v 

Approved Code No. 402 Registry No. 1399-1-12 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR C·O·MPETITION 

FOR THE 

SEWING MACHINE INDUSTRY 

AS APPROVED ON APRIL 21, 1934 

UNITED STATES 

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WASHINGTON: 193·1 

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Approved Code No. 402 

CODE OF FAIR COMPETITION 

FOR THE 

SEWING MACHINE INDUSTRY 

As Approved on April 21, 1934 

ORDER 

APPROVING ConE OF FAIR CoMPETITION FOR THE SEWING MACHINE 

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 o:f 

Fair Competition :for the Sewing Machine Industry, and hearings 

having been duly held thereon and the annexed report on said Code, 

containing findings with respect thereto, having been male and 

directed to the President: 

NOW, THEREFORE, on behalf of the Presid{'nt of the United 

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

pursuant to authority vested in me by ExecutiYc Orders of the 

President, including Executive Order No. 6543-A, dated December 

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

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

with the pertinent provisions and will promote th" 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; provided, however: that the continued participation of the Sewing Machine Trade 

Association and the Mutual Sewing Machine Dealers and Mechanics 

Cooperative, Incorporated, in the Code Authority after 30 days 

:from the effective date of this Code shall be contingent upon their 

amending their Constitution and By-laws to the satisfaction of the 

Administrator. 

Approval recommended: 

A. R. GLANCY, 

HuGH S. JoHNSON, 

'Adnl.inistrator for Ind·ustrial R ecovery. 

Division Adn~inistrator. 

WASHINGTON, D.C., 

April 21, 19.3.?.. 

543!)1 °-482- 130-- 34 ( 407) 
REPORT TO THE PRE IDENT 

The PRE IDE.r TT 

Th e lVhite HowH;. 

SIR: Thi i a report on th Cod of Fair Corn petition for the 

Sewino· l\Iachine Indu ·try in the United ~tate~ a · revised after a 

Public H aring on lnctecl thereon in \\a hingt n, D.C. on Thursday. January 4 1934, in ac ordan e with th pro vi ·ion. of the 

National Indu trial Recovery Act. Thi i:· a \erti al code, containing provi ion covering manufacturing and retailino·. 

PROYI IO T OF THE CODE AS TO W.d.GE .A -D HO R~ FOR THE :\IA ... T FA T RIX9 CO:l\IPANIE 

The ode provide · for a 40-hour and 6-day week with a normal 

working lay of hour . There are certain exception to the e hours 

and provi ion is also made that emplo:ee · may "·ork overtime but 

that overtime hall not exceed 8 hour in any one week or 4 hours 

in any 26-week period, providing time and one-half is paid for all 

time worked in exce s of allowable hour". The minimum rate of pay i ~ 40¢ per hour for males and female·, 

except that when females are performing light and repetitive operations they may be paid not less than 35¢ per hour. 

No one under lG year of age may be employed and no one under 

18 years of age in operations or occupations hazardous in nature or 

dangerou to health. 

Office and clerical employee are to receiP=- a minimum of $15.00 

per week, except that office boys and girls ma. r be paid 80% of thi 

minimum, but shall be limited to 5% of the total num.ber of 

employees. 

Equitable adju tment in wage rates over the minimum are 

provided for. 

PROYI IOXS OF THE CODE A TO WAGES AND HO'CR FOR RETAIL E TABLI H1\fENTS 

Hour and wage provi ·ion conform to provi ions of the Retail 

Code. 

GEXERAL TATE lENT AXD E ONOl\IIC EFFECT OF THE CODE 

The Sewing l\1achine Indu try in the Unite l States repre ents 

persons, firms, and corporations engaged in the manufacture and repair and rebuilding of ewing machines and cabinets stand , tables 

(including power tables), motor , part , n ell s attachment and 

acces orie for ewing machine and the . elling, in tailing dismantling, . ervicing and eli tributing ther of at whole ale or retail. 

It embodi tw main group the manufa turer and the rebuilder . 

The Cod wa ubmitt d by the Sewing l\Ia ·hine Trad As ociation, repre enting ·ub tantially lOOC ~ of tho:; en aged in the manu-

(408) 
409 

facture of sewing machines and more than 80% of the wholesale and 

retail distribution, and by the Rebuilders' Division of the Sewing 

J\1achine Industry, estimated to represent at least 80% of the Rebuilders. 

