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3 1262 08486 7927 ••rr•--·-- ----- -- Registry No. 299-25B 

NATIONAL RECOVERY ADMINISTRATION 

CODE O·F FAIR COMPETITION 

FOR THE 

SHOULDER PAD 

MANUFACTU·RING INDUSTRY 

AS APPROVED ON FEBRUARY 5, 1934 

WE DO OUR PART 

0-: t. ' . ----

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 193.& 

For sale by the Superintendent of Doc11ments, Wasbiniton, D.C. - - - - - - - • Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

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Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 262 

CODE OF FAIR COMPETITION 

FOR THE 

SHOULD·ER PAD MANUFACTURING INDUSTRY 

As Approved on February 5, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION FOR THE SHOULDER p AD 

MANUFACTURING 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 Shoulder Pad Manufacturing 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. 

HUGH S. JOHNSON, 

Adnvi,ni,strator for Industrial Recovery. 

Approval recommended : 

A. D. w HITESIDE, 

Divi,sion Admvni,strator. 

WASHINGTON, D.C., 

February 5, 1934. 

38143°-37~7-34 (231) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: The Public Hearing on the Code of Fair Competition for the 

Shoulder Pad Manufacturing Industry, as proposed by the National 

Association of Shoulder Pad Manufacturers, Inc., was conducted in 

Room 2062, Department of Commerce Building, Washington, D.C., 

on October 31, 1933. Every person who requested an appearance 

was fairly heard in accordance with regulations of the National 

Recovery Administration. The Code has the approval of the Labor, 

Industrial, and Consumers' Advisory Boards of the National 

Recovery Administration and of the Legal Di vision. The chairman 

of the Code Committee of the submitting association, upon authorization of the Committee, has also given his approval to the final draft 

of the Code on behalf of the industry. 

DESCRIPTION OF THE INDUSTRY 

The industry as defined in the Code includes the manufacture 0£ 

shoulder pads and sleeve beads made from several partly processed 

materials, nan1ely, carded and/ or garnetted china cotton, cotton 

waste, wool waste, waddings, and muslin stit-ched together to form a 

padding or mattressing for building up of the shoulders, necks, and 

sleeves of men's and women's coats. The articles enumerated herein, 

when made in clothing factories and used in connection with the 

garments manufactured in such factories, are exempted from the 

provisions of this Code. 

The Shoulder Pad Manufacturing Industry is a " supply " industry 

selling to the manufacturers of men's and women's coats. The definition hmits application of the Code to the shoulder-pad manufacturers 

whose product is used by and sold to the clothing manufacturing 

trades. 

The submitting association represents 19 of the approximately 22 

shoulder pad manufacturers in the United States and 93% of the 

industry in volume of business and number of employees. The aggregate annual sales in 1932 was $1,452,000; the aggregate invested 

capital in 1932 was $963,000, and the number of employees in 1932 

was 558. 

RESUME OF THE CODE 

Article I gives the purpose of the Code. 

Article I I sets forth certain definitions. 

Article II I contains the maximum hour provisions of the Code and 

restricts the number of shifts of employees in any one day to one. 

Article IV establishes the minimum wage for all employees employed in the industry. 

(232) 
233 

Article V sets forth the general labor provisions. 

Article VI provides for the organization of the Code Authority 

and defines its powers. 

Artwle VII defines trade practices which are unfair and shall be 

eliminated. 

Article VIII provides for the modification of the Code in accordance with Section 10 (b) of the National Industrial Recovery Act. 

Article IX states that this Code shall not permit monopolies. 

Artwle X fixes the effective date as the tenth day after its 

approval by the Adminjstrator. 

LABOR PROVISIONS 

No part of the industry is unionized. The testimony brought out 

at the Public Hearing showed uniformly satisfactory labor relations. 

Previous to the President's Reemployment .Agreement, according to 

testimony presented at the hearing, the wages paid in the Shoulder 

Pad Industry were considerably lower than those provided in this 

Code. The wage and hour provisions are closely related to those 

of the Men's Clothing Code and meet with the approval of the 

Labor Advisory Board. 

