, or sold by a member of 

1 the industry shall be subject to inspection by inspectors authorized 

I by the Code Authority, and each member o:f the industry shall freely 

1 permit such inspection. 

When such inspector has evidence for belief that said bedding is .I not tagged as required hereunder, he shall have authority to open a 

:seam of such bedding to examine the filling; and he shall have power 

I to seize and hold for evidence any such bedding possessed or offered 

for sale which is improperly and untruthfully labelled. 

3. Tagging.-No member of the industry shall sell a mattress, pill 

low, box spring, glider, or studio couch to which is not securely sewn 

by at least one edge a cloth or cloth-backed tag at least 2 x 3 inches 

I in size; and upon said tag shall be legibly stamped or printed in English on the face of said tag (a) the name of the materials used to fill 

such bedding; (b) the name and address of the make;r or vendor of 

the bedding; (c) in letters at least one eighth inch high, the words 

"Remade or Renovated Bedding " if such bedding has been remade, 

renovated, or repaired and is not to be resold; or the word "Second-

! hand " if such b-edding has been used but not remade. 

Nothing likely to mislead shall appear on said tag and it shall con- 1 tain all statements required ·hereunder, and shall be sewed to the 

1 outside covering of every article of such bedding before the filling is 

im:erted. 

The name " :felt " shall not be used unless the material described 

has been carded in layers by a garnett machine. 

4. Pillow Labelling Rules.-The following description rules shall 

1 apply to the tagging o:f pillows, feathers, or down: 

(a) Feather mixtures shall be designated by the name, character, 

1 and percentage by weight o:f each material used, or the entire mix- 1 ture shall be designated by the name o:f the lowest grade 'of material 

1 

used (for example-Filling is goose and duck :feathers. This mixi ture shall be designated as goose and duck f eathers and the percentage 

I 

of each stated on the tag, or the entire mixture shall be designated 

as duck f eathers). The term "goose feathers" or " duck feathers " 1 does not include curled goose quills or curled duck quills. Duck- and 

1 chiGken-feather or goose- and chicken-feather mixtures shall be so 

1 designated and the percentage by weight of each stated on the tag, I cr the entire mixture shall be designated as chicken feathers. 

' (b) :Material other than down, separated from :feathers without 

I the whole or a part of the quill or stem attached, shall be designated 

"Feather Fiber" regardless o:f the fowl from which it came, except 

that down filaments separated from the down cluster shall be desig1 nated as "Down." 1 (c) Cur led or chopped feathers shall be designated by the name 

\ of the :fowl from which they came, preceded by the word "curled" 

or "chopped." 

(d) The term "curled" may be used only when the name o:f the 

feather is stated. The term " curled :feathers " shall not be used. 
323 

(e) The term " down" hall only be used to de ignate the soft 

undercoating of a waterfowl, consisting of the light, fluffy filaments 

o-rown fron1 on quill point but without any quill ·haft. The term 

may be u ed to indicate mall natural feathers which blow oYer with 

the down in the proce of eparating the clown from the feather , ; 

provided that the proportion of mall feathers doe · not exceed ten 

percent by weight. \Vhen fe< her in exc s of ten perc nt ar3 

present, the mat.erial ·hall be deemed to b a '· mixture " and the 

name and percentage of each material in the mixture shall be stateJ 

on the tag. The term " clown " includes all r eal downs and it shall 

not be necessary to indicate th kind of down but, if indicated on the 

tag as a particular kin£1 of clown, such as ' Goose Down ", " Dndc 

Down", "Eider Down", etc., the material shall be as tatecl. 

(f) The addition to down of feather fibre,'· manufactured down", 

"fake down", or any other deliberate aclulte'ration shall not lJe 

permitted unles the name and percentage of the adulterant material 

is stated on the tag. 

(g) Except as otherwi e provided, where there i more than one 

material in a mixture used for filling, the name and percentage of 

each material shall be stated on the tag, but to allow for unintentional Yariations in mixtures, a variation not in exce of ten percent 

from the amount stated on the tag shall not be considered as 

misleading. 

(vVherein a provision of the foregoing Sections 1 to 4, inclusiYe, 

is irreconciliably in conflict with a State statute, uch statute shall 

supersede within such State. It is the intent herein to preserve and 

supplement state bedding laws.) 

