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3 1262 08483 0081 Registry No. 250-1-02 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

MANUFACTURERS OF MEN'S AND 

BOYS' PAJAMAS AND NIGHTSHIRTS 

INDUSTRY 

AS SUBMITTED ON AUGUST 31, 1933 

L 

WI DO OUR PART 

-... - , . , - - - ... 

y 

The Code for the Manufacturers of 

Men's and Boys' Pajamas and Nightshirts Industry 

in its present form merely reflects the proposal of the above-mention ed 

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 STA TES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

I 

For sale by the Superintendent of Documents, Washington, D.C. - - - - • - - - Price 5 cen ts 
SUBMITTED BY 

THE NATIONAL PAJAMA MANUFACTURERS COUNCIL, INC. 

(II) 
PROPOSED CODE SUBMITTED BY NATIONAL PAJAMA 

MANUFACTURERS COUNCIL, INC., CONSISTING OF MANUFACTURERS OF MEN'S AND BOYS' PAJAMAS AND 

NIGHTSHIRTS 

CODE OF FAIR COMPETITION 

1. Purpose.-To effectuate the policy of title I of the National Industrial Recovery Act, during the period of the emergency, by reducing and relieving unemployment, improving the standards of 

labor, eliminating competitive practices destructive of the interests 

of the public, employees, and employers, relieving the disastrous 

effects of over-capacity, and otherwise rehabilitating the Men's 

Nightshirt, Pajama, and Sleeping Wear Industry, and by increasing 

the consumption of industrial and agricultural products by increasing 

purchasing power, and in other respects, the following provisions are 

established as a code of fair competition of said industry: 

2. Definitions.-The term" National Pajama Manufacturers Council", as used herein, is defined to mean the association of the manufacturers of men's and boys' pajamas, nightshirts, and sleeping garments, whether constructed of cotton, silk, or rayon fabrics, located 

in the United -States, and if legal, all the insular possessions of the 

United States. 

The term " Employees ", as used herein, shall include all persons 

e1nployed in the conduct of the manufacture of men's and boys' 

pajamas, nightshirts, and other sleeping garments. 

The term "Employer", as used herein, shall include every person, 

whether individual, partnership, association, or corporation engaged 

in the production of men's and boys' nightshirts, pajamas, or other 

sleeping garments. 

The term "Effective Date" as used herein is designated to be, or 

jf the code shall not have been approved by the President prior thereto, then on the econd Monday after such approval. 

The term "Productive Machinery" as used herein i · defined to 

n1ean all types of sewing machines. 

The term "Persons " shall include indivi lual , partnerships, associations, or corporations. The term "Cutting Department" as used herein is defined to 

mean all of the Employees engaged in the sorting of, spreadjng and 

cutting of cloth, and the preparation of the work for the ewin~ 

department. 

The term "Sewing Department" as used herein is defined to 

mean all Employees engaged in the sewing of th garments and 

operating the machines above described as "Productive Machinery." 

The term " Learners " as used herein shall be defined to mean 

persons with less than eight weeks of experience in the proces on 

which he or she is employed. 

9967-33 (1) 
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3. lllinimum wage.-On and after the Effective Date, the minimum wage that shall be paid by the Employers in the National 

Pajama Manufacturers Council to any of their employees, shall be 

at the rate of $12 per week for forty hours of labor in the Southern 

ection of the United States, and $13 for forty hours of labor in the 

orthern section of the United States, except--

a. Learners during eight weeks of apprenticeship. 

b. Operators of Sewing Machine , partially incapacitated by age 

or infirmity who otherwise would be thrown out of work and po sibly 

become destitute and a public charge, providing such operators are 

paid not less than other operators doing the same kind of work in 

the same factory in proportion to the amount of work they may 

produce to other laborer of the same class and type; such incapacitated or infirm Employees not to exceed eight percent of the 

total number employed. 

c. Cleaners and outside crew;s. 

4. On and after the Effective Date the Employers of the National 

Pajama Manufacturers Council shall not operate on a schedule of 

hours of labor for their Employees excepting repairers, engineers, 

machinists, shipping, watchmen, office and supervi ory staff, cleaners, 

and outside crew , in excess of 2,080 hours per year, providing, however, that no Employee or Productive Machinery may be operated 

over 44 hours in any one week. The purpose of this provision is to 

allow for the seasonal or peak loads which prevail at certain seasons 

in the industry. 

