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Registry No. 806-02 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

RAINWEAR INDUSTRY 

AS SUBMITTED ON SEPTEMBER 1, 1933 

WE DO OUR P.ART 

I L 

U.&. DEfl09'TO~Y 

The Code for the Rainwear Industry 

in its present form merely reflects the proposal of the above-menti~ned 

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 

WASHINGTON : 1933 

GOVERNMENT PRINTING OFFICE 

UNITED STATES 

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

" 
SUBMITTED BY 

NATIONAL RAINWEAR MANUFACTURERS ASSOCIATION 

(II) 
PROPOSED CODE OF FAIR COMPETITION FOR THE RAINWEAR INDUSTRY SUBMITTED BY NATIONAL RAINWEAR 

MANUFACTURERS ASSOCIATION 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, during the pe:ri d of the emergency, by reducing ::rnd 

relieving unemployment, improving the standards of labor, eliminating competitive practices destructive of the interests of the public, 

employers and employees, and otherwise rehabilitating the rainwear 

industry the following provisions are established as a code of fair 

competition for the rainwear industry: 

1. DEFINITIONS 

The term "effective date" as used herein is defined to be the first 

Monday following the approval of this code by the President. 

The term "persons" as used herein shall include natural persons, 

partnerships, associations, and corporations. The term "employer" as uc::ed herein shall include every person 

(whether individual, partnership, association, or corporation) engaged 

in the production and/or wholesale distribution of raincoats or other 

articles of rainwear as manufacturer, contractor, wholesale, or jobber. 

The term "manufacturing employee" as used herein is defined to 

mean one who is engaged in the cutting, machine operating, cementing, buttonhole making, and button sewing in any factory in the rainwear industry. 

The term "nonmanufacturing employee" as used herein is defined 

to mean all persons engaged in brushing or cleaning away the threads 

from finished garments and folding them, or engaged in any other 

miscellaneous nonn1anufacturing process in any factory in the rain wear 

industry. 

The term "apprentice" as used herein is defined to mean any 

person who has never worked or been employed for at least six weeks 

in the rainwear industry and is a learner therein. 

The term "rain wear industry" as used herein is defined to include 

those engaged chiefly in the manufacture of men's, women's, children's, and infants' garments made of rubberized, waterproof cloth 

or oiled fabrics. 

2. CHILD LABOR 

On and after the effective date, en1ployers in the rainwear industry 

shall not employ any minor under the age of sixteen (16) years. 

3. MAXIMUM HouRs 

On and after the effective date, employers in the rainwear industry 

shall not operate on a schedule of hours of labor for their employees in 

excess of 40 hours per week. Such work to take place in five days of 

the week exclusive of Saturday and Sunday. There shall be only one 

eight-hour shift in any 24 consecutive-hour period. Overtime is 

expressly prohibited. 

9728-33 (1) 
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4. EXCEPTIONS 

This excludes employees on emergency maintenance and repair 

work, engineering, and research staffs, those occupying executive or 

managerial positions, foremen, outside sales staffs, plant watchmen, 

firemen, engineers, shipping forces, and porters. The above exclusions together with workers in special cases where restrictions of 

hours on continuous processes would unavoidably reduce production 

or cause spoilage shall be paid time and one third for hours worked in 

excess of the maximum. The above provisions as they involve overtime shall not apply to anyone receiving $30.00 or more per week. 

5. MINIMUM WAGES OF EMPLOYEES 

On and after the effective date, the minimum wage that shall be 

paid by employers of the rainwear industry to their manufacturing 

employees shall be the following: 

Per hour 

Cutters_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $0. 60 

Cementers-Female___________________________________ . 40 

Male_____________________________________ . 50 

Opera tors-Female___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 35 

Male _______ ·_____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 40 

On and after the effective date the minimum wage that shall be 

paid by employers in the rainwear industry except as hereinafter 

provided for apprentices shall be at the rate of $13.00 per week when 

employed for forty (40) hours of labor. 

6. MINIMUM WAGES AND TIME LIMITATION FOR APPRENTICES 

On and after the effective date, the minimum wage that shall be 

paid by employers in the rainwear industry to apprentices or learners shall be at the rate of $10.00 per week when employed for forty 

(40) hours of labor; provided, however, that such apprentices or 

learners shall not be paid less than the piecework rate paid to experienced workers. The period of apprenticeship for employees shall be 

limited to six weeks. 

7. EMPLOYER 

On and after the effective date, no employer or officer of any firm, 

association, or corporation, engaged in the rainwear industry shall, 

directly or indirectly, work in his own factory as operator or cementer. 

8. LABOR 

Employees in this industry 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 any other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. No employees 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. Employers in this industry shall comply with the maxi-
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mum hours of labor, minimum rates of pay, and other conditions of 

employment approved or prescribed by the President. All processing and manufacturing shall be done exclusively on the 

premises and in the factories or shops of persons operating under this 

code as hereinafter provided, and no part of such processing or manufacturing shall be done in the homes of employees. 

No work shall be done or permitted in tenement houses, basements, 

or in any unsanitary building or buildings unsafe on account of fire 

risks. 

9. ADMINISTRATION 

The responsibility for the administration and enforcement of this 

Code shall be vested in a Rainwear Code Authority under the supervision of the Rubber Manufacturers Association. 

The National Rain wear Manufacturers Association shall select, as 

members of the Rainwear Code Authority, one representative from 

the Oil Branch Industry, two from the Midwestern Manufacturers, 

two from New England and two from New York. 