5. Glider Tagging.-Each glider shipped hall bear a tag conspicuously placed on which shall be legibly printed: "Glider covers 

are not guaranteed by the manufacturer to be fade-proof, waterproof, or crack-proof." ProYided, however, that if and when a 

glider manufacturer submits to the Code Authority r asonable proof 

that a particular covering is in fact fade-proof or water-proof or 

crack-proof, the aforesaid label may in such case be appropriately 

altered, upon approval of the Code Authority. 

6. Inaccurate Labeling.-No member of the indu try shall brand 

or mark or pack any goods in any manner which is intended to or 

does deceive or mi lead purcha ers with respect to the brand, grade, 

quality, quantity origin, size, substance, character, nature, finish, 

material, content, or preparation of such good . 

7. l naccu1'ate R cfeT nces to Ccmpetiton.-No member of the indu try shall publish advertising or make any statement which refers 

inaccurately in any material particular to any competitors or their 

goods, prices, values: credit terms, policies, or service. 

8. Testi1nonials.-The obtaining and using of false and misleading 

testimonials is an unfair trade practice. Any testimonial used must 

be used in the manner and form as prescribed by the Federal Trade 

Commis ion. 

9. Selli11.g on Consigmnent.-No member of the industry shall ship 

goods on consignment (or approval) except under circumstances to 

be hereafter defined by the Code Authority where peculiar circumstances of the industry require the practice. 
324 

10. Commercial Espio1WJge.-Commercia1 espionage as defined and 

exemplified in the rulings and decisions of the Federal Trade Commi sion, in any form, is an unfair trade practice. 

11. I naccurate Advertising.-N o member of the industry shall 

publish advertising (whether printed, radio, display, or of any other 

nature), which is misleading or inaccurate in any material particular, nor shall any such member in any way misrepresent any goods 

(including, but without limitation, its use, trade-mark, grade, 

quality, quantity, origin, size, substance, character, nature, finish, 

material, content, or preparation) or credit terms, values, policies, 

services, or the nature or form of the bu iness conducted. 

12. Th1•eats of Law Suits.- No member of. the industry shall publi h or circulate unjustified or unwarranted threats of legal proceedings which tend to or have the effect of harrassing competitors 

or intimidating their customers. Failure to prosecute in due course 

shall be evidence that any such threat is unwarranted or unjustified. 

13. False lnvoicing.-N o member of the industry shall knowingly 

withhold from or insert in any quotation or in\oice any statement 

that makes it inaccurate in any material particular. 

All sales shall be invoiced at the time of shipment, and records 

pertaining to uch sales shall clearly and accurately state all the 

essential elements of the sale. Failure to comply with these provi ·ions i an unfair trade practice. 

14. F1·ee Goods.-No salable merchandise may be delivered or 

given to a customer or to a consumer (except to a bona fide charity) 

without full and proper charge for same, and such charitable gifts 

shall be reported to the Association Secretary within 48 hours. 

Such reports may be given to interested members of the industry. 

15. Spif!s (Cornmercial Bribery ).-No member of the industry 

shall loan, give, permit to be given or loaned, or directly offer to 

loan or give, anything of value for the purpose of influencing or 

rewarding the action of any employee, agent, or representative of 

another in relation to the business of the employer of such employee, the principal of such agent or the represented party, without the knowledge of such employer, principal, or party ; nor shall 

such member permit such actions through or by his salesman. This 

provision shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far 

as such articles are actually used for commercial bribery as hereinabove defined. 

16. Bonus to Promote Sale of Bedcling.-In order to promote the 

sale of better bedding, a bonus may be allowed on products of the 

industry by the manufacturer thereof to the dealer, provided such 

dealer contracts with the manufacturer in writing to pay such bonus 

as an extra incentive to his salesmen as heretofore practiced in the 

industry and until terms, regulations, ·and conditions shall be here- fter promulgated by the Code Authority with the approval of the 

Administrator. 

