Approved Code No. 286-Amendment No.2 Registry No. 1606-05 

~ATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

BEAUTY AND BARBER SHOP 

MECHANICAL EQUIPMENT 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 15, 1935 

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~eM'( U.S. DErvvt' 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For sale by the Superintendent of Documents, " 'ashington, D. C. - - - - - - - Price 5 cents 
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This publication is for sale by the Superintendent of Do uments, Go\ernlllent 

Printing Ofliee, Wa ·hington, D. C .. and by the following N. R. A. offices : 

Atlanta, Ga.: 625 Citizens & Southern National Bank Building. 

Baltimore, Mu . : 130 Customhouse. 

Birmingham, Ala.: 201 Liberty National Life Building. 

Boston. Mass. : Room J 200. 80 Federal Street. 

Buffalo, N. Y.: 219 White Duilding. 

Chi cago, Ill.: Room 204, 400 North Michigan Avenue. 

Cle\·eland, Ohio.: 520 Bulkley Building. 

Dallas, Tex.: 121~ Rermblic Bank Building. 

Detroit, Mich.: 4J 5 New li'edernl Building. 

Hou ·ton, Tex.: 403 Milam Building. 

Jacksonville, Fla.: 425 United States Courthouse and Post Office 

Building. 

Los Angeles, Calif.: 751 Figueroa Street, South. 

Loui ·ville. Ky.: 408 Federal Building. 

Minneapolis, l\1inn.: 900 Roanoke Building. 

Na bYilie, Tenn.: 415 Cotton States Building. 

Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. 

New Orleans, La.: 214 Customhouse. 

New York, N. Y.: 45 Broadway. 

Oklahoma City, Okla.: 427 Commerce Exchange Building. 

Philadelphia, Pa.: 933 Commercial Trust Building. 

Pittsburg-h. Pa.: 401 Law and Finance Buildin&. 

Portland, Oreg.: 407 Park Building. 

Providence. R. I.: National Exchange Bank Builcllng, 17 Exchange 

Street. ' 

St. LouL. 1\Io.: Suite 1220, 506 Olive Street. 

San Franei::;co, Calif.: HumboH Bank Building, 785 Market Street. 

Seattle. W< b.: 1730 ExclJange Building. · 

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Approved Code No. 286-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BEAUTY AND BARBER SHOP MECHANICAL 

EQUIPMENT MANUFACTURING INDUSTRY 

As Approved on April 15, 1935 

ORDER 

ArPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR THE 

BEAUTY AND BARBER SHOP :MECHANICAL EQUIPMENT ~L<\XUF ACTURING 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 an 

amendment to the Code of Fair Competition for the Beauty and 

Barber Shop :Mechanical Equipment ~1anufa turing Indu try, and 

hearings having been duly held thereon and the annexed report on 

said amendment, containing findings with re pect thereto, having 

been made and directed to the Pre ident: 

NOW, THEREFORE on behalf of the Pre ident of the United 

States, the National Industrial Recovery Board pursuant to authority ve ted in it by the Executive Order of the Pre ident, including Executive Order No. 6859, dated September 27, 1934, and 

otherwi e, do hereby incorporate by reference said annexed report 

and do find that said amendment and the Code as constituted after 

being amended comply in all re pects with the pertinent provi ions 

and -will promote the policy and purpose of said title of aiel act; 

and do hereby order that said amendment be and it is hereby approved, and that the previous approval of said Code is hereby modifi ed to include an approval of said Code in it entirety a amended. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By \V. A. HARRIMAN, Administrativ Office?'. 

Approval recommended: 

JonN \V. UPP, 

Acting Di ision Admini trator. 

'' A HINGTON, D. c. 

April 15 1935. 

120918°----1749- 45----35 (1) 
REPORT TO TI-IE PRESIDENT 

The PRE IDE T, 

The lV hite H ou.se. 

Sm: An application has been duly male, pursuant to and in full 

compliance with the provision · of the National Indu trial Recovery 

Act for an amendment to the Code of Fair Competition for the 

B auty and Barber Shop Mechanical Equipment JVIanufacturing Inclu try, submitted by said Industry through its Code Authority. 

On D cember 4, 1934, a public hearing was held in \Vashington, 

D. C. Every person that requested an appearance was properly 

hear l in accordance with the tatutory anJ regulatory requirements. 

The amendment wa revised during the rece and submitted in its 

pre ent form for approval. 

The proposed amendment clarifies the definition of the industry 

and adds certain standard definitions; it modifies certain labor provisions; it includes several standard administration provisions; it 

provide for more efficient administration organization; and it adds 

certa_i~ trade practice provisions and clarifies other trade practice 

prOVJSlOnS. 

