Approved Code No. 253 Registry No. 1627-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR TUE 

ANIMAL SOFT HAIR 

INDUSTRY 

AS APPROVED ON FEBRUARY 2, 1934 

WE DO OUR PART 

, • '! o~ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. • • • • • • • - Price 5 cents 

v 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

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Approved Code No. 253 

CODE OF FAIR COMPETITION 

FOR THE 

ANIMAL SOFT HAIR INDUSTRY 

As Approved on February 2, 1934 

ORDER 

APPROVING ConE OF F AIR CoMPETITION FOR THE ANarAL SoFT I-l.nR 

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 Animal Soft Hair 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 Executive 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. 

Approval recommended: 

GEo. L. BERRY, 

HuGH S. JoHNSON, 

AdministTator for I ndu8triall Recovery. 

Division Adrninist?·ator. 

'VASHINGTON, D.C., " 

1~u£t1·y ' 1934. 

37669°----313-187----34 (97) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White H o'use. 

SrR: A Public Hearing on the Code of Fair Competition for the 

Animal Soft Hair Industry, submitted by the American Soft Hair 

Manufacturer Association, Inc., located at 545 Fifth Avenue, New 

York, N.Y., was conducted in vVashington on the 6th of December, 

1933, in accordance with the provisions of the National Industrial 

Recovery Act. The Association claims to represent 95 percent of the 

Industry. 

The maximum hours pern1itted under this Code are forty ( 40) 

per week, with the exception of combing machine operators, receiving 

more than $35.00 per week, who are permitted to work forty-eight 

( 48) hours per week. No employee engaged in proce sing operations 

shall be permitted to work more than five (5) days per week. Working daily hours are limited to those between 8: 00 a.m. and 5: 30 p.m. 

with 1 hour for lunch. 

The minimum rate of pay is 371j2 ¢ per hour except comber , who 

will receive not less than 50¢ per hour. Provision is made for an 

equitable adjustment of all wages above the minimum. Where 

female employee perform the same work as male employee they are 

to receive the same rate of pay. 

This industry con ists of only 10 establishments, all located in the 

City of New York. The in vested capital in this Indus try in 1933 is 

estimated to be $125,000.00. The average sales represent 23% of 

the maximum production of ·which this industry is capable. 

This industry imports animal soft hair from China, Russia, and 

Germany becau e the dome tic supply is not large enough. This 

imported hair represents about 10% of the hair used by this industry. 

The outlet for this industry are bru h manufacturer , furriers, and 

jobbers, named in the order of volume used. 

The proposed Code will increase employment approximately 20% 

and will mean an average wage increase of $2.78 per week per 

employee. 

FIXDIKG.S 

The Deputy Admini 'trator in hi final report to me on said Code, 

having found as herein set fotth an l on the basis of all the proceedings in this matter; 

I find that: 

(a) Sa.icl Code is well le igned to promote the policies and purposes of Title I of the National Indu trial RecoYery Act, including 

removal of obstructions to the free flow of inter tate and foreign 

commerce ·"hich tend to diminish the amount thereof and will provi.de for the general welfare by promoting the organization of inclus-

(98) 

, 
99 

try 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 superYision, by 

eliminating unfair competitive practices, by promoting the fulle t 

pos ible 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 tandards 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 

Sub ection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid Industry; and that said Association imposes no inequitable 

restrictions on admi sion 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 oppre ·s 

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. 

This Industry has cooperated in a most satisfactory manner with 

the Administrator in the preparation of this Code. From evidence 

adduced during this hearing and from recommendations and reports 

of the various Advisory Boards it is believed that this Code as now 

proposed and revised represents an effective, practical, equitable 

solution for this industry and for these reasons this Code has been 

approved. 

Respectfully, 

HuGH S. JOHNSON, 

A d1ninis t1·ator. 

FEBRUARY 2, 1934. 
CODE OF FAIR COMPETITION FOR THE ANIMAL SOFT 

HAIR INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Code is established as a. Code of Fair Competition for the Animal Soft Hair Industry and shall be the standards 

of fair competition for this industry and binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Animal-Soft Hair Industry" as used herein, shall 

mean the processing for sale and sale by the processor of animal soft 

hajr to be used in the manufacture of brushes and/or' other products, 

and such related branches or subdivisions as may from time to time 

be included under the provisions of this Code by the President after 

such notice and hearing as he may prescribe. 