17. Comparison of Values.-A bedding manufacturer may not attach to his product any label bearing a retail value, price, or dollar 

mark more than one hundred twenty-five percent above the price at 

which the manufacturer has sold the goods to the dealer, based on 
325 

the manufacturer's l.c.l. price f.o.b. factory or warehouse2 as the case 

may be; and in case of sale to a jobber, before deductmg jobber's 

discount. A value, price, or dollar comparison of over one hundred 

twenty-five percent above the manufacturer's price to the dealer may 

not be put on any display signs, ad-vertising signs, or other material 

which is paid for by the manufacturer. 18. Samples.-Regular sellini! prices mu t be charged on full· 

sized (or standard-sized) finished products for display purpo es. No 

credit can be given for the return of samples, including floor sam· ples. This applies only to samples submitted by a manufacturer 

to a dealer in bedding, and not to samples submitted for contract 

sales. 

19. R etwrns mrul Allowances.-No member of the industry, except 

in the exercise of right arising from breach of contract, will be permitted to accept the return of merchandise, for credit, exchange, or 

otherwi e, except where claim has been made to the dealer, within 

six months after shipment by the dealer, and then only where a 

defect in material or workmanship, caused by the manufacturer, has 

been proved, except where permitted by clauses under "Guarantees", 

and only to the extent there permitted. 

20. Interference with Oontract.-No member of the industry shall 

knowingly attempt to induce the breach of an existing contract between a competitor and his employee or customer or source of supply; nor shall any such member interfere with or obstruct the performance of such contractual duties or services. 

21. Breach of Oontract.-It shall be an unfair trade practice for 

a bedding manufacturer to repudiate any order or contract covering 

any of his purchases. 

22. Anticipation.-Granting of extra discount or intere t for 

anticipation of proper payment date shall not be allowed. 

23. T erms.-Net terms are not to exceed 60 days from date of 

shipment. 

24. Oash Discournt.-Cash di count shall not exceed 2% and shall 

not be granted where payment is made after 30 days or 2% lOth 

prox. from date of invoice. Cash eli count may only be earned by 

payment in ca h, not in trade acceptances, note , or otherwi e. 25. Ret1·oactive Quantity Discounts.-To oTant a discount or rebate based on cumulative quantities purchased over a given period is 

an unfair-trade practice. 

26. R ebates.- The giving, at any time, of any rebate or allowance 

other than as shown on a manufacturer's invoice is prohibited, 

whether in money or otherwise, except as otherwise specifically 

described and permitted in this Code. 

27. Postdating and Predating.- Postdating or predating quotations, orders, invoices, tatements, or other ales documents (usually 

done for the purpose of facilitating unfair competition) is an unfair 

trade practice, except that on gliders, April 1st dating, may be 

granted on shipments made in January, February, and ~farch of the 

same vear. 

28. urhoup Sales.-To offer purchasers or prospective purchasers a 

~roup of products for a lump sum, but in which one or more of tqe 

Items have ostensibly been reduced in price, while another item or 
326 

items have been increased in price, with the purpose or effect of 

deceiving prospective purchasers or injuring competitors, is an 

unfair-trade practice. 

29. Trade Acceptances and N otes.-It will be considered unfair 

for a bedding manufacturer to accept a trade acceptance or a note in 

settlement of any account due, unless such acceptance or note bears a 

rate of interest of not less than 6% per annum. 

30. Guarantee Against Decline.-Effective January 1, 1934, to 

guarantee merchandise against decline of price is an unfair-trade 

practice. 

31. Guarantee A gainst Adv ance.-To guarantee any purchaser or 

prospective purchaser against advance in price is an unfair trade 

practice, provided, however, that this shall not apply against a bona 

fide order or contract covering a definite quantity and specifications 

for future delivery. 

32. Malfeasance by Jobbers.-Since a substantial majority of the 

products of the industry are sold direct by the manufacturer to 

dealers, and since the purpose and effect of this Code of Fair Trade 

Practices would be otherwise defeated, it shall be an unfair method 

of competition for any member of the industry to sell his products 

to a middleman standing between the manufacturer and the dealer 

while sales practices condemned by this Code are used by such 

middleman with the knowledge of such manufacturer. This shall 

not be construed to require agreements to maintain resale prices. 