FINDINGS 

The 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 designed to promote the policies and purposes of Title I of the N.ational Industrial Recovery .Act, .including 

removal of obstructions to th~ 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 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 fulle t 

possible 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 standards 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 Subsection (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 admission to membershjp therein. 

( d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 
234 

( e) The Code is not designed to and will not eliminate or oppress 

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. 

For these reasons the Code has been approved. 

Respectfully, 

FEBRU.ABY 5, 1934. 

HUGH s. JOHNSON, 

Administrat(YI'. 
CODE OF FAIR COMPETITION FOR THE SHOULDER PAD 

MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code 

of Fair Competition for the Shoulder Pad Manufacturing Industry 

and shall be the standards of fair competition for this industry and 

shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "industry" as used herein includes the manufacture 

of shoulder pads and sleeve heads, made from several partly processed materials, namely, carded and/or garnetted china cotton, 

cotton waste, wool waste, waddings and muslins, stitched together 

to form a padding or mattressing for building up the shoulders, 

necks, and sleeves of men's and women's coats. The article enumerated herein when made in clothing factories and used in connection with the garments manufactured in such factories are exempted 

from the provisions of this Code. 

2. The term " employee " as used herein includes anyone engaged 

in the industry in any capacity receiving compensation for his 

services, irrespective of the nature or method of payment of such 

com pens a ti on. 

3. The term "emJ?loyer" as used herein includes anyone by whom 

any such employee 1s compensated or employed. 

4. The term "member of the industry" includes anyone engaged 

in the industry as above defined, either as an employer or on hi£ 

own behalf. 

5. The terms "Act" and "Administrator" as used herein shall 

mean respectively Title I of the National Industrial Recovery Act 

and the Administrator for Industrial Recovery. 

6. The term "apprentice " as used herein shall mean any employee 

performing a machine operation who has not been employed in the 

industry for a full period of ten (10) weeks. 

ARTICLE III-HoURs OF LABOR 

1. No employee shall be permitted to work in excess of thirty-six 

(36) hours in any one (1) week, or eight (8) hours in any twentyfour (24) hour :period, except as hereinafter provided. 

2. The provis10ns of this Article shall not apply to employees 

eng~g~d in an executive, managerial, or supervisory capacity and 

rece1 vmg $35 per week or more and who are not in any way engaged 

in productive labor; nor to outside salesman. 

(235) 
236 

3. Office employees, chauffeurs, shipping and stock clerks, and 

outside errand boys shall not be permitted to work in excess of 

forty ( 40) hours in any one week. 

4. The maximum number of hours of overtime which any employee may work in any six (6) months' period shall be twentyfive (25) hours. In no event shall any employee be permitted to 

work more than one (1) hour overtime per day, or more than five 

( 5) hours overtime per week. All overtime shall be paid for at 

a rate of not less than time and one third the normal wage. 

5. No overtime in addition to that herein provided for shall be 

permitted, except upon the recommendation of the Code Authority 

and approval of the Administrator and under such conditions and 

upon such terms as the Administrator may prescribe. 

6. No employer shall knowingly permit any employee to work for 

any time which when totaled with that already performed with 

another employer, or employers, in this industry exceeds the maximum permitted herein. 

7. No home work shall be permitted by members of the industry. 

8. No member of the industry shall operate more than one (1) 

shift of employees in any one day. 

ARTICLE IV-RATES OF PAY 

1. No employee shall be paid at less than the rate of thirteen ( 13) 

dollars per week, except as hereinafter provided. 

2. No apprentice shall be :paid at less than 80% of the n1inimum 

wage per week of 36 hours for the first five weeks of employment, 

and not less than 90 % of the minimum wage per week of 36 hours 

for the next five weeks of employment, and thereafter at not less than 

the regular minimum rate otherwise provided in this Code, provided, 

however, that at no time shall the total number of apprentices employed by any one employer exceed in number 10% of the total number of machine operators of such employer. Each employer shall be 

entitled to at least one apprentice. 

3. Wages of those receiving more than the minimum shall be 

equitably adjusted so as to preserve the differentials existing on July 

l, 1933. All adjustments of wage rates made in accordance with 

this provision shall be reported to the Code Authority within thirty 

(30) days of the effective date of this Code. 