The "Manufacturers" con~ist of eighteen plants. The investment 

in these plants is approximately $2005

000,000, and the number of 

wage earner. in normal times a bout 15,000 persons, with an estimated 

annual payroll of $21,000,000. No similar information concerning 

the " Rebuilders " is available. Pertinent data on employment, wages, and hours as submitted by 

the "Manufacturers ' may be summarized as follows: 

)'ear 1927----------------------------------------------------- )'ear 1929 ____________________________________________________ _ 

1rear 1932----------------------------------------------------- 6 months to June 30, 1933------------------------------------- Week ending Oct. 7, 1933 ____________________________________ _ 

Week ending Dec. 9, 1933--- ----------------------------------

Average 

number of 

wage earners 

15,021 

15,577 

10,349 

9,665 

10, 783 

11,099 

Average 

wage per 

hour 

$0.624 

. 635 

. 652 

. 620 

. 629 

. 631 

Average 

hours per 

week 

44.0 

45.4 

30. 7 

28. 7 

36. 7 

37.5 

The maximum hours proposed in the Code are 11.9% below the 

average hours worked per week in 1929. Since the adoption of 40 

hours as the standard work week, employment has increased 15%. 

No further increase may be reasonably expected unless the volume 

of production increases. The mechanical skill required of a large 

percentage of the employees is reflected in the high average hourly 

rate of pay which has prevailed throughout the depression for factory wage earners. A very small proportion of these employees 

would be benefited by the proposed minimum wage, but wiil gain 

th!o.ugh the equitable adjustment clau e for wages above the 

ll11nlD1Ul11. 

The Code Authority shall be the general agent for the administration of this Code and shall consist of nine members, six of whom are 

to be chosen by and from among members of the Sewing Machine 

Trude Association; two of whom shall be chosen by and from among 

members of the Divisional Code Authority established for the purpose 

of administering this Code within the Rebuilders' Division; and one 

of whom shall be chosen by and from among the members of the 

Industry who are not members of the Sewing Machine Trade Association and not members of the Rebuilders' Division of the Sewing 

Machine Industry. The Administrator has the authority to appoint 

not to exceed three non-voting members of the Code Authority who 

shall also be members of each Divisional Code Authority. 

The Code Authority provides machinery for obtaining statistics 

and the administration of this Code. 

FINDINGS 

The Assistant 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 de igned to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 
410 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and "·ill pro- vide for the general welfare by promoting the organization of in- dustry 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 pre ent productive capacity of industries, by avoid- ing undue restriction of production (except as may be temporarily 

required), by increasing the consumption of indu trial and agri- cultural 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 cla sified by me as a major industry. 

(c) The Code as approved complies in all respects with the per- t_inent pro,Tisions 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 group 

is an ·industrial group truly repre entative of the aforesaid Industry; and that said group impo es no inequitable re trictions on 

admis ion 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 niscriminate 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; provided, however, that the continued participation of the Sewing 

Machine Trade Association and the Mutual Sewing Machine Dealers 

and Mechanics Cooperative, Incorporated in the Code Authority 

after 30 days from the effective date of this Code shall be contingent 

upon their amending their Constitution and By-laws to the satisfaction of the Administrator. 

Respectfully, 

APRIL 21, 1934. 

HUGH s. JOHNSON' 

AdministTataor. 
CODE OF FAIR COMPETITION FOR THE SEWING 

MACHINE INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title 1 of the National Industrial Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Sewing Machine Industry, and shall be 

the standard of fair competition for the industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Sewing Machine Industry", as used herein, is defined to mean the manufacture and the repair and rebuilding of 

Sewing Machines and Cabinets, Stands, Tables (including Power 

Tables), Motors, Parts, N eedl1es, Attachments and Accessories for 

Sewing Machines, and the selling, installing, dismantling, servicing 

and distributing thereof at wholesale or retail. 

2. The term "employee", as used herein, is defined to mean any 

person engaged in any phase of the industry in any capacity, irrespective of the method of payment of his compensation, except a 

member of the industry. 

3. The term "employer", as used herein, is defined to mean anyone by whom such an employee is so employed. 

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

but without limitation, any individual, partnership, association, corporation, or other form of enterprise engaged in the industry, either 

as an employer or on his or its own behalf. 

5. The term "persons", as used herein, is defined to mean natural 

persons, partnerships, associations and corporations. 

