Registry No. 1607-o3 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

CURLED HAIR INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

WE DO OUR PART 

I 

I 

The Code for the Curled Hair Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to: be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHIN GTON : 1933 

For sale by the Superintend nt of Docume nts. Wa hington, D.C. - - - - - - - - Price 5 cents 

CODE OF FAIR COMPETITION OF THE CURLED HAIR 

INDUSTRY 

RTI LE I-P TnPo E OF THE CoDE 

purpo e of the Code i to effe tuate the poli ie t forth in 

Titl I of th ational In lu trial Re avery A t during the period 

of th em rg nc t forth ther in in ofar as it i a1 plicabl to the 

uri d Hair In lu tr. r by reducing unemplo ment, improving the tan lards of lab r eliminating practice inimical to th intere t of 

th rnbli employ e , and employ r to incr ase the comp n ation of 

indn trial and agricultural pro lu t by increasing the general purha in · p w r, and otherwi e to imi rove the pre ent conditions of 

th urled Hair Indu try and all such purposes as are set forth in 

th National Recover. Act in ofar a the ame appl to the Curled 

Hair Indu tr . 

ARTICLE II-DEFINITION 

th business 

man th o i, tion 

(1 
2 

(a) The term products" includes only Curled Hair or Curled 

Hair and fibre. 

(b) The term "plant" means only a plant for the production o£ 

one or more products in the Industry; 

(c) The term " prices " means only prices for products produced 

in the Industry; · 

(d) The term "wages" includes only wages :for labor performed 

in the Industry; 

(e) The term " labor " means only labor performed in the 

Industry; 

(£) The term " hours o£ labor" or" hours o£ work" includes only 

hours o£ labor or hours o£ work in the Industry; and 

(g) The term "employee" means only an employee in the 

Industry. 

SEc. 10. The term "the National Indu trial Recovery Act" means 

the National Industrial Recovery Act as approved by the President1 

June 16, 1933. 

SEc. 11. The term "the effective date o£ the Code" means the second Monday after the date on which the Code shall have been approved by the President, pursuant to the National Industrial 

Recovery Act. 

ARTICLE III-AD nNISTRATION OF THE Com~ 

SECTION 1. " The National Association o£ Curled H air Manufacturer ", herein ometime referred to as " the Association ", is an 

unincorporated group having an office at present at Philadelphia, 

State o£ Pennsylvania. Membership in the Association shall be 

open to all members o£ the Curled Hair Industry. The reasonable 

cost o£ administering the National Association o£ Curled Hair Manufacturers shall be a es eel to the members directly. The dues asse sed :for such cost on an equitable basis shall be ectablished by the 

Association and shall be ubj ect to revision from time to time by the 

Association. 

SEc. 2. The Association shall be the general planning and coordinating agency for the Curle 1 Hair Industry and shall cooperate 

with the President in :furthering the policies o£ the National Industrial Recovery Act. 

ARTICLE IV-Houns OF L ABOR, RATES OF PAY, AND OTHER CoNDITIONS 

OF ~ [PLOYMENT 

SECTION 1. Pur uant to subsection (a) o£ Section 7 o£ the National 

Indu trial Recovery Act and o long as the Code shall be in effect, 

t.he Code shall be subject to the :following conditions : 

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

collectively through representatives o£ their own choosing, and shall 

be free from the interference, r straint, or coercion o:f emr loyer o:f 

labor, or their agents, in the designation of such repre entatives or 

in self-organization, or in other concerted activities :for the purpose o£ collective bargaining or other mutual aid or protection; 

(2) That no employee and no one seeking employment shall be 

required as a condition o£ employment to join any company union 
•r tor frain fr m J inino-, organiz;inb, or a .. i tin · a lab r r ·amzati n of hi ' n cho in · an l 

( ) That mrloy r hall mpl)· with the maxin;mn hours of 

lab r minimum rat of pay an l ther n lition of mr 1 ym nt, 

a £1' v l or pr ribed b th Pr id nt. 

E . ""· Th I lant of th n lu try are open t ar abl workmen 

with n r o·an1 t th ir m mber. hip r nonm mber hip in any labor 

oro·anization. Th In l1 tr3 firmly beli ve that th un 1ualified 

maint nan of that prin ipl i to the int re t of it mpl ye . E . . Th Indu try un l r tan 1 that nothing in Article IV, 

cti n 1. ub livi ion 1 .f./ ' and 3, hall impair in any parti 1lar the 

ti utional right of th mploye an l emrlo} er to baro-ain in- lividually or oll tiYely a may be mutually ati factory to them, 

n r l it impair th joint rio·ht of emp o~ r an l employe to operate an pen h p and that nothino· in the -.. ail ection and ubclivi ion hall pr vent a member of the In lustry from ele tino· disharging, retaining and aclvancing any emplo3 e or emplo ee on 

th ba._i of hi or their individual merit without r garcl to hi or 

their affiliation or nonaffiliation with any labor organization. 

EC. 4. None of the members of the Inclu try shall employ in or 

ab ut it· plant any per on under i~'i een year of age. 