The Code Authority shall have the power to investigate and adjust 

complaints arising out of this provision. The provisions of this 

section shall be subject to review by the Administrator. 

4. No employee shall be paid less than the minimum wages set 

forth in this Article, regardless of whether such employee is compensated on a time-rate or a piece-rate basis. 

5. Female employees performing substantially the same work as 

male employees shall receive the same rate of pay as male employees. 

6. A person whose earning capacity is limited because of age or 

physical or mental handicap may be employed at a wage below the 

minimum established by this Code under the following conditions: 

(a) That they shall be paid proportionately no less than the other 

employees in the same factory receive for similar work, but in no 
237 

case shall their compensation amount to less than seventy percent 

(70%) of the amount required by the minimum wage provisions of 

this Code. 

(b) That the employer shall at once prepare and transmit to the 

Code Authority a list of such excepted persons stating name, class of 

occupation, wage rate, length of service, and reason for exception. 

This list shall be revised up to date once each month and transmitted to the Code Authority. 

( c) The proportion of excepted persons to total employees at any 

time shall not exceed the proportion of such employees on the pay 

roll during the week of July 15, 1933. 

( d) The Code Authority shall have the rig-ht to investigate and 

disallow any such claims for exception subJect to review by the 

Administrator upon appeal by an employer or employee. 

( e) The Code Authority shall report to the Administrator within 

three ( 3) months and from time to time thereafter as to the effect 

of the operation of this provision, both generally and in cases of 

individual hardship. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under 16 years of age shall be employed in the industry, nor anyone under 18 years of age at operations or occupations 

hazardous in nature or detrimental to health. The Code Authority 

shall submit to the Administrator before :March 1, 1934, a list of such 

occupations. In any State an employer shall be deemed to have complied with this provision if he shall have on file a certificate or 

permit duly issued by the authority in such State empowered to 

issue employment or age certificates or permits, showing that the 

employee is of the required age. · 2. 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. 

3. 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 

4. Employers shall comply with the maximum hours of labor, 

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

5. Within each State this code shall not supersede any laws of 

such State imposing more stringent requirements on employers regulating the age of employees, wages, hours of work, or health, fire, 

or general working conditions than under this Code. 

6. Employers hall not reclassify employees or duties of occupations performed by employees or engage in any subterfuge so as 

to defeat the purposes of the Act or of this Code. 

7. Each employer shall po t complete copies of Articles I, II III, 

IV, and V of this Code in conspicuous places accessible to employees. 
238 

ARTICLE VI-ADMINISTRATION 

A Code Authority is hereby constituted to cooperate with the 

Administrator in the administration 0£ this Code. 

1. Organization and constitution 0£ Code Authority. 

(a) The Code Authority shall consist 0£ three or more members 

who shall be selected by the Board 0£ Directors o:f the National 

Association 0£ Shoulder Pad Manufacturers and 0£ such additional 

n1embers, without vote and without expense to the Industry, not 

to exceed three (3), as the Administrator may appoint to represent 

such groups or interests or such governmental agencies as he may 

designate. 

(b) Each trade or industrial association directly or indirectly 

participating in the selection or activities of the Code Authority 

shall: (1) Impose no inequitable restrictions on membership, and 

(2) Submit to the Administrator true copies o:f its articles o:f association, bylaws, regulations, and any amendments when made thereto, 

together with such other information as to membership, organization, and activities as the Administrator may deem necessary to 

effectuate the purposes 0£ the Act. 

( c) In order that the Code Authority shall at all times be truly 

representative o:f the industry and in other respects comply with the 

provisions 0£ the Act, the Administrator may provide such hearings 

as he may deem proper; and thereafter i:f he shall find that the Code 

Authority is not truly representative or does not in other respects 

comply with the provisions 0£ the Act, may require an appropriate 

modification in the method o:f selection 0£ the Code Authority. 