6. The term "outside sal

1

esmen ", as used herein, shall mean a salesman who is engaged not less than sixty (60) percent of his working 

hours outside the establishment, or any branch thereof, by which he 

is employed. 

7. The term "outside collector", as used herein, shall mean a col- lector of account who i · engaged not less than sixty (60) percent 

of hi ~ working hours outside the establishment, or any branch 

thereof, by which he is employed. 

8. The t.erm "outside buyer", as used herein, shall mean anyone 

who is engaged in buying and who is engaged not less than sixty (60) 

percent of his working hours outside the establishment, Qr any branch 

thereof, by which he is employed. 

9. The term "imitation parts" and "imitation attachments ", as 

used herein, is defined to mean parts or attachments not made or 

authorized by the mannfactnrer of the sewing machine for which 

they are made or designed , and which have been made or designed 

( -!11) 
412 

for u e in substitution for like parts or attachments made or authorized by the original manufacturer of the sewing machine. 

10. The term ' technical capacity", as used herein, is defined t o 

mean de ig1:, exp~rim nt~tio~1, researc!1, development and man~ge

ment work 1n winch professwnal eng1neers and expert techn1c1ans 

are engaged. 

11. The term'' Division of the industry", as use l herein is defined 

to mean and include any part of the industry which is or may be 

defined and establi heel in a schedule of this Code. 12. The populati01~ for the purposes of this Code shall be determined by referring to the 1930 Federal census. 13. The term " junior employee", as used herein, shall mean an 

employee under eighteen (18) years of age, other than apprentices. 

14. The term" South", as u eel herein, shall mean Virginia, West 

Virginia, Maryland, North Carolina, South Carolina, Georgia, 

Florida, l(entucky, Tennessee, Alabama, Mississippi, Arkansas, 

Louisiana, Oklahoma, New Mexico, Texas, and the District of 

Columbia. 

ARTICLE III-Houns 

1. No employee shall be permitted to work in excess of forty ( 40) 

hours in any one week, or eight (8) hours in any twenty-four (24) 

hour period, except as herein otherwise provided. 

2. A tolerance of ten (10) percent above the daily and weekly 

maximum hours may be allowed for firemen and engineers. 

3. Watchmen shall not be permitted to work in excess of fortyeight ( 48) hours per week. 

4. Notwithstanding any other provision of this Article, employees 

in retail stores and service stations, including clerical employees f or 

such stores, whether or not they are on the same premises, may be 

employed not to exceed forty-eight ( 48) hours per week at Christma , inventory and any other peak times for a total not to exceed 

two weeks in the first six ( 6) months of the calendar year, and not 

to exceed three (3) weeks in the second six months, and any employee 

in a retail store, the principal trade in which is in merchandise other 

than the products of this industry, may be permitted to work in 

excess of the maximum hours specified in this Article if such excess 

is permitted by provisions of the General Code of Fair Competition 

for the retail trade or such other code for a division of the retail 

trade as such store may be operatina under. Executives in retail 

operations of the Industry receiving $35 or more per week in cities 

of over 500,000 population, or receiving $30 or more per week in 

cities of 100,000 to 500,000 population, or receiving $27.50 or more 

per week in cities of 25,000 to 100,000 population, or receiving $25 

or more per week in citie , towns, villages and other places under 

25,000 population, shall not be subject to any hourly limitation. In 

the South, Exec,1tives paid not les than ten (10) percent below the 

wages ju t specified shall not be subject to any hourly limitation. 

5. The provisions of this Article limiting hours of work shall not 

apply to outside sale men, outside sales promotion employees, outside 

buyers, outside collectors, outside service men and travelling auditors. 

6. The provisions of this Article limiting hours of work shall not 

apply to persons employed in an executive, managerial, technical or 

supervisory capacity who earn not less thftn~$3-5. per week. 
413 

7. Delivery men may be permitted to work not more than fortyfour ( 44) hours per week averaged over a period of three weeks but 

in no case shall the hours exceed fifty-four (54) in any one week. 

8. The maximum hours fixed in this Article shall not apply to any 

employee on emergency maintenance or emergency repair work involving breakdown or protection of life or property, but in any such 

special case, at least one and one-half (11/2 ) times his normal rate 

shall be paid for hours worked in exces of the maximum herein 

provided. 

