NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR c ,o ,MPETITION 

FOR THE 

BEAUTY SHOP INDUSTRY 

AS SUBMITTED ON AUGUST 26, 1933 

REGISTRY No. 1708-2-69 

The Code for the Beauty Shop 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 

. -·. ~ o--: .......... 

U.8. DEPOMT~ 

as applying to this industry 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington. n (; - - • • - - • • PrkA 5 centR 

INDUSTRIAL RECOVERY CODE AND CODE OF FAIR COMPETITION FOR THE BEAUTY SHOP INDUSTRY 

SUBMITTED BY THE NATIONAL HAIRDRESSERS AND COSMETOLOGISTS' ASSOCIATION 

ARTICLE I-PURPOSE 

To effectuate the policy of Title 1 of the National Industrial Recovery Act, during the period of emergency, by reducing and relieving 

unemployment, improving the standards of labor, eliminating competitive practices destructive to the interest of the public, employees 

and employers, relieving the disastrous effects of overcapacity, and 

otherwise rehabilitating the beauty shop industry, and by increasing 

the consumption of industrial and agricultural products by increased 

purchasing power, and in other respects, the following provisions are 

established as a Code of Fair Competition for the Beauty Shop 

Industry. 

ARTICLE II-DEFINITIONS 

(a) The term "beauty culture industry" as used herein includes, 

but is not limited to, the vocation of the persons, firms, or corporations 

owning, conducting, operating, or managing beauty shops (also 

known as hairdressing, cosmetologist, and cosmetician shops), and 

of persons employed therein practicing beauty culture and other 

related branches as may be included in the provisions of this Code 

from time to time; and the term "beauty culture" shall include any 

and all work done for compensation either directly or indirectly, by 

any person, which work is usually performed by so-called hairdressers, cosmetologists, cosmeticians, or beauty culturists in so-called 

hairdressing and beauty shops (or however denominated) ordinarily 

patronized by women, which is for the embellishment, cleanliness, 

and beautification of the woman's hair, such as arranging, bleaching, 

cleansing, coloring, curling, cutting, dressing, singeing, waving (including permanent waving), or similar work thereon or thereabout; and 

the cleansing, exercising, massaging, manipulating, stimulating, or 

similar work upon the scalp, face, arms, or hands by the use of 

manual, or mechanical, or electrically operated apparatus or appliances, or antiseptics, cosmetics, creams, lotions, preparations, tonics, 

or by any other means; and the manicuring of the nails, which 

enumerated practices shall be inclusive of the practice of beauty 

culture but not in limitation thereof; or as otherwise defined by State 

Laws wherever laws governing the vocation are in. force. 

(b) The term "Employer", as used herein, means any of those by 

whom persons are employed to do such work. 

(c) The term "Employee" as used herein means any person employed in the conduct of any phase of the vocation. 

(d) The term "Effective Date" as used herein means the eleventh 

day after this code shall have been approved by the President of the 

United States. 

8177-33 (1) 
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(e) Population for the purpose of this code shall be determined by 

reference to the 1930 Federal Census. 

ARTICLE III-LABOR PROVISIONS 

(a) Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from interference, restraint or coercion of employers of labor, 

or their agents, in the designation of such representatives, or in selforganization, or in any other concerted activities for the purpose of 

collective bargaining or other mutual aid or protection. 

(b) No employee and no other seeking employment shall be required as a condition of employment to join any company union or 

to refrain from joining, organizing, or assisting a labor organization 

of his or her own choosing. 

(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved 

or prescribed by the President. 

ARTICLE IV-CHILD LABOR 

On and after the effective date of this Code, no person under sixteen (16) years of age shall be employed; provided, that where a 

State law specifies a higher minimum age, no person below the age 

specified by such State law shall be employed within that State. 

ARTICLE V-PENAL LABOR 

No penal labor shall be used in the industry governed by this 

Code. 

ARTICLE VI-HOURS 

On and after the effective date of this Code, no employee may be 

employed in any beauty shop for more. than forty-eight (48) hours in 

any one week, and not more than eight (8) hours in any one day; 

provided, in the case of the day before a legal holiday, or for the purpose of taking care of the demands created by an extraordinary or 

special social event, when sanctioned by the District Control Committee (hereinafter provided) then those hours may be extended upon the 

payment of one and one third ·overtime; but in no event shall such 

overtime exceed three (3) hours in any one week. 

Executives earning a salary of at least $35.00 per week are exempt 

as to the provisions governing hours; provided, however, that when 

the owner, partner, and/or executive is actually engaged in the practice of beauty culture, then such owner, partner, and/or executive is 

subject to the hourly limitations insofar as beauty-culture service is 

concerned. 