EC. 5. No employee as noted below shall be paid less than 35¢ 

per hour for f male and 40 per hour for male . Employees disabl d by old ao-e or other cau es, employed in the plant and not to 

exceed in number five percent of the pay roll who hall receive not 

I than 0 percent of the minimum rate . EC. 6. No employer hall employ any per on except a hereinafter mention d over 40 hours per week in any period of 26 weeks, 

nor over 48 hour in any one "eek, but uch employees! shall in no 

ca work more than 40 hours average in any 26-week period. The 

provision of this paragraph hall not apply to repair, eno-ineering, 

firemen shipping, watchino-, upervi ory staff, executiv , and alesmen re eiving 35 lollar per week and over. The workino- ho us 

of Offic Empl yee hall be an average of forty h ur a w ek in any 

tw nty- ix w k ' period. For the purpose of thi ection the fir t 

tw nty- ix week period f r ea h employe in the employm nt of 

any m mber of th In lu try at the effective dat hereof hall be;in 

with uch date and the fir t twent - ix w ek period for an_r mplo hereafter em1loy d hall begin with the date f empl ym nt 

f ach mplovee. 

:\Il\HTTEF ." 

f carr, ing into ffect the poli ie of th r ational 

t the A . ociation hall appoint an In lu try 

oma ppr \eel b thr e 

~ llTI 'LE YI-1 .-F.Aln lL\( 'Tl 'E . 

h at · d 

unfair pra i 

which hall b 

in ch dul I . , u h unfair pra - 1 clar 1 t b unfair 
4 

practices by the Association or by any amendment to the Code 

adopted, as hereinafter in Article IX provided and at the time in 

effect, shall be dee~med to _be unfair methods of competition in commerce within the meaning of the Federal Trade Commission A t as 

amended, and the using or employing of any of them shall be deemed 

to be a violation of the Code; and any member of the Industry 

which shall, directly or indirectly, through any officer or representative, knowingly use or employ any of uch unfair practices hall be 

guilty of a violation of the Code. 

ARTICLE VII-EN FOR CEMENT oF THE CoDE 

In the ca e of a complaint 1nade to the Association of any violation of this Code, or any am.endment or supplement thereto, the 

Association shall cau e such complaint to be investigated. Should 

the Association have reasonable ground for believing that the complaint is justified and if, after reasonable notice to the offender, the 

offender does not correct any such violation, the Association shall 

duly notify all of the 1nembers of the Indu try of such violation. 

The Association may thereafter in its discretion present the facts 

of such violation to the Attorney General of the United States, or 

the F ederal Trade Commission, or any other duly constituted public 

authority upon whom the duty of enforcing this Code of fair competition rests. 

ARTI 'LE ' III-GENERAL PROVISIONS 

SECTION 1. Any notice, demand, or request required or permitted 

to be given to, or made upon, any member of the Industry shall be 

sufficiently given if telegraphed prepaid, addressed to such member 

at the addres of such member on file with the Association and in 

the event that no time i provided in this Code for the delivery of 

any notice, dem.and, or request, ten days' notice shall be required to 

be given. 

SE . 2. None of the members of the Industry shall be liable in any 

manner to anyone for any acts of any other member of the Industry, 

or for any acts of the A sociation, or any officer, committee, attorney, 

or employee of the A sociation. None of the members of the Industry or Association or any committee, officer, attorney, agent, or 

employee thereof appointed by the Association for the Industry shall 

be liable to anyone for any act or om.ission to act under the Code, 

except for a willful misfeasance or nonfea ance. Nothing contained 

in the Code shall be deemed to confer upon anyone other than a 

member of the Industry any right, claim, or demand whatsoever 

against a memb r of the Association or of any committee appointed 

by the Association or against any officer, attorney, or employee 

employed by the As ociation. 

SE . 3. As soon as members of the In lu. try representing three 

fourth· of the member of the A ociation shall have signified their 

approval of the Cole, the Code Committee through it Chairman 

shall submit the Code to the Pre ident pursuant to the provisions of 

Title I of the National In lustrial Recovery Act, and upon approval 

of the Code by the Pre i lent pursuant to the provisions of such 
Titl I, th d 

f th IHlu tr . 

hall a PllY to an 1 be binc1in o- u pun ,Y ry m nliJer 

E ' . -::!: . 'I h ~ ciati n ·hall h1n , h 1uw r from tim to tj me t 

int q r t anLl on 'true th 1 roYisi 11. · f th <.le, in ln ling. bu 

'Yithout limitation upon th foreo·oin · 1 wcr to <letcnnin what ar 

pr lu · '"ithin the meanin · of that nn a it i. · u · cl in th orle. 

Any int rpr tation or on. ru ion pla' c1 upon tl C'o1l by the 

... \.. ·sociation hall b final aucl nclusin upon all m mber,. f the 

In lu.try. 