9. The maximum hours fixed in this Article shall also not apply if 

at least one and one-half (llj2 ) times the normal rate shall be paid 

for hours worked in excess of the hours specified in this Article, but 

such overtime hall not exceed for any employee eight (8) hours i.n 

any one week, nor forty-eight ( 48) hours in any twenty-six (26) 

week period beginning January 1st or July 1st. 

10. No employee shall be permitted to work more than six (6) 

days in any even (7) day period. 

11. No employer shall permit any eri1ployee to work for any time 

which, when totaled with that already performed for another employer or employers exceeds the maximum permitted herein. 

12. Employers who personally perform manual work or are engaged in mechanical operations shall not exceed the prescribed maximum number of hours. 

ARTICLE IV-WAGES 

1. No employee shall be paid less than the rate of forty ( 40) cents 

per hour, except as herein otherwise provided. 

2. No employee engaged in clerical . or office work shall be paid 

less than the rate of Fifteen ($15.) dollars per week, provided that 

learners, for a period of not over sixty (60) days, and Office boys 

and girls may be paid not less than 80% of such minimum wage, 

but the total number of Office boys or girls and learners receiving 

less than the minimum wage in any calendar month, shall not exceed 

5% of the total employees of such employer in this class, or two 

employees, whichever is higher. 

3. Female employees engaged in light and repetitive operations 

may be paid not less than thirty-five (35) cents per hour, provided, 

however, that periodical reports of such light and repetitive operations are made to the Code Authority. 

4. Female employees engaged in production of products of the 

Industry performing substantially the same work as male employees, 

shall receive the same rate of pay as male employees. 

5. This Article establishes a minimum compensation, irrespective 

of whether an employee is actually compensated on a time rate, 

piece work or other basis. 

6. An equitable adjustment shall be made within sixty ( 60) days 

after the effective date of this Code to the extent practicable in the 

wage rates of all factory and office employees now compen ated at 

a rate in exce s of the minimum but receiving less than thirty-five 

($35.00) dollar for a full weeks work, by any employers who have 

not heretofore made such adju tment, or who have not maintained 

rates comparable with such equitable adjustments. The fir t report 

54391°----482-136----34----2 
414 

to the Code Authority on wages shall show the adjustments made 

subsequent to :May 1, 1933. 

7. A person 'Those earning capacity is limited because of age, 

physical or mental handicap, or other infirmity, may be employed 

on light \York at a wage below the minimum established by a code, 

if the employer obtains from the State authority, designated by the 

U.S. Department of Labor, a certificate authorizing such person's 

employment at such wages and for such hours as shall be stated in 

the certificate. Such authority shall be guided by the instructions 

of the U.S. Department of Labor in issuing certificates to such persons. Each employer shall file monthly with the Code Authority a 

list of all such persons e1nployed by him, showing the wages paid to, 

and the maximum hours of work for such employee. 

8. The minimum weekly rate of wages that shall be paid to any 

employee in a retail store or service station (including clerical employees for such stores, whether or not they are on the same 

premises) shall be as follows : 

a. Within cities of 500,000 population or over-at the rate of not 

less than $14.00 per week; 

b. vVithin cities from 100,000 to 500,000 population-at the rate of 

not less than $13.00 per 'veek; 

c. Within cities from 25,000 to 100,000 population-at the rate of 

not less than $12.00 per week; 

d. vVithin cities, towns, and villages from 2,500 to 25,000 population-at the rate of not less than $11.00 per week; 

e. vVithin towns and villages and other places with less than 2,500 

population-at the rate of not less than $10.00 per week; 

f. Junior employees may be paid for the first six months of their 

employment at the rate of $2.00 less per week than the minimum 

wage otherwise applicable; learners may be paid, for a period of 

not over sixty (60) days at the rate of $1.00 less per week than 

the minimum wage otherwise applicable; it is provided, however, 

that the number of employees classified as junior employees and 

learners, combined, shall not exceed a ratio cf one such employee to 

every five employees or fraction thereof tip to twenty, and one such 

employee to every ten employees above twenty. 

g. In the South all minimum wages specified in the foregoing 

sections of Article IV -8 may be at the rate of $1.00 less per week. 

h. The full-time weekly wages of all classes of employees receiving more than the minimum wages referred to above shall not be 

reduced from the full-time weekly wages existing upon July 15, 

1933, notwithstanding any reduction in the number of working hours 

of such employees to conform with the provisions of this Code. 