(b) The hours of beauty-shop operation shall not be reduced to 

below fifty-two (52) in any one week, unless such hours were less than 

fifty-two (52) per week before July 1, 1933, and in the latter ca e the 

hours shall not be reduced at all. (c) Provided, howeiser, That in bona-fide resorts having a well-defined 

social season, the hours of any beauty shops may be reduced to below 

fifty-two (52) in any one week when sanctioned by the District Control 

Committee (hereinafter provided) having jurisdiction. 
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(d) "here the State law specifies a lower maximum number of hours 

that may be worked, no employee may be worked above the maximum 

so specified by such State law within that State. 

ARTICLE VII-WAGES 

(a) Employees shall be paid not less than fifteen dollars ($15.00) 

per week in any city of over five hundred thousand (500,000) population or in the imn1ediate trade area of said city; and not less than fourteen dollars ($14.00) per week in any city of five hundred thousand 

(500,000) population or less, or in the im.mediate trade area of such 

city; and in towns of less than two thousand five hundred (2,500) 

population, no employee shall be paid less than twelve dollars ($12.00) 

per week. 

(b) Whenever commissions are paid as wages, the minimum wage 

per week set forth in this article shall be guaranteed, and tips and 

other gratuities received by employees shall not be construed as part 

of the wages earned by such employees. 

(c) Where a state law specifies a higher minimum wage, no employee may be paid less than the minimum wage specified by such state 

law within that state. 

ARTICLE VIII.-ADMINISTRATION 

(a) District Control Committee.-There shall be a District Control 

Committee of the National Hairdressers' and Cosmetologists' Association in each of the Federal Reserve Bank Districts of the United 

States. The chairmen of such committees shall be designated by the 

National Hairdressers' and Cosnietologists' Association. One half of 

these respective chairmen so designated shall hold office for a period 

terminating the end of the second year from the effective date of this 

Code. The remaining half of these respective chairmen so designated 

shall hold office for a period terminating the end of the first year from 

the effective date of this Code: Provided, however, That in each case 

said chairman shall continue to hold office until his successor shall 

have been duly designated by the National Hairdressers' and 

Cosmetologists' Association and shall have qualified. 

Each such District may be divided into geographical divisions having well-defined trade areas, and the District Chairman thereof may 

appoint one or more persons who shall have been approved by the 

National Hairdressers' and Cosmetologists' Association, who, together with said Chairman, shall function as the District Control 

Committee in said District. 

(b) Proposals jn respect to matters affecting more than one division 

within any one djstrict may be initiated by any such division, but 

shall be submitted for consideration and approval to the District 

Control Committee thereof, and its determination shall be binding 

upon said dinsion and upon all other divisions of said District affected 

thereby. 

Whenever a State law shall have jurisdiction over the subj ect matter 

of any action taken or ·within the purview of the administration of 

such District Control Committee, such State law shall govern ,,-ithin 

the territory of such State the.reny affected. 

(c) Such District Control Committee is also set up to cooperate with 

the N atjonal Recovery Admimstration to secure adherence to this 
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Code; to hear and adjust complaints within jts district; to determine 

the minimum prices as herein provided; to sanction extension of working hours or reduction of operating hours as provided in Article VI 

of this Code; to consider proposals for amendments hereto, and 

otherwise carry out the purpose of the National Industrial Recovery 

Act as set forth in this Code. 

(d) National Control Committee.-There shall be a National Control 

Committee of the National Hairdressers' and Cosmetologists' Association, which shall consist of the chairmen of each of the District Control Committees; provided, however, that each said District Chairman 

shall have the right to designate a vice chairman from among the 

members of his respective district control committee, who shall act 

in his stead during his pleasure or periods of absence or inability to 

serve. The Chairman of the National Control Committee shall be 

designated by the National Hairdressers' and Cosmetologists' Association; provided, however, that in the event such Association shall 

fail to designate such National Control Committee Chairman within 

reasonable time, then the membership of the National Control Committee shall elect its own chairman. The Chairman of the National 

Control Committee shall not be a District Control Committee chairman during the period of his tenure of National Control Committee 

office. 

(e) The National Control Committee shall be the general planning 

and coordinating agency of the industry. It shall have such powers 

and duties as may be necessary and proper to administer fully and 

effectuate the purpose of this Code with respect to the Beauty Culture 

Industry; and in addition thereto it shall: 

(1) Require, as in its judgment may be necessa.ry to adequately 

advise it from time to time for the administration and enforcement 

of the provisions of this Code, relevant reports from each District 

Control Committee; 

(2) Upon complaint of interested persons or upon its own initiative, 

make such investigation or inquiry into the operation or enforcement 

of this Code as may be necessary; 

(3) Adopt such reasonable rules and regulations as may be necessary 

for the administration and enforcement of this Code; 

(4) Elect its officers (except that it shall not elect its chairman 

unless the National Hairdressers' and Cos1netologists' Association 

shall have failed to have designated such chairman as provided in 

paragraph "d" in the foregoing); 

(5) Designate the duties of such officers; 

(6) Provide for the financing of the operation of this Code payable 

in assessments of equitable proportion by aJl persons, firms, or corporations participating in it: Provided, however, That if the said National 