The Deputy Administrator in his final report on said amendment 

to aiel Code having found as herein set forth and also in his memorandum which is incorporated herein by reference. ~nd on the basis 

of all the proceedings in this matter: 

It is found that: 

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

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

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

to diminish the amount thereof and will provide for the general 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 management under adequate governmental 

banction and supervision, by eliminating unfair competitive practices, by promoting the fullest utilization of the pre ent productive 

capacity of the 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 tandarcls of labor, and by other\vise rehabilitating indu try. 

(b) The Code as amended complie in all re pects with the pertinent provision of said Title of said Act, including without limitation Sub. ection (a) of Section 3, Subsection (a) of Section 7 and 

ub ection (b) of Section 10 thereof. 

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

(d) The amendment and the Code as amended are not de igned to 

and will not permit monopolies or monopolistic practices. 

(2) 
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(e) The amendment and the Code as amended are 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 

amendment. 

For these reasons, therefore, this amendment has been approved. 

For the National Industrial RecoYery Board: 

APRIL 15, 1935. 

,v. A. HARRIMAN, 

Adn~inistrative 0 ffice?o. 
A~1END HENT TO CODE OF FAIR C0~1PETITION FOR 

THE BEAUTY AND BARBER SHOP :MECHANICAL 

E QUIP MENT JVIA:NUF ACTURING INDUSTRY 

Amend the title of the Code to read as follows : 

"Code of Fair Competition for the Beauty and Barber Equipment JVIanufacturing Industry. " 

Amend Article I to read as follows: " To effectuate the policy of Title I of the National Industrial 

Recovery Act the following provision · are established as a Code of 

Fair Competition for the Beauty and Barber Equipment Manufacturing Industry and shall be the standards of fair competition for 

such Industry and hall be binding upon every member thereof." 

Amend the fir t paragraph of Article II, to read a follows: 

"As used herein, the term, 'Industry' shall mean the Industry 

eno·aged in the United State , its territories and pos essions, in the 

bu iness of manufacturing for ale and elling by the ~ifanufacturer 

of permanent waving machines, equipment, accessories also pads, 

sachets and chemical solution u ·ed in the process of permanent waving, hair dryers, scalp steamer ·, massage machines, electrical eyebrow tweezers, and arti les of mechanical equipment and accessories 

used therewith (excluding chairs and furniture) used exclusively 

in beauty shop and barber shops, and such other related products 

as may from time to time be included under the provisions of this 

Code, and the primary sale thereof under a trade mark, trade name, 

or brand, or in having such products manufactured for him under 

his own brand or specifications. · Amend Article II by adding the following paragraphs: 

" The term ' office boy ' as used herein includes boys over sixteen 

(16) and under eighteen (18) years of age employed as errand boys 

and in miscellaneous routine office work, exclusive of stenographic·, accounting and clerical work. : 

' The term ' office girl ' as u ed herein includes girls over sixteen 

(16) and under eighteen (18) years of age engaged in doing ·the 

same class of work as is done by office boys. · · · 

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"The term 'outside salesmen' as used herein includes employee8 

who are engaged wholly in sales work outside the manufacturing 

establishment. · " The term 'outside · service employees' as used herein· 'includes 

employees engaged wholly in service work outside the manufacturing 

e tablishment. r ' 

"The term 'watch111en " as used herein includes persons engaged 

enclusively in watch service and is not to include any person, · any 

part of whose time is devoted to any n1anufacturing or continuous 

process operation." · 

Amend Article V, Section 6, to read as follows : " Employers shall not re-classify employees or duties of occupations performed by employees, or engage in any other subterfuge 

so as to defeat the purpo es of the Act or the provisions of this Code." 

(4) 
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Amend Article V by deleting Section 7, and substitute the 

following: 

"Each employer sliall post and keep posted in ten point type or 

larger the full Labor Provisions of this Code, and the name and 

address of the nearest official place where Code violations may be 

reported in English and in such other languages a the employees 

may need to understand them, in conspicuous places readily accessible to each employee in the normal course of lus customary occupations. Every employer shall comply with all rules and regulations 

relative to the posting of provisions of the Code of Fair Competition which may from time to time be prescribed by the National 

Industrial Recovery Board." 

Amend Article V, Section 8 to read as follows : 

" (a) 1. A person may be permitted to engage in homework at 

the same rate of wages as is paid for the same type of work performed in the factory or other regular place of bus1ness if a certificate is obtained from the State authority or other officer designated 

by the United States Department of Labor, such certificate to be 

granted in accordance with instructions issued by the United States 

Department of Labor, provided 

(a) Such person is physically incapacitated for work in a factory or other regular place of business and is free from any contagious disease; or 

(b) Such person is unable to leave home because his or her services are absolutely essential for attendance on a person who is bedridden or an invalid and both such persons are free from any contagious disease. 