PART TWO 

The following rules set forth under Part Two of this Article 

shall apply to all members of the industry from the effective date 

of this Code and any infraction thereof shall constitute an unfair 

method of competition and may serve as the basis of complaint 

before the appropriate grievance committee as hereinbefore provided, but at any time subsequent to the approval of this Code, the 

following rules shall be subject to review by the Administrator, and 

after reasonable notice and opportunity for hearing given by him 

to the Code Authority, he may, at his discretion affirm, or disapprove 

any of said rules or may accept a modification thereof proposed by 

the Code Authority. 

1. G-uarantees.-No bedding manufacturer shall make any guarantee except that he may guarantee the contents to be as described by 

him, and he may guarantee the product against defects of material 

and workmanship for a period not to exceed six months from date of 

delivery to the ultimate consumer; except that the manufacturer 

may guarantee any mattress or boxspring sold on his l.c.l. or warehouse price list for not less than $14.50, for a period of not more 

than two years, during which period the manufacturer may repair 

same without charge, but after which time a repair charge must be 

made at actual cost but not over the rate of 20% of the manufacturer's 

l.c.l. or warehouse _price list for each year the article has been in use, 

and the manufacturer may guarantee any mattress or boxspring 

selling on his l.c.l. or warehouse price list for not less than $19.00 

for a period of not more than five years, during which period the 

manufacturer may repair same without charge; such article may be 
327 

replaced during the five-year period at actual co t but not over a 

charge of $3.00 per year of usage. Provided, however, that the Code Authority may change any of 

the afore aid prices of products to which guarantees apply in the 

event that changing market conditions warrant such action in the 

discretion of the Code Authority. Nothing herein shall be con- strued to relieve any member of the industry from warranties 

implied by law. 

2. Advertising or Promotional Allowances.-The giYing of an 

allowance, rebate, or any credit or other remuneration to a cu tamer 

for advertising or promoting in any way the sale of a manufacturer's 

goods is an unfair trade practice, unle s the dealer hall pend at 

least an equal amount with the manufacturer, and no urn shall be 

paid by the manufacturer except upon the presentation of documentary proof of the expenditure by the dealer. The documentary 

proof submitted by the dealer shall, in all ca es, be pre erved by the 

manufacturer for inspection, as directed by the Code Authority. 

Provided further that no allowance, rebate, credit, or other remuneration shall be given when, by deducting same from the billing 

price of the articles advertised or promoted, it shall bring the net 

price charged by the manufacturer below cost. 

ARTicLE VIII-SALES BELO\ Co T 

It is hereby declared to be the policy to be followed by all members 

of the industry to refrain from de tructive price cutting. It is 

agreed to be to the best interests of the consumer, the individual 

manufacturer, and also that of his employees, and productive of the 

greatest possible economic recovery for all members of the industry 

to avoid carefully the destructive economic waste caused by selling 

below cost. 

The Code Authority may adopt, as soon as practicable, eith r a 

uniform cost accounting system, a reasonable and appropriate sy tern 

for the interchange of price lists among members of the industry, 

or a system for determining standard minimum costs. The system 

so adopted shall be binding on all members of the industry, when 

approved by the Administrator. Only a violation of such approved 

system shall be basis for com plaint to any grievance committee under 

this Article. 

ARTICLE IX-MODIFICATION 

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

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the National Indu trial 

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 o-f the 

President to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. 

2. This Code, except as to provisions required by the Act, may 

be modified on the basis of experience or changes in circumstances, 

such modifications to be based upon application to the Administrator and such notice and hearing as he shall specify, and to become 

effective on approval of the President. 
328 

ARTICLE X-MONOPOLIES, Ero. 

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. 

ARTICLE XI-SPECIAL AGREEMENTS 

Reasonable notice of the submission of any agreement authorized 

to be submitted to the President by virtue and under authority of 

Section 4 (a) of the Act shall be given to the Code Authority by 

any member of the industry who proposes to make such agreement. 

ARTICLE XII-CooE CoNFLicTs 

Wherein this Code may be in conflict with a Code of another industry, the products of which are made by a bedding manufacturer, 

and should such conflict impose a hardship on such manufacturer, 

the latter shall report the matter to the Code Authority for such 

adjustment of this Code or such other action as the said Board may 

see fit, subject to the approval of the Administrator. 