Headquarters of the Rainwear Code Authority shall be at the 

offices of the Rubber Manufacturers Association, 250 West 57th 

Street, New York City, and meetings of the Rainwear Code Authority 

shall be held at the headquarters office. Two-thirds of the Rainwear Code Authority shall constitute a quorum, and a majority of a 

quorum of the Rainwear Code Authority must be had before any 

decision on any ma tter shall be determined to have been acted upon. 

The Rainwear Code Authority is expressly authorized to deputize 

its representatives to aid and perform such acts as may be necessary 

to carry into effect the provisions, purposes, and intent of thi.s Code as 

effectuating the policy and purposes of the National Industrial Recovery Act under the supervision of the Rubber Manufacturers Association. 

The Rubber Manufacturers Association shall have power to examine all books of accounts and records of employers so far as may 

be necessary to determine whether such employers are observing the 

provisions of this Code and to the extent of this necessity all employers are hereby required to submit their books and records for such 

examination as may be necessary under this provision. 

The expense of administering this Code shall be borne by all adherents to this Code and all other employers in the industry in such 

proportion and amounts and in such manner as may be determined by 

the Rainwear Code Authority, provided that the basis of prorating 

such costs shall be equitable and uniform as to all persons in the 

Rain,\'ear Industry and that no discriminations be made in the 

establishment of such rules and regulations under the supervision of 

the Rubber Manufacturers Association. 

10. GE ERAL PROVISIONS AS TO COMPETITIVE PRACTICES 

1. Terms and Discounts.-All terms shall be F.O.B. factory. The 

maximum cash discount shall not exceed 8% 10th proximo E.O.M. 

No other discounts whatsoever nor any rebates shall be given to any 

buyers, buying offices, or other customers. 

2. Selling on Consignment.-No merchandise shall be shipped on 

memorandum or on consignment for sale. 
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3. Grat1i.it·ies.-The giving of gratuities or gifts to buyers, or their 

agents, whether in form of money, goods, or privileges is expressly 

prohibited. 

4. Standard Sizes .-The following shall be the standard sizes in 

the rainwear industry: 

Infants, 2-6; Girls, 6-16; Boys, 6-16 (18-20, at IO% extra); 

Misses, 14-20; Ladies, 34-44 (46-52, at not less than 50¢ extra); 

Mens, 34-46 (48-52, at not less than 50¢ extra). 

5. Return of Merchandise.-The unjust return of merchandise constitutes one of the greatest evils in the industry. It involves an 

enormous loss and waste due to cost of resale, cost of reshipment, 

damage incident to transportation, and absence of merchandise fron1 

stock at a time when it might readily be disposed of. It is, therefore, 

agreed that no merchandise purchased and shipped in good faith and 

in accordance with the buyer's specifications n1ay be returned for 

credit by any purchaser or if returned such merchandise shall not be 

accepted for credit if the same was retained by the purchaser for 

more than five days. 

11. INVOICES 

No order shall be accepted without stipulating the sale price and 

date of shipment. No sale shall be made by any member upon any 

other terms except as expressly set forth in the order contract of sale 

or the invoice pertaining to such sale. 

12. ADVERTISING 

Allowances or discounts for advertising or for payment for space 

in newspapers, magazines, guides, or directories on behalf of any 

retailer to be used in promoting the sale of merchandise to the consumer is prohibited. The supplying of cuts, matrices, and window 

cards shall, however, not be included in such prohibition. 

Prison.-N o merchandise shall be nianufactured for any member 

in any prison, prison camp, penitentiary, or reformatory. 

Style Piracy.-Style and design piracy is declared to be an unfair 

trade practice and an unfair method of competition and is prohibited. 

13. LICENSING · 

1. Recognizing that the stability of the rainwear industry and 

ability to carry into effect the purpose and content of the National 

Industrial Recovery Act depends entirely upon complete cooperation 

of all those engaged in the rainwear industry and with a view to 

effectuating such complete stabilization, all manufacturers who are 

members of the National Rain wear Manufacturers Association shall 

by virtue of their membership therein be deemed collectively to have 

been licensed to do business in this industry under this code. 

2. All employees engaged in the rainwear industry and employers 

of the National Rainwear Manufacturers Association shall, prmnptly 

following the effective date of this code, obtain and procure from the 

administration, subject to the approval of the governing board, a 

license or permit to engage or continue in business, shall be conditioned upon the obligation of the licensee to comply with all and 
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every one of the provisions of this code and the amendments thereof 

and such current and further regulations as may be prescribed by 

the governing board. 

14. 

The National Rain wear Manufacturers Association shall impose no 

inequitable restrictions or admission to membership therein. 

This code is not designed to promote and shall not be construed to 

permit monopolies or monopolistic practices; nor is it designed to 

eliminate or oppress small enterprises, and it shall not operate to discriminate against them, but shall seek only to effectuate the policy of 

Title 1 of the National Industrial Recovery Act. 

15. 

It is recognized that in the Eastern and Western areas the methods 

employed to a very large extent in the production of rainwear necessitates the employment of contractors. Accordingly all firms engaged in the Rainwear industry who cause their garments thus to be 

made by contractors as aforesaid, shall designate the contractors actually required; shall confine and distribute their work equitably to 

and among them and shall adhere to the payment of wages for such 

production in any amount sufficient to enable the contractors to pay 

the employees the wages and earnings provided for in this code together with an allowance for the contractor's overhead. 

16. CANCELLATION OR MODIFICATION 

Supplements, amendments, and additions to this code may from 

time to time be submitted for approval of the President of the United 

States. The President of the United States may from time to time 

cancel or modify any order, rule, or regulation issued hereunder. 

In the event any provision of this code shall be disapproved or held 

invalid, such action shall in no way affect any other provision thereof. 

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UrJIVERSITY O F FLO R IDA 

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