V 

Approved Code No. 142-Amendment No. 3 Registry No. 1631-11 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL JEWELRY TRADE 

AS APPROVED ON NOVEMBER 30, 1934 

WE DO OUR PARr 

r A l I O ~ ~-~ ~ . ----

U.S. DEPOS'tTOAY 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 142-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL JEWELRY TRADE 

As Approved on November 30, 1934 

ORDER 

APPROVING AMENDMENT OF CODE OF F AIR COMPETITION FOR THE 

R ETAIL JEWELRY TRADE 

An applicati9n 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 Retail J ewelry Trade, and 

hearings having been duly held thereon and the annexed report on 

said amendments, containing findings with re pect thereto, having 

been made and directed to the President : 

NO,V, THEREFORE, on behalf of the Pre iclent of the United 

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

Executive Order No. 6859, dated September 27, 1934, and otherwise; 

does hereby incorporate, by reference, said annexed report and does 

find that said amendments and the Code us constituted after be1ng 

amended comply in all respects with the pertinent provisions and 

will promote the policy and purposes of said Title of said Act, and 

does hereby order that said amendments be and they are hereby approved, and that the previous approval of said Code is hereby 

amended to include an approval of said Code in its entirety as 

amended. • 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended : 

ROBERT L. HOUSTON' 

Division Administrator. 

WASHINGTON, D. c., 

November 30, 1934. 

100033°-1325-113-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The Wh#e House. 

Srn : This is a report of the Hearing on certain amendments to the 

Code of Fair Competition for the Retail Jewelry Trade, conducted 

in the Rose Room of the Washington Hotel, Washington, D. C., on 

July 19, 1934; and of a Hearing on an amendment to said Code conducted in Room 128 of the Willard Hotel, Washington, D. C. on May 

5, 1934. The amendments which are attached were presented by the 

National Retail Jewelry Code Authority, the duly qualified and 

authorized representative of the Trade. 

The first of the annexed amendments permits professional persons 

employed in working at their profession, to work unlimited hours, 

provided they receive at least the same minimum wages established 

in this Code for executives. Prior to this amendment there was no 

re triction as to the hours of labor of professional persons, and due 

to the nature of the work of professional persons, it is felt that no 

re -trictions a to their hours of labor should be contained in the 

Code providing such profes ional persons receive adequate compensation for their labors. 

The second of the annexed amendments permits employees who 

are e pecially c::killed to work without restriction as to the maximum 

hour o:f labor during peak periods, provided that such employment 

is compensated for at the rate of time and one-half. Inasmuch as 

durjng such peak easons it is often difficult to obt~in skilled workmen, such us watchmakers, watch repairmen, engra, ers and setters, 

and ina much as it is often impractical to employ new employees 

whose integrity is not established to handle articles of such high 

value which might ea ily be stolen and who are not familiar with 

the particular work of the establishment in such high skilled lines, 

it is felt that this amendment is nece sary and proper. 

The third amendment annexed hereto, prohibits the piracy of original designs of one retail jeweler by another retail jeweler, when 

such original design is registered within 48 hours of its creation 

with the appropriate Code Authority. Through this provision, a 

very unfair practice will be eliminated and the positions of designers 

employed by retail jewelers will be more secure. Without such protection, many retail jewelers could not afford to employ a. designer, 

for other retail jewelers who made use of such designs could produce 

jnwelry ba eel on the original design at a lower cost than the jeweler 

,,;rho had the expensP, of creating the design. 

The fourth amendment annexed hereto, regulates advertisements 

concerning the sale of jewelry merchandise on installment payment 

plans in such a manner as to make certain that the consumer will 

not be misled as to any obligations which he will have to contract 

in addition to the cash price in order to obtain the benefits of paying 

the purchase price over a period of time. It is felt that this amendment will prove beneficial both to the great bulk of retail jewelers 

and to the conswning public. 

(2) 
3 

The fifth of these annexed amendments is a revision of the former 

provision prescribing a limit on the number of persons who may 

work unrestricted hours under the Code. While it is felt advisable 

to permit certain types of employees, such as executives and professional persons, to work unrestricted hours, due to the nature of 

their occupation, it is felt that in order t o promote the purposes of 

the National Industrial Recovery Act in increasing employment and 

bettering the position of employees, a r easonable limit should be 

placed upon the number of persons wh_o may work unrestricted hours 

under the Code provisions. It is felt that this provision as amended 

sets a limit which is equitable both to the retail jewelers concerned 

and their employees. 