ARTICLE XIII-N ONPARTNERS 

Nothing contained in this Code shall constitute the members of the 

Code Authority or of this Association partners for any purpose. 

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 

willful misfeasance or nonfeasance. 

ARTICLE XIV-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases should be delayed and that, when made, the same should, so 

far as reasonably possible, be limited to actual increases in the seller's 

costs. 

ARTICLE XV-EFFECTIVE DATE 

This Code shall become effective on the first Monday after its 

approval by the President. 

Approved Code No. 219. 

Registry No. 1607-1-01. 
BEDDING INDUSTRY Coo»--ExHIBIT "A" 

EXPLANATION OF ARTICLE VI, SECTIO 5 (A) ZONES 

(aa) These Zones, as established at pre ent and subject to such later revi ion 

as the Code Authority may deem necessary, shall be: 

The New England Z01w hall include the States of Maine, New Hamp hire, 

Vermont, Rhode Island, 1.\fassachu etts, and Connecticut. 

The Mef1·opolitan New York Zone hall include Long I ·land and the citie of 

New York and Brooklyn and all territory in the area bounded on the ea t by 

Long I land Sound, on the North by a line drawn from Connecticut border at 

Golden's Bridge westward through Summitsville, N.Y., to East Branch, N.Y., 

and on the west by a line drawn southward from Ea t Brunch along the 

Penn ylvania-New Jer ey border to Stockton. N.J., and on the south by a line 

drawn from Stockton eastward through Spot wood, N.J., to the Atlantic Ocean 

at Seabright, N.J. 

The East~ New York Z01w shall include all of the state of New York lying 

south of the Canadian border and east of a line drawn from Fair Haven, N.Y., 

southward through Ovid and Watkins to Elmira, N.Y., except that portion 

already included in the Metropolitan New York Zone. The Western Nf!no York Zone shall include all of the state of Jew York not 

included in the Eastern New York Zone and the :Metropolitan New York Zone. 

The Eastern P m1.nsylvania Zone shall include th Di trict of Columbia and 

the States of Maryland and Delaware and that portion of New Jersey lying 

south of the southern boundary of the Metropolitan New York Zone and that 

portion of Penn ylvania lying we t of the west rn boundary of the Metropolitan 

New York Zone and ea t of a line drawn from Elmira, N.Y., southward through 

New Berlin, Pa., to the Maryland border at Round Top, Pa. 

The Trestern Pervnsylvania Zone shall include all the State of Penn yl>ania 

not included in the Eastern Penn ylvania Zone and that portion of \Vest 

Virginia lying north of a line drawn from the extreme southwest tip of Pennsylvania northwestward to l\Iound ville, W.Va. 

The No1'th Carolina and Virginia Z01ws shall include the states of North 

Carolina and Virginia. 

The So1ttheastern Z01w shall include the states of South Carolina, Georgia, 

Alabama, and Florida. 

The Me'mphis Zone shall include the states of Louisiana, Mi sissippi and 

that portion of the state of Tennessee lying west of a line dr«wn south from 

Cedar Hill, Tennessee, through Kleburne Junction to Prospect Station, Tennessee. 

The Soruthm·n Ohio Zone shall include the state of Kentucky, that portion of 

the state of Tennessee which is not included in the Mis issippi Zone and that 

portion of the state of Ohio lying east of the state of Indiana and south of a 

line from Lewi burg, Ohio, eastward to and including the city of Dayton, and 

we t of a line drawn from Dayton, southward to Manchester, Ohio. 

The Northen1. OM,o Zone shall include that portion of the State of Ohio not 

included in the Southern Ohio Zone and that portion of West Virginia not 

in luded in the Western Pennsylvania Zone. 

The Indiana Zone shall include all of the state of Indiana except the extreme northwestern tip lying north and west of a line drawn from the Illinois 

border at Momence, Illinoi , northea tward through Hobart to New Buffalo, 

Michigan. 