2. The term "member of the industry" 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. 

3. The term "employee" as used herein includes any and all persons engaged in the industry, however compensated, except a me1nber 

of the industrv. 

4. The terms "Act " and "Administrator " as used herein shall mean 

respectively Title I of the N a.tional Industrial Recovery Act, and 

the Administrator for Industrial Recovery. 

ARTICLE III-HouRs 

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

hours in any one week or eight (8) hours in any one day, except as 

otherwise herein provided. 

(a) Combing machine operators who receiYe more than thirty-fiYe 

dollars ($35.00) per week shall be permitted to work forty-eight ( 48) 

hours in any one week and ten (10) hours in any one day. 

2. The recognized hours of work shall be between 8: 00 a.m. and 

5: 30 p.m. with one (1) hour for lunch. 

3. Employees engaged in any processing operation shall not be 

permitted to work more than five ( 5) days in any seven (7) day 

period. 

4.- ~Iembers of the industry, owners, partners, officers, etc., while 

doing productive work, shall be governed by the provisions of this 

Article. 

(100) 
101 

5. The maximum hour herein establi heel hall not apply to mem.-

ber of the indu try when engaged in an execu6n', admini trative, or 

supervi ory capacity. 

6. No employee ·hall be permitted to work. for a total number of 

hours in exces-· of the number of hours pre cribed herein, whether 

he be employe l by one or more employer . 

ARTICLE IV-WAGES 

1. No employee shall be paid, in any pay period, les than at the 

rate of thirty-seven and a half cents (371j2 ¢) per hour, except comber · who shall be paid not less than fifty cents (50¢) per hour. 

2. Female employee performing substantially the same work as 

male employee.~ shall receive the same rate of pay. 

3. This article establishes a minimum rate of pay which shall 

apply, irre pectiYe of whether an employee is actually compen ated 

on a time rate, piecework performance or other basi ·. 

4. It is the policy of the members of thi indu try to refrain from 

reducing the compensation for employment which compensation 

"a prior to June 16, 1933, in excess of the minimum wage herein 

set forth, notwithstanding that the hours of work in such employment may be reduced; and, unless, since such date such adjustments 

have been made, all members of the industry shall endeavor to 

increa e the pay of all employees in excess of the minimum wage, as 

ln rein set forth, by an equitable adjustment of all pay schedules. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under sixteen ( 16) years of age hall be enployed 

in this indu try; nor anyone under eighteen (18) years of age at 

operations or occupations which are hazardous in nature or detrimental to health. In any state an employer shall be deemed to have 

complied 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 i ue employment or age certificates or permit showing 

that the employee is of the required age. 

2. In compliance with Section 7 (a) of the Act it is provided: 

(a) That 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 employer of 

labor, or their agents, or in self-organization, or in other concerted 

activities for the purpo e of collective bargaining or other mutual 

aid or protection. 

(b) That no employee and on one seeking employment shall be 

required as a condition of employn1ent to join any company union 

or to refrain from joining, organizing, or assi ting a labor organization of his own choo ing, and 

(c) That employers shall comply with the maximum hour of labor, 

minimum rates of pay, and other conditions of employment approved 

or pre cribed by the President. 

3. No employer shall reclassify employees or dutie of occupations 

performed as they exi ted on October 1, 1933, or engage in any other 
102 

subterfuge, for the purpose of defeating the purposes of the Act or 

of this Code. 

4. No provision in this Code shall supersede any State or Federal 

law which imposes on employers more stringent requirements as to 

age of employees, wages, hours of work, or as to safety, health, sanitary or general working conditions, than are imposed by this Code. 

5. Every employer shall provide for the safety and health of his 

employees at the place and during the hours of their en1ployment. 

6. All employers shall post and keep posted complete copies of 

this Code in conspicuous places accessible to employees. 

ARTICLE VI-HoME WORK 

1. On and after the effective date homework in this industry IS 

hereby prohibited. 