2. Any employer engaging such a person shall keep such certificate on file and shall file with the Code Authority for the trade 

or industry or subdivision thereof concerned the name and address 

of each worker so certificated. 

"(b) No manufacturing operations shall be conducted or permitted 

in any unsanitary or unsafe tenements, private houses, basements, 

or in any unsanitary or unsafe buildings, nor shall any labor be 

employed in any manufacturing or assemblinO' operation or in 

repair work under conditions, or in buildings, that are unsanitary 

or unsafe. A manual for Standards in Sanitation and Safety shall 

be submitted by the Code Authority to the National Industnal Recovery Board and shall be recommended by the American Standards 

Association of the United States or Public Health Service and shall 

become the minimum standards of this Code." 

Amend Article VI, Section 3 (a) to read as follows: 

"Each member of the Industry shall sell only upon the basis of 

open prices." 

Amend Article VI by deletin~ Sections 3 (b) and 3 (c) and substituting the following as Sectwn 3 (b), 3 (c), 3 (d) and 3 (e) : 

"(b) Each member of the Industry shall file with a confidential 

and disinterested agent of the Code Authority or, if none, then with 

such an agent designated by the National Industrial Recovery Board, 

identified lists of all of his prices, discounts, rebates, allowances, 

and all other terms or conditions of sale, hereinafter in this Article 

referred to as 'price terms', which lists shall completely and ac-
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curately conform to and represent the individual pricing practices 

of said member. Such lists shall contain the price terms for all 

such standard products of the Industry as are sold or offered for sale 

by said member and for such non-standard products of said member 

as shall be designated by the Code Authority. Said price terms 

shall in the first instance be filed within (10) days after the date 

of approval of this provision. Price terms and revised price terms 

shall become effective immediately upon receipt thereof by said 

agent. Immediately upon receipt thereof, said agent shall by telegraph or other equally prompt means notify said member of the 

time of such receipt. Such lists and revisions, t ogether with the 

effective time thereof, shall upon receipt be immediately and simultaneously distributed to all members of the Industry and to all of 

their cu tomers who have a ppliecl therefor and have offered to defray the cost actually incurred by the Code Authority in the preparation and distribution thereof and be available for inspection by any 

of their customers at the office of such agent. Said lists or revisions or any part thereof shall not be made available to any person 

until released to all members of the Industry and their customers, 

as aforesaid; provided, that prices filed in the first instance shall 

not be released until the expiration of the aforesaid ten {10) clay 

period after the approval of the amendment. The Code Authority 

shall maintain a permanent file of all price terms filed as herein 

provided, and shall not destroy any part of such records except 

upon written consent of the National Industrial Recovery Board. 

Upon request the Code Authority shall furnish to the National 

Industrial Recovery Board or any duly designated agent of the 

National Industrial Recovery Board copies of any lists or revisions 

of ?trice terms. 

' (c) When any member of the Industry has filed any revision, 

such member shall not file a higher price within forty-eight {48) 

hours. 

" (d) :No member of the Industry shall sell or offer to sell any 

products/services of the Industry, for which price terms have been 

filed pursuant to the provisions of this Article, except in accordance 

with such price terms. 

" {e) No member of the Industry shall enter into any agreement, 

understanding, combination or conspiracy to fix or maintain price 

terms, nor cause or attempt to cause any member of the Industry to 

change his price terms by the use of intimidation, coercion, or any 

other influence inconsi tent with the maintenance of the free and 

open market which it i the purpose of this Article to create. 

Amend Article VI, Section 3, by inserting the following as sub- ~ec tion (f) : 

" On and after May 1, 1935, no member of the Industry shall sell 

any mechanical equipment, permanent waving supplies or other 

merchandise, the manufacture or sale of which is governed by this 

Code, without having first affixed thereto a label supplied by and 

purchased from the Code Authority. Subject to such rules and regulations as may heretofore have been or may hereafter be issued under 

Title I of the Act, covering the u e of labels under codes of fair 

competition, the Code Authority shall have the power to create such 

classes and varieties of labels as it shall deem necessary, and to make 
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reasonable rules and regulations governing the affixing of such labels 

to all merchandise sold by members of the Indu try. The privilege 

of using such labels may be withdrawn and the i suance and u e 

thereof may be suspended in respect to any member of the Indu try 

whose operations, after appropriate hearing by the Code Authority 

and review by the National Indu trial Recovery Board, shall have 

been found to be in violation of the requirements of this Code, and 

the Code Authority shall have the power to demand of each member 

of the Industry desiring to obtain and use uch labels, such certificates 

or other evidence of compliance as it may deem appropriate, subj ct 

to approval of the National Industrial Recover:r Board." 