The Northern Illinois Zone shall include that portion of the State of Indiana 

not in luded in the Indiana Zone and that portion of the State of Illinoi 

lying ea t of a line drawn from Lake l\lichigan at the Illinois-Wi consin 

border outh"estwarc1 to West Chicago and southea ward to the Indiana 

border at Momence, Illinoi . The Central Illino-is Zone shall include all of the State of Illinois lying north 

of a line drawn from the l\1i is ippi River just below Quincy, eastward through 

TowersYille and Mar hall to the Indiana. border. except that portion of Illinois 

included in the Northern Illinois Zone. 

(329) 
330 

The Detroit Zone shall include the cities of Detroit and Hamtramck, 

Michigan. 

The Michligan Zone shall include all of the state of Michigan except the 

cities of Detroit and Hamtramck and that portion of the Upper Peninsula 

lying west of a line drawn directly south from Grand Marais to Pt. Seul 

Choix. 

The Wisconsin Zone shall include that portion of the Upper Peninsula of 

Michigan not included in the Michigan Zone and all of the state of Wisconsin 

except that portion lying west of a line drawn from Saxon, Wisconsin, southward throuo-h Ingram, Stanley, and. White Hall to the Minnesota border at 

E. Winona, Wisconsin. 

The Mirvnesota Zone shall include that portion o·f the State of Wisconsin 

not included in the Wisconsin Zone, the states of 1\iinnesota, North Dakota, 

and South Dakota, that portion of the State of Montana lying east of a line 

drawn from Many Glaciers, Montana, southeastward through Simms and 

Leadboro to Bear Creek, Montana; and all of the State of Nebraska, except 

that portion lying east of a line drawn from the South Dakota-Nebraska 

border at \Vynot, Nebraska, directly southward through Rogers to the Kansas 

border at Steele City, Nebraska. 

The Iowa Zone shall include the State of Iowa and that portion of Nebraska 

not included in the Minnesota Zone. 

The Missouri Zone shall include that portion of Illinois not included in the 

Central and Northern Illinois Zones and all of the State of Missouri lying east 

of a line drawn from the Iowa border at Howland, Missouri, southward through 

Booneville to the Arkansas border at Pontiac, Missouri. 

The Kansa.s Zone shall include the State of Kansas and that portion of the 

State of Missouri not included in the Missouri Zone. 

The Arkansas Zone shall include the State of Arkansas. 

The Oklalwma Zone shall include the State of Oklahoma. 

The T ea:as Zone shall include all of the State of Texas south of Oklahoma, 

east of Mexico, and east of a line drawn from the Mexican border at Del Rio 

northward through Robert Lee and Guthrie to the southwest tip of Oklahoma. 

The Denve·r Zone shall include that portion of the State of Texas not included 

in the Texas Zone, the States of New Mexico and Colorado, and all of the 

State of Wyoming except the portion lying west of a line drawn from the 

Montana border at Chance, Montana, southward through Leekie, Wyoming, to 

the northwestern tip of the State of Colorado. 

The Utah Zone shall include that portion of the State of Wyoming not included in the Denver Zone; that portion of the State of Idaho lying south of a 

line drawn from the northwest tip of Wyoming eastward through Gillmore and 

Cambridge, Idaho, to the Oregon border at Buchan, Oregon; the State of 

Utah; that portion of the State of Nevada lying south of Idaho and east of a line 

drawn from the southwest tip of Idaho southward through Nelson and Austin, 

Nevada, to the California border at Mud Spring; and all of the State of Arizona 

except the portion lying south and west of a line drawn from the southeastern 

tip of Arizona northwestward through Camp McDowell Indian Reservation to 

the southeastern tip of Nevada. 

The Northe?"'l Pacific Zone shall include the States of Oregon and Washington, that portion of Idaho not included in the Utah Zone, and that portion of 

Montana not included in the Minnesota Zone. 

The Ce?ltral Pacific Zone shall include that portion of the State of Nevada not 

included in the Utah Zone and that portion of the State of California lying 

north of a line from the Nevada border at Mud Spring, Nevada, westward 

through Tarpey, California, and southwestward to the Pacific Ocean at Bryson, 

California. 

The Southern Pacific Zone shall include that portion of the State of California 

not included in the Central Pacific Zone and that portion of the State of Arizona 

not included in the Utah Zone. 

0 

UNIVERSITY OF FLORIDA 

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