Approved Code No. 51-Amendment No. 2 Registry No. 1661-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETlTION 

FOR THE 

UMBRELLA MANUFACTURING 

INDUSTRY 

AS APPROVED ON JULY 27, 1934 

WE DO OUR PARr 

~ - - ;. :a. Alt o- · s - .... 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 51-Amendment No. 2 

AMENDMENT TO CODE OF F AIR COMPETITION 

FOR THE 

UMBRELLA MANUFACTURING INDUSTRY 

As Approved on July 27, 1934 

ORDER 

APPROVING AMENDl\IENTS TO CoDE OF FAIR CoMPETITION FOR THE 

U:rviDRELLA 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 the Code of Fair Competition for the Umbrella l\1anufacturing 

Industry, and hearing. having been duly held thereon and the annexed report on said Amendments, containing findings with respect 

thereto, having been made and directed to the President: 

NO\V, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. John on, Administrator for Industrial Recovery, 

pursu.ant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 

1933, and otherwise, do hereby incorporate, by reference, said annexed 

report and do find that said Amendment· and the Code as constituted 

after being amended comply 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 s.aicl Amendments be and they 

are hereby approved, and that the previous approval of said Code 

is hereby modified to include an approval of said Code in its entirety 

as amended. 

It is further ordered that wherever in said Code or Am_endments 

to said Code the words " Planning and Fair Practice Agency " areused, the words "Code Authority" shall be substituted therefor. 

HuGH S. JoHNSON, 

Ad1ninistrator for I ndustrial Recovery. 

Approval recommended: 

GEo. L. BERRY, 

Di1)ision Ad1ninist1·ator. 

WASHINGTON, D.C., 

J uly 137, 1934. 

76481°----829-145----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White Hou.se. 

Sm: The public hearing on the Amendments to the Code of Fair 

Competition for the Umbrella Manufacturing Indu try of the United 

States, submitted by the Planning and Fair Practice Agency for 

said Industry, located at 347 Fifth Avenue, New York, was conducted in \V ashington on June 14, 1934, in accordance with the 

provisions of the National Industrial Recovery Act. 

Provisions are incorporated in these Amendments which will tend 

to improve the working conditions of the employees within this 

Industry. There are also submitted herewith Amendments which 

will allow the Administrator additional control over the actions of 

the Code Authority for this Industry. Other Amendments deal 

with fair trade practice , some of which are a re-statement of those 

already in the Code while others are. new to the Industry. It is 

felt that the adoption of the e additional fair trade practices by 

the Industry will encourage fair competition within that Industry. 

The Amendment submitted by the Industry, which has to do with 

the authority of the Administrator to determine an emergency, is 

of utmost importance and necessity to this Indu try. It was clearly 

shown at the public hearing on the proposed Am.endments that one 

unit. in the Industry could meet the entire consumer demand for 

the products of this Industry whereas there are seventy-seven (77) 

members of the Industry engaged in the manufacture of umbrellas. 

The Deputy Administrator in his final report to me on said 

Amendments to said Code having found as herein set forth and on 

the basis of all the proceedings in this matter : 

I find that: 

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

well designed to promote the policies and purpos€s of Title I of the 

National Industrial Recovery Act including the removal of ob tructions to the free flow of interstate and foreign commerce which tend 

to dimini h the amount thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpos·e 

of cooperative action of labor and management under adequate 

govermnental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest pos ible utiliz2tion of the 

present productive capacity of industries, by avoiding undue r estriction 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 otherwis-e 

rehabilitating industry. 

(b ) Th Code as an1ended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation 

(2) 
3 

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

(c) The Code empowers the Code Authority to present the aforesaid Amendments on behalf of the industry as a whole. 

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

to and will not permit monopolies or monopoli tic practices. 

(e) The Amendments and the Code as amended are not designed 

to and will not eliminate or oppress small enterprises and will not 

operate to discriminate again t 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 

Amendments. 

This Industry has cooperated in a most sahsfactory manner with 

the Administration in the preparation of these Amendments to this 

Code. From the evi lence adduced during this hearing and from 

recommendations and report from the various Advi ory Boards, it 

is believed that the e Amendments as now proposed and revised 

represent an effective, practical, equitable solution for this Industry 

and for these reasons have been approved. 