EC'. ';,. Th A iati n hall ha ~ pow r fr m tim to tim to 

d l 0'<1 any 1 ow r c nf rr c1 upon it 1ur uant to any of th proYi ·ion· of thi , l t an~' ommittee mpo , cl f m mb r th reo£ 

an l r me1 1b r · of the I nclu try and/ or attorney and/ r agent . . 

E . ·. Pur uant to ~ ubcli ' 'isi 1 (b) of e tion 10 of th X ational 

In lu trial Re OYery A ct. the Pre ·ident may fr011 tim to time anc l 

r m lif~· any or'l r, a pproYal lie n e i·ul or r eo·ulation i ·u d 

un ler Titl I f .. ail \ t . 

TICLE IX-Al\IEN Dl\IENTH 

Thi. Cod may be amende 1 at any time in the manner hereinafter 

l;roYicled. The chano·e of an3 chedule hereto or the addition hereto 

of any new chednl ·hall on titute an amendment of the Code. 

All am nclment hall be propo eel by not le than twenty-fiv perc nt of the memb r. of the A ociation. Each amendment so prop eel hall be ·ubmitte l to a meeting of memb r of the A · ociati n which ball be call d for such purpo ·e upon giYing not le s 

than t n da , ' notice to each member of the A ociation tating the 

tim and plac of uch meetino· and the purpo e ther for. If at 

u h meeting the memb r. of the A ociation r epr enting three 

fourth f th member ther of hall vote in fav r of the adoption 

of ·u h am ndment, uch amendm nt hall be ·ubmitte 1 t the 

Pr .. i 1 nt f r approYal if appt· al thereof by him hall then be 

r 1uir l b3 law. u h amendm nt hall tak effe t a a part of th 

'ole up n the adoption th r of by men1bers f the A o iati n a. 

ab ve I roYi 1 d an l th approval thereof by th Pr i 1 nt if 

approYal th re f . hall b requir 1 a afore aid. 

Thi od hall ontinu in eff ct until terminat l a h r inafter 

pro ·ill l. may be terminated at any tim by the am a tion b. 

rrr t> tlll er. f tlw .·. ociation a i. · aboY 1 rovi 1 l an 1 required for 

a11wndm nt ther of. \\ h n t rminat cl all bliaation an 1 lia ili1 ic. under th 'o l hall cea ... e, x I any obliga ion whi h have 

:t<·c·ru •d n11 ler any provi. i n f th cl prior to . n h tern ination 

cl at<·. 
llllllllll~llti~lfllllfll'fl ~II ~I ill ill) m1i~llllll lllll 3 1262 08855 8498 

SCHEDULE 1 

LIST OF UNFAIR PRACTICES 

For the purpose of the Code the following described acts shall constitute 

unfair practices : 

(a) Sales of the products of the Industry to any distributor, dealer, or 

consumer of a quality lower than that previously purchased by such consumer 

without informing such distributor, dealer, or consumer of the difference, or 

alleged difference, in quality. (b) Making or promising to any purchaser or prospective purchaser of any 

product, or to any officer, employee, agent, or representative of any such pur- chaser, or prospective purchaser, any bribe, gratuity, gift or other• payment 

or remuneration, directly or indirectly, or promise of reciprocity purchases. 

(c) Procuring, otherwise than with the consent of any member of the Industry, any information concerning the business of such member which is 

properly regarded by it as a trade secret or confidential within its organization, other than information r elating to a violation of any provision of Code. 

(d) Imitating or simulating any design, style, mark, or brand, used by any 

other member of the Industry. 

(e) Using or substituting any material superior or inferior in quality to 

that specified by the purchaser of any product. (f) Canceling in whole or in part, or permitting the cancelation in whole 

or in part, of any contract of sale of any product except for a fair consideration, or paying or allowing to any purchaser in connection with the sale of 

any product any rebate, commission, credit, discount, adjustment, or similar 

concession other than a· is permitted by the Code and specified in the contract 

of sale. 

(g) Disseminating, publishing, or circulating any false or misleading information relative to any product or price for any product of any member of the 

Industry, or the credit standing or ability of any member thereof to perform 

any work, or manufacture or produce any product, or to the conditions of employment among the employees of any member thereof. 

(b) Inducing or attempting to induce by any means any party to a contract 

with a member of the Industry to violate such contract. 

(i) Aiding or abetting any person, firm, association, or corporation in any 

unfair practice. 

(j) Making or giving to any purchaser of any product any guaranty or protection in any form against decline in the market price of such product. 

(k) Giving free samples in excess of one pound of any one grade. ( 1) The practice of shipping products on consignment bas result'ed in unfa ir 

competition. No member of the Industry shall deliver the products thereof on 

consignment except to an affiliated company of such member. An affiliated 

company shall mean a company in which a member of the Industry bas a 

voting control through the record or equitable title of the voting stock thereof, 

or has control of such company in any other manner. 

(m) The making of false statements or reports, written or oral, required 

pursuant to any of the provisions of this Code or any r esolution duly adopted 

lJy the National Association of Curled Hair Manufacturers. · ( n) Selling below cost is an unfair trade practice. 

(6) 

0