9. Commission salespeople and collectors, including salespeople 

and collectors who receive a base salary or guaranteed compensation, but whose principal earnings are intended to be paid on commission basis, shall be excepted from the minimum wage provisions 

of this Article. 

10. Part-time employees shall be paid not less than at an hourly 

rate proportionate to the rate specified in the applicable foregoing 

sections of this Article IV. 
415 

ARTICLE V-GENERAL LAEon PnoviSIONS 

1. No person under sixteen ( 16) years of age shall be employed in 

the industry. No person under eighteen (18) years of age shall be 

employed in operations or occupations which are hazardous in nature 

or dangerous to health. The Code Authority shall submit to the 

Administrator within ninety (90) days after the effective date of 

this Code, a list of such operations or occupations. In any State 

an employer shall be deemed to have comphed with this provision 

as to age if he shall have on file a certificate or permit duly signed 

by the Authority in such State empowered to issue employment or 

age certificates or permits showing that the employee is of the 

required age. 

~. Pursuant to Section 7 (a) of the Act it is provided: 

(1) "That employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

be free from the interference, restraint or coercion of employers of 

labor, or their agents, in the designation of such representatives, or 

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection; 

(2) "That no employee and no one 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 own choosing; and 

(3) "That employers shall comply with the maximum hours of 

labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President." 

o. Apprentices shall be regularly indentured for a sufficient period 

of time to be systematically advanced through the various operations 

in any one of the various trades or occupations. Such apprentices 

shall not exceed the ratio of one (1) apprentice to ten (10) competently skilled journeymen employees, and shall be paid for a period 

not exceeding six (6) months a starting rate not less than 80% of the 

minimum hourly rate of pay prescribed in this Code. 

4. No employer shall reclassify employees or duties of occupations 

performed or engage in any other subterfuge for the purpose of 

defeating the purpose or provisions of the Act or of this Code. 

5. No provisions in this Code shall supersede any State or Federal 

law, which imposes more stringent requirements on employers as to 

age of employees, wages, hours of work, or as to safety, health, 

sanitary· or general working conditions, or insurance, or fire protection, than are imposed by this Code. 

6. Notwithstanding any other provision of this Code, all wholesalers (as defined in the Code of Fair Competition for the \Vholesaling or Distributing Trade) in this trade shall comply with all of the 

provisions contained in Articles III, IV, and V of the Code of Fair 

Competition for the vVholesaling or Distributing Trade as approved 

on January 12, 1934. 

ARTICLE VI 1-ADl\IINISTRATION 

1. The Code Authority is hereby established for the administration of this Code and shall consist of nine members, six of whom 

1 See paragraph 2 of order appro.-ing this Code. 
416 

are to be cho en by and from among member of the Sewing Machine 

Trade \..s ociation, and two of \ hom are to be cho en by and from 

among member of the Divi ional Code Authority establi heel under 

Sche lul · A" of thi Code, and one of whom may be cho en by and 

from among the m.embers of the industry who are not members of 

the Sew in o· l\1achine Trade As ociation and not members of the 

di' i ion of the in lu try establi heel under aid Schedule 'A . The 

term of office of member of the Code Authority hall be one year 

or until their ucc.e sor are chosen, the annual date for expiration 

of uch terms to be fixed by the Code Authority. If the non-member do not elect the member of the Code Authority above provided 

for within two months of the effective date of this Code or fa.il, 

within a similar time, to elect a successor on the expiration of a 

term, or to fill any vacancy he shall be appointed by the remaining 

members of the Code Authority. The Administrator may also, if 

he o elec.ts, appoint not to exceed three non-voting members of the 

Code Authority who hall also be members of each Divi ional Code 

Authority. 

2. Each division of the Industry may e tabli h a Divi ional Code 

Authority to admini ter this Code within uch Divi ion ubject to 

the right of the Code Authority, on re iew to eli approve any action 

taken by a Divi ional Code Authority. 