Amend Article VI, Section 3 by deleting subsection (d) and 

substitute in lieu thereof a new subsection (g) to read as follows: 

"No men1.ber of the Indu try shall secretly offer or make any payInent or allowance of a rebate, refund, commission, credit, unearned 

discount or excess allowance, whether in the form of money or 

otherwise for the purpose of influencing a sale, nor shall a member 

secretly or otherwise extend to any customer any special service or 

privilege not extended to all customers of the same class." 

Amend Article VI, Section 6 (a) to read as follows : 

"No member of the Industry shall accept from any customer the 

return of shopworn, damaged or obsolete merchandise unless said 

customer shall have obtained the written authorization of the member of the Indu.Gtry to make such return. The member of the Industry shall charge the customer the actual cost of handling all goods 

returned and, in addition, the necessary cost of reconditioning, repairing or modernizing the goods to put them in a saleable condition. 

The provisions of this Section shall not apply to any article which 

is defective material or workmanship, and which upon examination 

is found to be defective. 

Amend Article VI, by deleting Section 7 and substituting therefor a new Section 7, as follows : 

" No member of the Industry shall manufacture or sell any permanent wave supplies which do not have plainly printed or embossed upon all pads, sachets, bottles, labels, boxes and containers 

the name and address of the member of the Industry by whom and 

for whom such permanent wave supplies are manufactured, provided, however, that any member of the Industry who is engaged in 

or desires to engage in the making of permanent waving supplies 

for others may, upon application to the Code Authority, obtain one 

or more registered numbers, which numbers shall be assigned for 

the sole and exclusive use of such ~Iember of the Industry, and 

thereupon may manufacture permanent waving upplies bearing the 

name and address of any other manufacturer, dealer or shop together 

with any registered number which has been so assigned to such 

~Iember of the Industry by the Code Authority, uch number, 

together with a design or insignia approved by the Code Authority 

to be in lieu of the name and address of the Member of the Indn try 

actually manufacturing such permanent waving'supplies." 

Amend Article VI, by adding the folowing new Section 10 : 

"Sectjon 10. No member of the Industry shall designate as an 

"advertising allowance", a "promotion allowance", or by a similar 

term, any price reduction, discount, bonus, rebate, concession, or 
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other form of allowance, or any consideration for advertising or 

promotion services, offered or given by him to any customer. 

".No member of the Industry shall offer or give any consideration 

merely for "pu ·hing ", "advertising", or otherwise than for definite 

and specific advertising or promotiOn services. Such consideration 

shall be given only pursuant to a separate written contract therefor, 

which contract shall specifically and completely set forth the advertising or promotion services (in such manner that their specific 

character may be understood by other n1embers of the Industry and 

their customers) to be performed by the recipient of said consideration, the precise consideration to be paid or given therefor by said 

member, the method of determining performances, and all other 

terms and conditions relating thereto. 

" (a) Immediately upon the making of any such contract for 

advertising or promotion services by any member of the Trade/ Industry, a true copy thereof shall be filed by said member with ~ 

confidential and disinterested agent of the Code Authority (as 

provided for in this Code), or, if none, then with such an agent 

to be designated by the National Industrial Recovery Board. Said 

agent shall maintain all copies of such contracts on file until six (6) 

months after the termination thereof, and shall make the same 

available at his office for inspection at all reasonable times by all members of the Trade/Industry, and all of their customers and shall 

distribute a true copy of any such contract to any member of the 

Industry or any customer who applies therefor and offers to pay 

the cost actually incurred by the Code Authority in the actual preparation and distribution thereof; provided, that no such inspection 

or copy shall be permitted or made available to any person until 

permjtted or made available to all members of the Industry and 

their customers, as aforesaid. Upon request, said agent shall furnish 

to the National Industrial Recovery Board, or any duly designated 

agent of said Board, copies of any such contract. 

Amend Article VII, Section 7, by inserting the following as 

Subsection (c) : 

"Each member of the Industry shall keep accurate and complete 

records of its transactions in the Industry whenever such records 

may be required under any of the provisions of this Code, and shall 

furnish accurate reports based upon such records concerning any 

of such activities when required by the Code Authority or the N ational Industrial Recovery Board. If the Code Authority or the 

National Industrial Recovery Board shall determine that substantial 

doubt exists as to the accuracy of any report, so much of the pertinent 

books, records and papers of such members as may be required for 

the verification of such report may be examined by an impartial 

agency, agreed upon between the Code Authority, and such memberi 

or in the ab ence of agreement, appointed by the National Industria 

Re overy Board. In no case shall the facts disclosed by such examination be made available in identifiable form to any competitor, whether 

on the Code Authority or otherwise, or be given any other publication, 

except such as may be required for the proper administration or enforcement of the provi. ions of this Code. 

Aprn·o•ed Code No. 286-Amendment No. 2. 

Registry No. 1606-05. 

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