( d) The Administrator shall entertain complaints and provide 

such hearings as he may deem proper £or those claiming the right to 

be represented on the Code Authority and shall have the right to 

change from time to time the method 0£ selection and to change the 

organizations selecting the members 0£ the Code Authority, in order 

that it shall be truly representative o:f the Industry. 

( e) I:f the Administrator shall determine that any action o:f 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 0£ not to exceed thirty days to afford an 

opportunity for investigation of the merits 0£ such action and :further consideration by such code authority or agency pending final 

action, which shall be taken only upon approval by the Administrator. 

2. The Code Authority shall have the following duties and powers 

to the extent permitted by the Act: 

(a) To elect officers and to assign to them such duties as it may 

consider advisable, and to provide rules :for its procedure, and its 

continuance as the administrative agency of this Code, in accordance 

with the terms of the Act and the principles herein set forth. 

(b) To receive, investigate, and adjust complaints of violations 

of this Code and based upon such investigation and after such hearing as it may deem proper, to make recommendations thereon to the 

proper authorities for the prosecution of such violations. 

( c) To obtain from time to time :from employers in the industry 

reports in respect to wages, hours o:f labor, conditions of employment, 
239 

number of employees, and other matters pertinent to the purposes o-f 

this Code, as the Code Authority may prescribe, and to submit periodical reports to the Administrator in such form and at such times 

as he may require, in order that the President may be kept informed 

with respect to the observance thereof. 

No individual reports 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 Administrator. 

( d) In addition to the information required to be submitted to the 

Code Authority, all members of the industry shall furnish such adequate information as the Administrator may deem necessary for the 

purposes recited in Section 3 (a) of the Act to such federal and state 

agencies as the Administrator may designate. Nothing in this Code 

shall relieve anyone of any existing obligation to furnish reports 

to government agencies. 

( e) To delegate to such trade associations and other agencies as it 

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

herein, and to pay such agencies the cost thereof, provided that such 

agencies shall at all times be subject to and comply with the provisions of this Code, and that nothing herein shall relieve the Code 

Authority of its responsibility for the administration of this Code. 

( f) To coordinate the administration of this Code with such other 

codes, if any, as may be related to the Shoulder Pad Industry, or any 

subdivision thereof, with a view to promoting joint and harmonious 

action upon matters of c01nmon interest. 

(g) To make surveys, to compile reports, to collect statistics and 

trade information, to investigate unfair trade practices, to make recom1nendations for the adoption of fair trade practices and otherwise 

assist the Administrator in effecting the purposes of this Code and 

the Act. 

(h) To provide ways and means for financing the operation of 

said Code Authority and to determine an equitable method of apportioning in the Industry the Cost of administering this Code. Money 

raised in any manner shall not exceed in amount such reasonable 

cost. 

(i) To cooperate with the Administrator in regulating the use of 

the N.R.A. insignia solely by those employers who are complying 

with and have assented to this Code. 

(j) The Code Authority shall have the power to investigate and 

adopt a uniform system of cost accounting for products manufactured 

by the Industry which when so adopted shall become the standard 

for the Industry; except that cost accounting systems now used by 

n1embers of the Industry, which are substantially the same as the 

system recommended or which reflect the same basis of established 

cost, may be retained. The provisions of this section shall be subject 

to the approval of the Administrator. 

3. Members of the Industry shall be entitled to participate in and 

share the benefits of the activities of the Code Authority and participate in the selection of the members thereof by assenting to and 

complying with the requirements of this Code and sustaining their 

reasonable share of the expenses of its administration. The r easonable share of the expenses of its administration shall be determined 

by the Code Authority subject to the approval of the Administrator 
240 

on the basis of the volume of business and/or such other factors 

as may be deemed equitable to be taken into consideration. 

4. The Code Authority shall study provisions relating to trade 

practices, investigate the observance thereof, and make such recommendations thereon to the Administrator as it shall deem advisable. 

Upon the approval of the Administrator, after such hearing as he 

may prescribe such recommendations, or any part of them as may 

be so approved, shall become a part of this Code and shall have full 

force and effect as provisions hereof. 

ARTICLE VII-TRADE PRACTICES 

The following practices constitute unfair methods of competition 

for members of the industry and are prohibited. 