3. In order that the Code Authority shall at all times be truly 

repre entative of the indu try and in other respects comply with the 

provi ions of the Act the Administrator may provide such hearings 

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

Authority is not truly representative or does not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. The 

provision of this paragraph also shall be applicable to anv Divisional Code Authority. " 

4. Members of the Industry who are complying with the requirements of the Code, and who pay their reasonable share of the 

expen es of the administration thereof, including the co t of assembly 

and analysis of such reports and data as may be required under the 

Cod-e, and the co t of the maintenance of the Code Authority and its 

activities, hall be entitled to participate in the Code Activities and 

to the benefits of the activities of the Code Authority and to make 

use of any National Recovery Act Code insignia which may be 

adopted. The method of allocation and collection of expen e shall 

be determined by the Code Authority ubject to approval by the 

Administrator· participation in the election of members of the Code 

Authority or of any Divi ional Code Authority subsequent to the 

first election hall be open only to those who pay their rea onable 

share of expense as allocated. 

5. With a 'iew of providing information for the purpo e of keeping the Pre ident of the United States and the Aclmini tratQr 

informed a to the ob ervance or non-observance of thi Code, and 

as to whether the industry is taking appropriate step to effectuate 

in all respects the declared policy of the National Indu trial Recovery Act, the Code Authority shall make ·uch report a the 

Admini tra tor may direct, periodically or as often as reque ted. 
417 

Each member of the Indu try hall prepare and file with uch per on 

or organization as may be prescribed by the Cod·e Authority reports, 

stati tics and such other data or information as the Code Authority 

may from time to time require for the purpo es of thjs paragraph or 

for the enforcement of this Code. 

6. Except as other\\ise provided in the National Indu trial Recm.-ery Act, all tatistic , data and information filed in accordance 

with the provisions of thi Article shall be confidential and the tatistics, data and information of one employer shall not be revealed 

to any other employer, except that for the purpose of administering 

or enforcing the provisions of this Code, the Code Authority, by its 

duly authorized representatives (who shall not be employe-es of any 

employer affected by this Code, but may be a firm of accountant , even though doing auditing or accounting work for any member of 

the industry), shall have acces to any and all statistic data and 

jnformation that may be furnished in accordance \\ith the provisions 

of this Code. 

7. In addition to the information required to b-e submitted to the 

Code Authority, there shall be ubmitted such tatistical information 

as the Administrator may deem nece sary for the purpo es recited in 

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

Administrator may designate; nor shall anything in this Code relieve 

any person of any existing obligation to furnish reports to Government agencies. 

8. If complaint is made to the Code Authority or to any Divisional 

Code Authority that the provisions of this Code have been violated 

by any employer the Code Authority, or the appropriate Divi ional 

Code Authority shall, subject to such rules and regulation as the 

Administrator 1nay prescribe, make such investigation of the facts as 

Inay be deemed necessary and shall take such action as may be 

appropriate. 

9. If the Administrator shall determine that any action of a Code 

Authority or any agency thereof may be unfair or unjust or contrary 

to the public interest, the Administrator may require that such action 

be suspended to afford an opportunity for investigation of the merits 

of such action and further con ideration by such Code Authority or 

agency pending final action which shall not be effective unle s 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. 

10. The Code Authority shall continue its study of trade practices 

of the industry and make any recomn'lendations, from time to time, 

to the Administrator, ~Vhich it deems desirable for n'lodification of or 

addition to this Code, which, upon approval by the Pre ident after 

such hearing as he may prescribe, shall become a part of this Code 

and have full force and effect as the provisions hereof. 

11. Each trade or industrial association directly or indirectly participating in the selection of activities of the Code Authority shall 

(1) impose no inequitable restriction on membership, and (2) submit to the Administrator true copies of its articles of association, 

by-la"-s regulations, and any amendments when made thereto, together with such other information as to membership, organization 
418 

and activitie · as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

12. Nothing contained in this Code shall constitute the members 

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

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

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

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

exercising reasonable diligence in the conduct of his duties hereunder, 

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

Code, except for his own willful misfeasance or non-feasance. 

ARTICLE VII-TRADE PRACTICES 

The following acts as described shall constitute unfair methods 

of competition: 

1. The removal of the manufacturer's serial or identification number from any sewing machine or the mutilation or alteration of any 

such serial or identification number; the purchase, for the purpose 

of selling or offering for sale, of any sewing machine with lrnowledge 

that the manufacturer's serial or identification number thereof has 

been removed, mutilated or altered; the sale of any sewing machine 

with knowledge that the manufacturer's serial or identification number has been removed, mutilated or altered unless the vendor of said 

machine has reported to the Code Authority the circumstances of the 

acquisition, but this provi ion shall not apply so as to forbid the sale 

of machines in stock on the effective date of this Code if the member 

of the Industry owning said machines on said date shall file within 

60 days from the said date, with the Code Authority, an inventory of 

all such machines in his possession or under his control on the effective date of this Code. The term "manufacturer's serial or identification number" as used in this Code shall mean the serial or identificatjon number which the sewing machine bears at the time of the 

original sale thereof by a manufacturer to a user, and refers to the 

number id·entifying the individual sewing machine, and not to any 

number indicating the class or type of machine. 