The Deputy Administrator in his final report to the National 

Industrial Recovery Board on said amendm.ents to sa jd Code having 

found as herein set forth and on the ba is of all the proceedings in 

this matter; 

It finds that: 

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

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

National Industrial Recovery Act including the removal of ob- structions to the free flow of interstate and foreii2:n commerce which 

tend to diminish the amount thereof, and will provide for the gen- eral welfare by promoting the organization of industry for the purpose of cooperative action among trade groups, by inducing and 

maintaining united action of labor and manag 0 ment under rdequate 

governmental sanction and supervision: by eliminating unfair competitive practices, by promoting the fullest possible utilization of 

the pre ent productive capacjty of industries, by avoiding undue 

restrictions 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 

rehabilitatino- industry. (b) The Code as amended complies in a.11 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. ( c) The Code empowers the National Retail J ewelry Code Authority to pre.sent the aforesaid amendments on behalf of the Trade 

as a whole. 

( d) The amendments and the Code as amended are not desig- nated to and will not permit monopolies or monopolistic 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 against them. 

( f) Those engaged in other step,s of the economic process have 

not been deprived of the right to be heard prior to approval of said 

amendments. 

For these reasons the amendments have been approved. 

For the National Industrial Recovery Board : 

NOVEMBER 30, 1934. 

w. A. H ARRI MAN, 

Administrative Officer. 
~IBNDMENT TO CODE OF FAIR COMPETITION FOR 

THE RETAIL JEWELRY TRADE 

Subsection (a) of Article IV, Section 4 shall be amended to read 

as follows: 

(a) The maximum periods of labor prescribed in Section 1 of this 

Article shall not apply to professional persons employed and working at their profession, who are receiving salaries on the same basis 

as specified for executives in paragraph ( c) of this Section, or to 

outside salesmen, outside collectors, watchmen, guards, and store 

detectives. 

Add the following paragraph to Subsection ( d) of Article IV, 

Section 4: 

During such peak periods employees who are especially skilled, 

such as watchmakers, watch-repairmen, engravers, designers, polishers, and setters, may work without restrictions as to the maximum 

periods of labor otherwise prescribed for such peak periods and without regard to the consecutive hour provision of Article IV, Section 

6; provided, however, that time and one-half shall be paid for any 

hour ,vorked in exce s of the maximum daily hours otherwise permitted in such periods, and prov died further, that the employer shall 

first, without success, have made a bona fide effort to obtain additional employees. · 

Add a new Subsection ( r) to Article VIII, Section 1 : 

( r) No retail jeweler shall take orders for, or imitate, a current 

original design of another retail jeweler, which design is registered 

within 48 hours of its creation with the appropriate Local Retail 

Jewelry Code Authority, or if there be no Local Code Authority, 

with the National Retail Jewelry Code Authority; nor do any work 

en any such registered design except with the written consent of the 

person making the registration. The protection of any individual 

registered design under this provision shall extend for six months 

from the date of such registration and no longer. The National 

Retail Jewelry Code Authority shall, subject to the disapproval of 

the National Recovery Administration, promulgatB such rules and 

regulations concerning registration as may be necessary to provide 

that only such current designs as meet the requirements of this provision . s~all be registered and for the proper enforcement of this 

prov1s10n. 

Add a new Subsection ( s) to Article VIII, Section 1: 

(s) Advertisements offering merchandise for sale on installment 

paymen't plans shall clearly and unequivocally indicate the cash 

price, and separately in one total amount, all interest charges and 

all other charges which are added to the price at which such merchandise will be sold for cash, and/or which must be paid in excess 

of the cash price in order to obtain title to the merchandise so 

advertised. 

(4) 
5 

The following paragraph shall be substituted :for Section 5 of 

Article IV: 

5. Limitation Up,on Nwrnber of Persons Working UnrestrioteJ 

H ours.-N otwithstanding the provisions of the foregoing Sections 

of this Article and regardless of the number of persons otherwise 

permitted to work unrestricted hours, the total number of workers in 

any establishment ( whether such workers are executives, proprietors, 

partners, persons not receiving monetary wages, and others) who 

shall be permitted to work unrestricted hours shall not exceed the 

following ratio, to be computed upon the average number of employees during the preceding twelve (12) months, unless the e tablishment has been operating less than twelve. (12) months, in which 

case the number of employees of instant date shall be the basis upon 

which computation shall be made: In establishments comprised of 

twenty (20) workers or less, the total number of workers who may 

work unrestricted hours (not including those worker · specified in 

subsections (a) , (b), and the second paragraph of subsection ( d) 

of Section 4 of this Article) shall not exceed one ( 1) worker for 

every five ( 5) workers or fraction thereof ; provided that in retail 

jewelry establishments with five ( 5) or less workers, two (2) workers 

qualifying under this Section may, but only in a managerial capacity, work unrestricted hours; in establishments comprised of more 

than twenty (20) workers, the total number of workers who may 

work unrestricted hours (not including those workers specified in 

subsections (a), (b), and the second paragraph of subsection ( d) of 

Section 4 of this Article) shall not exceed one (1) worker for every 

five (5) workers for the first twenty (20) workers and shall not 

exceed one (1) worker for every eight (8) workers above twenty (20) 

workers. 

Armroved Code ;. ~o. 142--..A.mendrnent No. 3. 

Registry No. 1631-11. 

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UNIVERSITY OF FLORIDA 

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