Respectfully, 

HUGH s. JOHNSON' 

A cl1ninis trator. 

JULY 27, 1934. 
AMENDMENT TO CODE OF FAIR C0~1PETITION FOR 

THE UMBRELLA MANUFACTURING INDUSTRY 

ARTICLE III-HoURs 

Add as additional Section: 

3. No employer shall knowingly permit any employee to work 

for any time which, when added to the time spent at work for another employer or employers in this industry, exceeds the maximum 

permitted herein. 

ARTICLE IV-'V AGES 

Delete present Section 3 and insert in lieu thereof: 

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

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

wage below the minimum 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 for such hours as shall be stated in the certificate. E ach 

employer shall file monthly with the Planning and Fair Practice 

Agency a list of all such persons employed by him, showing the 

wao·es paid to, and the maximum hours of work for such employees. 

Add as additional Sections: 

6. Female employees performing substantially the same work as 

male employees shall receive the same rate of pay as male employees. 

7. No employer shall r eclassify employees or duties of occupations 

performe.d or engage in any other subterfuge. so as to defeat the 

purposes or provisions of the Act or of this Code. 

8. Every employer shall provide for the safety and health of employees during the. hour and at the plac.es of their employment. 

Standards for safety and health shall be submitted to the Administrator within three months after the effective date of this Amendment. 

AnTICLE V-CHILD L ABOR 

Delete present article and insert in lieu thereof : 

No person und·er sixteen (16) years of age shall be employed in 

the Industry. No person under eighteen (18) years of age shall he 

employed in the industry at operations or occupations hazardous in 

nature or detrimental to health. The Planning and Fair Practice 

Agency shall submit to the Administrator for his approval within 

sixty (60) days after the effcctiYe date of thi. Amendment a list of 

such occupations. In any State any employer shall be deemed to 

havp complied with thi provision as to age if he shall have on file a 

certificate or pu·mit, duly signed by the Authority in such State 

empowered to issue employment or age certificates or permits show- ing that the employee is of the required age. 

(4) 
5 

ARTICLE VII-ADMINISTRATION 

Add as additional Sections: 

6. I f the Administrator shall at any time. determine that any 

action of the Planning and Fair Practice Agency or any agency 

thereof may be unfair or unjust or contrary to the public interest, 

the Administrator may r-equire that such action be snspended to 

afford an opportunity for investigation of the merits of such action 

and further consideration by such Planning and Fair Practice 

Agency or agency pending final action which shall not be effective 

unless the Administrator approves or unless he shall fail to disapprove after thirty (30) days' notice to him of intention to proceed 

with such action in its original or modified form. 

7. Each trade or industrial association directly or indirectly participating in the selection or activities of the Planning and Fair 

Practice Agency shall ( 1) impose no inequitable restrictions on 

membership, and (2) submit to the Administrator true copies of its 

articles of association, by-laws, regulations, and any amendments 

when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem 

necessary to effectuate the purpose of the Act. 

8. In order that the Planning and Fair Practice Agency shall at 

all times be truly representative of the Industry and in other respects comply with the provisions of the Act, the Administrator may 

prescribe such hearings as he may deem proper and thereafter if he 

shall find that the Planning and Fair Practice Agency is not truly 

representative or does not in other respects comply with the provisions of the Act, may require an appropriate modification of the 

Planning and Fair Practice Agency. 

9. Nothing contained in this Code shall constitute the members of 

the Planning and Fair Practice Agency partners for any purpose. 

Nor shall any member of the Planning and Fair Practice Agency be 

liable in any manner to anyone for any act of any other member, 

officer, agent or employee of the Planning and Fair Practice Agency. 

Nor shall any member of the Planning and Fa.ir Practice Agency, 

exercising rea ·onable 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. 