On and after the Effective Date, Employees in the Cutting Department may not work over 40 hours per week, but the Employers 

may operate two shifts, not exceeding 40 hours per week for each. 

On and after the Effective Date, working hours for office Employees shall be an average of not more than 40 hours per week 

over each period of six months. 

The amount of difference existing prior to Effective Date between 

the wage rates paid various classes of Employees (receiving more 

than the established minimum wage) hall not be decreased-in no 

event shall any Employer pay an Employee a wage rate which will 

yield a less wage for a workweek of forty hours than such Employee 

wa receiving for the same class of work for the longer week prevailing prior to the Effective Date. 

5. Minors.-On and after the Effective Date, Employers in the 

National Pajama Manufacturers Council shall not employ any person under the age of sixteen years. 

6. Standing committee.-With a view to keeping the President 

informed as to the observance or nonobservance of this code of fair 

competition, and as to whether the National Pajama Manufacturers 

touncil is taking appropriate steps to effectuate the declared policy 

of the National Industrial Recovery Act, a committee of the National Pajama Manufacturers Council hall be formed to coordinate 

with the administrator of the National Industrial Recovery Act, to 

make such further recommendations and changes as may be necessary and expedient from time to time; with particular reference to: 

a. Wages and hours of labor, and/or, Productive Machinery. 

b. To comply and to coordinate with the admini trator in order 

to secure report from persons engaged in the men's and boys' pajama, nightshirt, and sleeping-wear indu, try, the securing, filing, 
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and tabulating of stati tical information; the keeping of uniform 

accounts as may be required to ecure uniform costs; and to ecure 

the proper observance of the code and to promote the proper balancing of production and con umption and stabilization of the indu try 

and employment. 

c. To make recomn1endations in, or exemptions from, the provi ion 

of this code as to the working hours or Productive Machinery which 

will tend to preserve the balance of production activity with consumption requirements, so that the interests of the industry may be 

properly served. 

d. To compile recommendations :-

1. For the requirement of the administrator of regi tration by 

persons engaged in the men's and boys' pajama, nightshirt, and ~leeping-wear industry, on their productive machinery. 

2. For the requirement by the administrator that prior to the installation of additional "Productive Machinery" by persons now 

engaged or intending to engage in the men's and boys' pajama, nightshirt, and sleeping-wear industry; except for the replacements of a 

si1'nilar number of machines, or to bring the operation of existing 

Productive Machinery into balance; such persons shall secure certificate that such installation will be consistent, with effectuating the 

policy of the National Industrial Recovery Act during the period 

of the emergency. 

3. For the granting or withholdino- by the administrator of such 

certificates if so required by him. 

4. To recommend the regulation of the disposal of distress merchandi e in a way to secure protection of the other members of the 

industry and to promote a sound and staple condition in the indu try. 

e. Such committee is also to cooperate with the administrator in 

making investigations as to the functioning and observance of any 

,f the provi ions of this code at its own instance or a complaint 

Jy any person affected and to report same to the administrator. 

f. Such committee shall also have the authority to investiaate and 

inform the administrator, on behalf of the National Pajama Manufacturers Council, as to the importation of competitive merchandise 

into the United States in sub tantial quantities or increasing ratio 

to domestic production, on such terms and under uch conditions 

as to render ineffective or seriously endanger the maintenance of 

this code and as an agency for making complaint to the Pre ident 

on behalf of the National Pajama Manufacturers Council under the 

provisions of the National Industrial Recovery Act. 

g. The secretary of the council ( or other disintereste l per on de -

ignated for the purpose by the Board of Directors) ma3 of hi own 

motion or upon complaint of any person claiming to be ago-rieved, 

investigate any alleged infraction of any provi ion of thi code 

and the partie concerned shall render him such as i tance as he 

may require. If the ecretary ( or other person de ignated as 

above) shall find that a grievance exists which i detrimental to 

the industry, it shall be his duty to make a written report of all the 

facts and furnish certified copies thereof together with hi conclu- .._ion , to uch committee for appropriate action. If within rea onable time after receiving complaint of infraction the secretary hall 

not have taken appropriate action, any member or other ao-o-rieved 
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person may, in writing, complain thereof to the proper governmental 

official and to the committee; and if, after due hearing, the committee shall determine that the secretary has been remiss in his 

duties herein, he shall thereupon be removed from his office. 