1. False Marking or Br(JJJ'l,d,ing.-The false marking or branding 

of any product of the industry which has the tendency to mislead or 

deceive customers or prospective customers, whether as to its grade, 

quality, quantity, substance, character, nature, origin, size, finish, its 

preparation, or otherwise. 

2. Misrepresentation or False or Misleading Advertising.-The 

making of or causing or knowingly permitting to be made or pubIi heel any false, materially inaccurate, or deceptive statement by 

way of advertisement or otherwise, whether concerning the grade, 

quality, quantity, substance, character, nature, origin, size, finish, or 

preparation of any product of the industry or the credit terms, 

values, policies, or services of any member of the industry, or otherwise, having the tendency or capacity to mislead or deceive customers or prospective customers. 

3. Commercial Bribery.-No member of the Industry shall give, 

permit to be given, or offer to give anything of value for the purpose 

of influencing or rewarding the action of any employee, agent, or 

representative of another in relation to the busi~ess of the employer 

of such employee, the principal of such agent, or the represented 

party, without the knowledge of such employer, principal, or party. 

Commercial bribery provisions shall not be construed to prohibit a 

general distribution of articles commonly used for advertising, except so far as such articles are actually used for commercial bribery 

as hereinabove defined. 

4. Interference with Oontractwal Relation.s.-Maliciously inducing 

or attempting to induce the breach of an existing oral or written 

contract between a competitor and his customer or source of supply, 

or interfering with or obstructing the performance of any such contractual duties or services. 

5. Secret R ebaies.-The Secret payment or allowance of rebates, 

refunds, commissions, credits, or unearned discounts, whether in the 

form of money, or otherwise, or the secret extension to certain purchasers of special services or privileges not extended to all purchasers 

on like terms and conditions. 

6. Giving of Prizes, Pre1niums, or Gifts.-The offering or giving 

of prizes, premiums, or gifts in connection with the sale of products, 

or as inducement thereto, by any :::.cheme which involves lottery, 

misrepresentation, or fraud. 
241 

7. Def amation.-The defamation of competitors by falsely imputing to them di_shonora1:>le conduct, inability to perform co~tracts, 

questionable crecht standing, or by other false representations or 

by the false di8para.gement of the grade or quality of their goods. 

8. Threats of Litigation.-The publishing or circularizing of 

threats or suits for infringement of patents or trade marks or of 

any other legal proceedings not in good faith, with the tendency or 

effect of harassing competitors or intimidating their customers. 

9. Espionage of Oornpetitors.-Securing confidential information 

concerning the business of a competitor by a. false or misleading 

statement or representation, by a false impersonation of one in 

authority, by bribery, or by any other unfair method. 

10. Selling Below Oost.-No member of the industry shall sell 

. any article at a price below his individual cost except as hereil).after 

provided. Any member of the industry may meet the price of any 

other member of the industry whose cost under this provision 

is lower and may sell dropped lines or distress merchandise below 

such cost if approval of such sale is first obtained from the Code 

Authority. For this purpose, costs shall be determined by the 

Uniform Cost Accounting System. provided for in the foregoing 

Article VI, Section 2, Subsection (j). 

11. No member of the industry shall ship goods on consignment or 

memorandum except under circumstances to be defined by the Code 

Authority where peculiar circumstances of the industry require the 

practice. 

ARTICLE VIII-MoDIFICATION 

1. This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with.the provisions of subsection (b) of Section 10 of the National Industrial 

Recovery Act, from time to time to cancel or modify any order, 

approval, license, rule, or regulation issued under Title I of said Act 

and specifically, but without limitation, to the right of the President 

to cancel or modify his approval of this Code or any conditions 

imposed by him upon his approval thereof. 

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

modified on the basis of experience or changes in circumstances, such 

modification to be based upon application to the Administrator and 

such notice and hearing as he shall specify, and to become effective 

on approval of the President. 

ARTICLE IX-MONOPOLIES 

No provi ion of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE X-EFFECTIVE DATE 

This Code shall become effective on the tenth day after its approval by the President. 

Approved Code No. 262. 

Registry No. 299--25B. 

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