10. (a) If the Administrator, after investig'ation shall at any time 

find both (1) that an emergency has arisen within the industry adver ely affecting small enterprises or wages or labor conditions, or 

tending toward monopoly or other acute conditions which tend to 

defeat the purposes of the Act; and (2) that the determination of 

the stated minimum price for a specified product within the industry 

for a limited period is necessary to mitigate the conditions constitutina such emergency and to effectuate the purposes of the Act, the 

Plan~ing and Fair Practice Agency may cause an. i:r:npartial agency 

to investigate costs and to recommend to the Administrator a determination of the stated minimum price of the product affected by the 

emergency and the1~e~1pon the. Administrator may proceed to determine such stated m1n1mum pnce. (b) When the Administrator shall have determined s~1ch sta!ed 

minimum price for a specified product for a stated penod, which 
6 

price shall be reasonably calculated to mitigate the cond_itions o£ 

such emergency and to effectuate the purposes of the N atwnal Industrial RecoYery Act, he shall publish such price. Thereafter, dur-

·ino· such stated period, no member of the industry shall sell such sp~cified products at a net realized price below said stated minimum 

price und any such sale. shall be deemed destructive price cutting. 

From time to time, the Planning and Fair Practice Agency may 

recommend Teview or reconsideration or the Administrator may 

cause any determinations hereunder to be reviewed or reconsidered 

and appropriate action taken. 

Ar.nCLE VIII-Pmc:Es A"XD TER1IS OF \Yl\mKT 

SECTION 1. Delete ·perioJ a.t end of first sentence and add: 

provided, however, that any member of this industry may sell his 

products below his cost in order to meet bona fide competition of comparable products in any specific instance, provided the competitive 

price does not violate provisions of the Code. 

SECTION 2. Delete period at end o:f Section and add : 

provided, however, that any member of this Industry may sell his 

products below his cost in order to meet bona fiG.le competition of 

comparable products in any specific in tance. 

ARTICLE IX-UNFAIR METHODS OF Co:!.\IPETITION 

Delete present 1 (a) and "insert in lieu thereof: 

1. (a) .No member o:f the industry shall secretly offer or make any 

payment of allowance or a rebate, refund, commission, credit, unearned discount or excess allowt:tnce, whether in the forn1 of money 

or otherwise, nor shall a member of the industry secretly offer or 

extend to any customer any special service or privilege not extended 

to all customers of the same class, :for the purpose of influencing a 

sale. 

Add as additional sub-sections :-

(p) No member of the Industry shall publish advertising (whether 

,printed, radio, display, or of any other nature), which is mislead- ing or inaccurate in any material particular, nor shall any 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, valu-es, policies, services, or the nature or form of the 

business conducted. 

(q) No member of the Industry shall knowingly withhold from 

or insert in any quotation or invoice any statement that .makes it 

inaccurate in any material particular. 

(r) No 1nember of the Industry shall publish or circulate unjustified or unwarranted threats of legal proceedings which tend to 

or have the effect of hara sing competitors or intimidating their 

customers. 

(s) No member of the Industry shall require that the purchase or 

lease of any goods be a prerequisite to the purchase or lease of r..ny 

other goods. 
7 

ARTICLE X-GENERAL 

D elete present 8 and insert in lieu thereof : 

8. The Planning and Fair Practice Agency shall have the power 

t o obtain from members of the Industry such information and Fe- ports as are required for the administration of the Code. In addit ion to information required to be submitted to the Planning and 

Fair Practice Agency members of the Industry subject to this Code 

shall furni h such statistical information as the Auministrator may 

deem nece ary for the purposes recited in Section 3 (a) of the Act 

t o such Federal and State agencies as he may de ·ignate; provided 

that nothing in thjs Code shall relieve any member of the Industry 

of any existing obligations to furni~ h reports to any Government 

agency. No individual report ·hall be disclosed to any other member of the I ndustry or any other party except to such other Governmental agencies as may be directed by the Administrntor. 

Add as additional Section : 

10. All employers shall post and keep posted copies of this Code 

and all amendments thereto in conspicuous places accessible to all 

employees. Every member of the Industry shall comply \vith all 

rules and regulations relative to the posting of provi ions of Codes 

of Fair Competition which may from time to time be prescribed by 

the Administrator. 

Approved Code No. 51-Amendment No. 2. 

Registry No. 1661-1-01. 

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