Control Committee shall at any time determine that there is a surplus 

on hand from assessments so collected in excess of the moneys needed 

for such administration and enforcement, then, in that event, the 

National Control Committee may, at any meeting, set aside in a special account all or any portion of said surplus which sum shall be held 

therein. The next Convention of the National Hairdressers' and Cosmetologists' Association may order the expenditure of any or all of 

the amount so set aside and so held: Provided, however, That same is 

expended only for the benefit of the entire beauty shop industry: And 

provided further, That the said National Hairdressers' and Cosme-
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tologists' Association shall have caused to be published in its own 

official journal, or in at least two trade journals devoted to the interests of the beauty shop industry and of general circulation therein, 

notice of this contemplated action, and such notice appear at least --- days previous to such Convention during which such contemplated action is desired to be taken. 

(f) The National Control Committee may designate agent or 

agents as it may determine necessary from time to time, to which 

agent or agents it may delegate any or all of its specific authority 

necessary for the proper execution of the duty or duties assigned to 

such agent or agents. 

(g) The National Control Committee may authorize any or all of 

its District Control Committees to similarly designate agent or agents 

to whom such District Control Committee may delegate any or all 

of said District Control Committee's specific authority necessary for 

the proper execution of any or all of said District Control Committee's 

duties. 

(h) The National Control Committee shall serve as an executive 

agency for the participants of this Code. It shall be charged with the 

administration and enforcement of the provisions of this Code; of 

hearing and adjusting complaints or causing them to be referred to 

the National Recovery Administration for action. , (i) The National Control Committee shall consider proposals for 

amendments to this Code and shall report on same with recommendations, to the National Hairdressers and Cosmetologists' Association 

for action. 

(j) The National Control Committee shall be the general planning 

and coordinating agency for the Beauty Shop industry, and shall 

cooperate with organizations of other industries to the end of affecting 

a balance of national economy. 

ARTICLE IX-PARTICIPATION 

(a) Participation in trus Code and any subsequent revis10ns, 

amendments of, or additions to this Code shall be extended to any 

person engaged in the Beauty Culture industry who accepts his share 

of the cost and responsjbiljty, as well as the benefit, of such participation by becoming a party to said Code. 

(b) Failure to pay assessments levied by authority and order of the 

National Control Committee as herein provided, within thirty (30) 

days after same shall have become payable, shall constitute a violation 

of this Code. 

ARTICLE X-TRADE PRACTICE RULES 

Any provisions included in this Code, and such other provisions 

as may be provided to be included herein under the National Recovery 

Act, may, with the approval of the President, be modified or eliminated as changes in circumstances and experience may indicate. It is 

contemplated that supplementary provisions to this Code or additional 

codes will be submitted to the President from time to time to prevent 

unfair competition in prices and other destructive and unfair competitive practices, and to effectuate the other policies of Title 1 of the 

National Industrial Recovery Act; and it is further contemplated to 

proceed to formulate rules of fair trade practice forthwith, w hie~ shall 

be grouped together with other similar provisions if and when formu-
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIIII II IIIIII IIII Ill llll I I 

3 1262 08585 3009 6 

lated and made part of this Code, whereby such provisions may have 

complete separation in every way so that the scope of the various codes 

of the manufacturers of beauty culture articles, equipment and/or 

supplies; of the wholesale distributors thereof; of the schools for the 

teaching of beauty culture; of other retailers or practitioners in the 

same general or related industries, do not unreasonably invade each 

other. 

We now declare the following to be unfair trade practices: 

(a) To render service or sell merchandise below the average reasonable cost of production of such service, or of such merchandise, plus a 

profit of fifteen percentum (15%) according to a standard method of 

costing which shall be provided by the National Control Committee 

and adapted by each District Control Committee to conditions which 

may be peculiar to that particular District. 

(b) For a school to make a charge for beauty culture work done 

therein, except that such school make such charge for work done only 

in a special department which is entirely separate from that devoted 

to the teaching of beauty culture to students, and further excepted 

that said department wherein work is done for the public for pay, shall · 

be considered a beauty shop and shall automatically be placed under 

the government of thi', Code. 

(c) For a school, by advertising device or design, or by oral representation, to conceal its identity as an institute of learning; or to 

neglect to make its status as a school apparent either by advertising 

device or design, or oral representation, and the posting of conspicuous signs on or about the premises, whereby a prudent member of 

the public would have inadequate nrnans of knowing that the work 

performed or the service given therein is of a clinical nature only: 

Provided, however, That a beauty culture school may maintain a 

department for expert graduate service as provided in paragraph "b" 

immediately above and placing itself under the government of this 

Code. 

ARTICLE XI. GENERAL 

No provision of this Code shall be interpreted to apply m any 

manner as to: 

(1) Promote monopolies; · 

(2) Permit or encourage any unfair competition; 

(3) Eliminate or oppress small enterprises; 

(4) Discriminate against small ·enterprises. 

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