2. The sale or offering for sale, except for export, of a household 

sewing machine under the trade name or trade mark of the manufacturer thereof when such household sewing machine is sold in 

conjunction with table, stand or motor not manufactured or supplied 

or authorized by the manufacture of such household sewing machine, the advertising or representing of such combined product as · 

the product of the manufacturer of the sewing machine, the use of 

the trade name or any trade mark of the manufacturer of the sewing 

machine in any adverti ement of the combined product in such a 

manner as would be likely to lead the purchaser to believe that such 

combined product was the product of or approved or sanctioned by 

the manufacturer of the sewing machine. 

3. The .... ale for use in any leased industrial sewing machine, the 

lease of which does not contemplate transfer of title to the lessee, 

of any part or attachments not supplied by the les or of such ma.-

chine or by person authorized by him, to be placed in such sewing 

manhine knowing that this is a violation of any provision of the 

Jease of said sewing machine. 
419 

4. The manufacture, importation, .'ale, adverti ·ino· for sale or the 

use, in repairing or rebuilding of sewing machine , of imitation 

parts or imitation attachment· bearing identifying numbers, letters 

or marks which are the same as the identifying numbers, letter· or 

marks or material portions thereof u ·eel on the genuine parts or 

attachments thus imitated, unless su h imitation parts or imitation 

attachments have plainly stamped thereon the name of the manufacturer or distributor thereof (or uch rea. onable abbr~ riation 

thereof as is approved by the Code Authority) as promir,'"' .._.~ly as 

the marking of said numbers, letters or other identifying marks. 

The ale of repaired or rebuilt sewing machines when the vendor 

of such sewing machines has inserted or used or caused to be inserted 

or nsecl therein in the repairing or rebuilding thereof any imitatjon 

parts or imitation attachments which were marked -with identifying 

numbers in violation of the foregoing provision. The provisions of 

this Sub-section 4 shall not apply ·o as to forbid the sale of parts 

which are in stock or sewing machine containing such parts, on the 

effective elate of this Code. 

5. The sale of imported sewing machines, imported imitation parts 

and imported imitation attachment which, whether or not otherwise marked, do not carry the name of the country of origin con- ~picuously, legibly and indelibly marked upon thorn or if such article 

is incapable of being so marked then with the name of the country 

of origin conspicuously marked upon any package in which such 

article is sold. 

6. The use of advertising, whether printed, radio or display, or 

of any other nature which is inaccurate in any material particular 

or misrepresents merchandise (including its use, trade mark, grade, 

quality, quantity, size, origin, material, content or prep:uation) or 

credit terms, values, policies, or services; the use of aclYerti ing 

and/or selling methods which tend to deceive or mislead the customer ; the tran. action of business under a name which is misleading 

or imitative of that of a previously established member of the 

Jndu try, without authorization from such member, so as to deceive 

the public into believing that they were dealing with such member 

of the Industry or an established representative thereof, or the use 

of such misleading names in telephone or other directories so as to 

deceive the public as aforesaid. 

ARTICLE VIII-GENETIAL 

1. After due notice and hearing, this Code may be amended upon 

the recommendation of the Code Authority or any interested party 

or group or upon the Administrator's own notice, and any modification so arrived at shall be effective when approved by the 

P resident. 2. As required by Section 10 (b) of Title 1 of the National Indus-

• trial Recovery Act, the following proYision is contained in this 

Code: The Pre ·iclent n1ay from time to time cancel or modify any 

order, approval license, rule or regnlation i ·sued under said Title. 

3. Violation by any member of thi In ln try of any proYision of 

this Code is an act of unfair competition , and the offender shall be 

subject to the penalties impo ·ed by the Ad. 
420 

4. No prov1s10n of this Code shall be so applied as to permit 

monopolie or monopolistic practices, or to eliminate, oppress or 

discriminate against small enterprises. 