7. Adju,stnient of prices on prior cont1·acts.-Where the cost of 

executing contracts entered into by members of the National Pajama 

Manufacturers- Council prior to the presentation to Congress of the 

National Industrial Recovery Act are increased by the application 

of the provisions of that Act, it is equitable and promotive of the 

purposes of the Act that appropriate adjustments of such contracts 

be made to reflect such increased costs to be arrived at by arbitral 

proceedings or otherwise, and the National Pajama Manufacturers 

Council, the applicant for this code, is constituted an agency to 

assist in affecting such adjustments. 

8. Right of collective bargaining.-Employers in the National 

Pajama Manufacturers Council shall comply with the requirements 

of the National Industrial Recovery Act, as follows : 

a. That Employees shall have the right to organize and barga1n 

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 o:f such representatives or 

in self-organization or in other concerted activities :for the purpose 

of collective bargaining or other mutual aid or protection; 

b. That 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 

c. That Employers shall comply with the maximum hours o:f 

labor, minimum rates of pay, and other conditions of employment, 

approved or prescribed by the President. 

9. Unfair practices.-It shall be considered as unfair practices and 

no member of the association shall be allowed to : 

a. Sell goods at less than the cost of production, plus a reasonable 

profit, i.e. cost of materials, plus the cost of labor, plus full proportion of actual operating and selling overhead. 

b. Nothing in the :foregoing section shall be construed to prevent 

the sale of bonafide seconds, broken lots, discontinued patterns or 

number, under appropriate rules to be prescribed by a committee 

selected for that purpose. 

c. Guarantee customers against price leclines. All confirmation. 

covering sales shall be final. 

d. Affix fictitious or unreasonable resale prices. 

e. Sell on consignment or deliver goods upon an understanding 

in any form that customer may return all or any part of the goods if 

unsold by him. 

f. Accept the return of goods for any reason other than manifest 

clerical or delivery error, or fault of merchandise. 

g. Misrepresent material, quality, dimensions, standards of manufacture, in any manner whatsoever, whether by statement or mark or 

by the omission of either. This shall be construed to include the sale 

of pajamas over minimum standards which may be approved and 

promulgated by the Bur~au of Standards of the Department of 

Commerce and not in accordance therewith, except under such regulations as may be prescribed to prevent the misleading of consumers. 
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h. Use of terms "fast color", "un hrinkable ", "imported", or 

~,custom-made" in any -form. calculated to mi lead either the retailer 

or the public. 

i. Piracy of design or model. 

j. Give any rebate, honus, excess discount, or other unusual allowance unless such rehate, bonus, excess discount, or other unusual 

allowance be allowed alike to all customers of a like class. 

k. Manufacture or cause to be manufactured any garments in any 

penal or corrective institution or asylum, or in outside or home finishing shops, in whole or in part. This is not to be construed to mean 

that contractors mRy not be employed, provided they conform to the 

minimum wage srule and maximum number of hours prescribed in 

this code. 

1. Grant longer or greater terms in any case than 3/ 10 E.O.M. or 

2/ 10/ 60 X; deliveries made after the 25th to be dated as 1st of following month. Closer or lesser terms than the above shall not be 

prohibited. 

m. Make allowances of free goods in exchange for volume of business or in any other manner to circumvent the purpose of this code. 

n. Accept the return of any old stock once delivered to customers 

in exchange for new stock. 

o. Prep'1,y any freight or allow any charges. In other words, all 

merchandise must be priced f.o.b. factory; or if shipped from a 

branch warehouse or shipping depot, the cost of freight from mill to 

shipping point must be added to price. 

10. Supplementary provisions or additional codes.-Such of the 

provisions of this code as are not required to be included therein by 

t.he National Industrial Recovery Act, n1.ay, with the approval of 

the President, be modified or eliminated as changes in circumstances 

or experience may indicate. It is contemplated that, from time to 

time, supplementary provisions to this code or additional codes may 

be submitted for the approval of the President to prevent unfair and 

destructive competitive practices and to effectuate the other purposes 

and policies of Title I of the National Industrial Recovery Act, consistent with the provisions hereof. 

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