ARTICLE VII-ADMINISTRATION 

ORGANIZATION AND CONSTITUTION 

1. A Code Authority is hereby established to cooperate with the 

Administrator in the administration of this code and shall consist 

of five ( 5) members to be chosen by the industry through a fair 

method of selection, approved by the Administrator, to serve for a 

period of one year from the date of their selection. The Administrator in his discretion may appoint not more than three (3) additional members without vote, and without compensation from the 

industry to serve for such period of time and to represent the 

Administrator or such group or groups as he may designate. 

(a) Vacancies in the personnel of the Code Authority selected 

by the industry shall be filled, pending selection as provided for the 

appointment of original members, through approval by the Administrator upon nomination of the Code Authority. 

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

impose no inequitable restriction on membership, and shall submit 

to the Administrator true copies of its articles of association, bylaws, 

regulations and any amendments when made thereto, together with 

such other information as to memberships, organization and activities as the Administrator may deem necessary to effectuate the 

purpose of the Act. 

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

representative of the industry and in other respects comply with 

the provisions o:f the Act, the Administrator may prescribe li!uch 

hearings as he may deem proper_; and 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, he may take such action as 

he may deem necessary under the circumstances. 

4. No inequitable restrictions on admission to the American Soft 

Hair Manufacturers Association, Inc., or any other trade association or organized group, participating in the activit~es of the Code 

Authority shall be imposed, and any member of the industry shall 

be eligible for membership in any such trade association or organized 
103 

group upon compliance with the provisions of the bylaws relatjng 

to membership, provided that any person applying for uch membership shall, in addition to the payment of such dues as are imposed upon and paid by all other members, accept a rea onable and 

equitable share of the co t of code administration. Such members 

of the industry who do not choose to become members of any trade 

association or organized group may participate in the activitie of 

the Code Authority as herein provided by paying to the Code 

Authority such proportionate part of the cost of code administration 

as the Code Authority, ubject to the approval of the Admini trator, shall prescribe as fair and equitable. 

5. 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 t hi Code, except 

for his own misfeasance or nonfeasance. 

POWERS AND DUTIES 

6. The Code Authority shall have the following further powers 

and duties to the extent permitted by the Act. 

(a) To administer the provisions of this Code and provide for 

the compliance of the industry with the provisions of the Act and 

to propose and submit amendments, exceptions, or modifications, 

which amendments and/or modifications, upon approval by the Administrator, after such notice and hearing as he may prescribe, shall 

have the same force and effect as any other provision of the Code. 

(b) To adopt bylaws and rules and regulations for its procedure 

and for the administration and enforcement of this Code. 

(c) To obtain from members of the industry such information and 

reports as are required for the administration of the Code and to 

provide for submission by members of such information and reports 

as the Administrator may deem necessary for the purposes recited 

in Section 3 (a) of the Act, which information and reports shall be 

submitted by members to such administrative andj or government agenci · as the Administrator may designate; provided that nothing 

in this Code shall relieve any member of the industry of any existing; 

obligations to furnish reports to any government agency. No individual report shall be disclosed to any other member of the industry 

or any other party except to such governmental agencies as may be 

directed by the Acbninistrator. 

(d) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code and that such trade 

associations and agencie shall at all times be subject to and comply 

with the provisions hereof. (e) To make recommendations to the Administrator for the coordination of the administration of this code with such other codes, 

if any, as 1nay be related to the industry. · 
104 

(f) To secure from members of this industry who assent to this 

Code and/ or participate in the activities of the Code Authority such 

proportionate payment of the reasonable expense of maintaining the 

Code Authority as may be determined by the Code Authority and 

approved by the Administrator. 

(g) To cooperate with the Administrator in regulating the use 

of any N.R.A. insignia solely by those members of the industry who 

have assented to, and are complying with, this Code. 

(h) To recommend to the Administrator further fair trade practice provisions to govern members of the industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

(i) Each member of the industry shall keep an accurate record 

of all transactions sufficient in detail as shall be prescribed by the 

Code Authority, with the approval of the Administrator. 

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

Authority or any agency thereof is unfair or unjust or contrary to 

the public interest, the Administrator may require that such action 

be suspended for a period of not to exceed thirty ( 30) days to afford 

an opportunity for investigation of the merits of such action and 

further consideration by such Code Authority or agency pending 

final action, which shall be taken only upon approval by the 

Adm.inistrator. 