5. This Code shall become effective on the second Monday following it approval by the President. 

Appl'OYed Code No. 402. 

Regi try No. 1399-1-12. 

• 
SCHEDULE "A"-REBUILDERS' DIVISION 

ARTICLE I-DEFI "lTIONS 

1. The term "Rebuilclers' Division ", as used herein, is defined to mean that 

division of the sewing machine industry in which the employers are primarily 

engaged in the business of buying and/or selling and/or rebuilding and/or' 

repairing and/or installing in factories .and/or dismantling in fact01ies used 

industrial type sewing machines, or have a separate department for the conduct 

of such busines in used industrial type sewing machines. 

2. The term "member of the Rebuiluers' Divi ion", as used herein, is defined to mean any member of the industry engaged in the abo\e defined 

division of the industry, either as his p1incipal bu ·iness or as a separate 

department and in the latter case, only as to the activities of that depa rtment. 

AnncLE II-ADMINISTRATION 

1. A Rebuihlers' Did ·ional Code Authority is hereby e. tabli heel. It shall 

be campo ed of ten members, each of whom shall be a member of the Hebuilders' Did ion. The members ·ball seHe without compensation and shall 

be elected for one year or until their . uccessors are chosen. Fi\e of the 

members shall be elected by the members of the Mutual Sewing Machine 

Dealers and Mechanics CooperatiV'e, Inc., and five, not members of said association, shall be elected by members of the Rebuilders' Division who are not 

members of said association. The first election of the members to be elected 

at large shall be held under the direction of the Mutual SewinO' l\Iachine 

Dealers and Mechanics Cooperative, Inc., who shall send by registered mail a 

ballot to all voters, ·who shall have ten days after receipt within which to 

return the same, and the said Mutual Sewing Machine Dealers and Mechanics 

Cooperati\e, Inc., Rhall report and certify the results of this election to the 

Code Authority. Subsequent elections shall be held under such rules and regulation. as the Divisional Code Authority may prescribe. 

2. The Divisional Code Authority shall administer this Code "\\ithin the 

Rebuilclers' Division subject to the provisions of Article VI of this Code. 

3. Members of the Rebuilders' Division who are entitled to participate in 

Code actiYities as defined in Article VI of this Code and who pay their reasonable share of the expenses of the Rebuilders' Divisional Code Authority shall 

be entitled to participate in the election of the members of the Rebuilders' 

Divisional Code Authority (subject to the first election) and in its actiYities. 

AP.TIC'LE III-TRADE PRACTICES AND R ULES OF FAIR COMPETITION 

1. Every member of the Rebuilders' Di>ision shall observe the federal. state 

and local laws and regulations controlling the members of the Rebuilders' 

Division, in the opemtion of this Industry. 

2. No member of the Rebuilclers' Division shall purchase industrial type 

sewing machines without obtaining from the vendor an invoice bearing the 

serial number, if any (n·hich refers to the number identifying the incli"Vidual 

sewing machine rather than the clas or type) of the machine purchased. 

3. No member of the Rebuilders' Division shall sell used industrial type 

sewing machine ·, rebuilt or otherwise, or any mechanical or electrical equipment which is part of the equipment u. eel in connection with said machines, 

with a free service guaranty for a perio<). exceeding 90 clays from the date 

of sale. 

4. No member of the Rebuilders' Di>ision shall sell, tran fer or exchange a 

used industrial type ewino· machine, without advertising and/or invoicing 

and/Or billing the same as 

(a) a used inclu. trial type sewing machine, or 

(b) a used inclu trial type sewing machine with attachments added, or 

(c) a rebuilt industrial type . e\\ing machine, or 

(421) 
422 

(d) a rebuilt indu trial type sewing machine with attachments added, 

as the case may be, under the original tradename, with the statement of the 

classification a s et forth in this section, and, if rebuilt, the name of the 

member of the Rebuilders' Division rebuilding the same. 

5. No member of the Rebuilders' Division shall conduct his business either 

inside or outside of such member's business establishment for more than sixty 

hours per week and during any hours earlier than 8 A.l\I. or later than 6 P. I. 

on any : ix days of the week, provided, however, that the Rebuilders' Divisional 

Code Authority, with the approval of the Admiui ti·ator may, upon application 

of any local group, waive the provisions of this sub-section insofar as the 

same are applicable to said local group. 

0 

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