ARTICLE VIII-SALES PROVISIONS 

1. No member of this industry shall sell, except to another member 

of the industry, any product thereof at a price below his own individual cost of production, provided, however, that in any specific 

instance in order to meet competition he may sell such product at a 

price not below the lowest price of a comparable item on file with 

the Code Authority. 

ARTICLE IX-PRICE LISTS 

1. Each member of this industry shall file a schedule of his prices 

and discOUJlts with the Code Authority to become effective immediately upon receipt by the Code Authority; such original schedule 

Jnay, from time to time, be revised by filing with the Code Authority 

a revised schedule of such prices and discounts to become effective 

in the same manner as provided for original schedules. 

2. All schedules filed in accordance with the provisions of this 

Article shall be based upon an adequate cost finding method prescribed by the Code Authority and approved by the Administrator. 

(a) Discontinued, obsolete, or distress merchandise may be sold 

with the approval of the Code Authority upon such terms and conditions as it may require; appeal from the decision of the Code 

Authority upon any application for the sale of such merchandise 

may be had direct to the Administrator and the decision of the 

Administrator in such case shall govern the sale and disposal of the 

merchandise covered by such application. . 
105 

ARTICLE X-TRADE PRACTICES 

1. The following practices constitute unfair methods of competition for members of the indu try and are prohibited: 

(a) No member of the industry shall brand or mark or pack any 

good· in any manner which is intended to or does deceive or mi lead 

purchasers with respect to the brand, grade, quality, quantity, origin, 

s!ze, substance, character, nature, fini h, material, content, or preparatiOn of such goods. 

(b) No m.ember of the industry shall make any statement or publish advertising which refers inaccurately in any material particular to any competitors or their goods, price , value , credit terms, 

policies, or services. 

(c) No member of the industry shall give permit to be giYen or 

directly offer to give, anything of value for the purpo e of influencing or rewarding the action of any employee, agent, 01' representative of another in relation to the bu iness of the employer of such 

employee, the principal of such agent or the repre ented party without the knowledge of such employer, principal, or party. Commercial bribery provisions shall not be construed to prohibit free and 

general distribution of articles commonly used for advertising except 

so far as such articles are actually u eel for commercial bribery as 

hereinabove defined. 

(d) No me1nber of the industry shall attempt to induce the breach 

of an existing contract between a competitor and hi employee or 

cu tomer or source of supply; nor shall any such member interfere 

witl~ or obstruct the performance of c::uc.h contractural duties or 

serv1ces. 

(e) No member of the industry shall publi h advertising (whether 

printed, radio, display, or of any other nature) , which is mi leading 

or inaccurate in any material particular nor shall any member in 

anyway misrepre ent any goods (including but without limitation its 

use, trademark, grade, quality, quantity, origin, size, substance, character, nature, finish, material, content, or preparation) or credit 

terms, values, policies, services of the nature, or form of the b.n ine s 

conducted. 

ARTICLE XI-~10DIFICATION 

1. This Code and all the provisions thereof are expres ly made 

subject to the right of the President, in accordance with the pro-visions of Subsection (b) of Section 10 of the Act, from time to time 

to cancel or modify any order, approval, license, rule, or regulation 

is ued under said Act. 

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

be modified or amended on the basis of experience or changes in 

circumstances, such modifications or amendment to be based upon 

application to the Administrator and such notice and hearing a he 

shall specify, and to become effective on approval of the President, 

unless otherwise provided. 

ARTICLE XII-~1oNOPOLIES, ETc. 

1. No pro vi ion of this Code shall be so applied as to permit 

monopolies or monopolistic practice , or to eliminate, oppre s, or discriminate against small enterprises. 
106 llllllllll ~lili~lil~lfll'~ fi l~ ~ ~ ~ [1 11111 11111 1 3 1262 08727 9898 

ARTICLE XIII-PRICE I NCREASES 

1. ' iVhereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual cost should 

be delayed, but when made such increases should, so far as possible, be limited to actual additional increases in the seller's costs. 

ARTICLE XIV-EFFECTIVE D ATE 

1. This Code shall become effective on the second Monday after 

its approval by the President. 

ApproYed Code No. 253. 

Reg:stry No. 1627-05 

0