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Registry No. 274-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

THROWING INDUSTRY 

I ~ a• 

AS APPROVED ON OCTOBER 11, 1933 

BY 

PRESIDENT ROOSEVELT 

, 

---1 : - - -

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHING TON : 1933 

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

Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill. : Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla. : Chaμiber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore A venue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky.: Room 405, 421 West Market Street. 

Memphis, Tenn.: 266 South Water Street. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y. : 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: Room 812, 20 South Fifteenth Street. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 1406 Vance Building. 

(II) 
EXECUTIVE ORDER 

CODE OF FAIR COMPETITION FOR THE THROWING 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 16th, 1933, £or my approval of a Code 

of Fair Competition £or the Throwing Industry, and hearings having been held thereon and the Administrator having rendered his 

report containing an analysis of the said Code of Fair Competition, 

together with his recommendations and findings with respect thereto, 

and the Administrator having found that the said Code of Fair 

Competition complies in all respects with the pertinent provisions 

of Title I of said Act, and that the requirements of clauses (1) and 

(2) of Section 3 of the said Act have been met: 

NOW, THEREFORE, I, FRANKLIN D. RoosEVELT, President of 

the United States, pursuant to the authority vested in me by Title I 

o:f the National Industrial Recovery Act, approved June 16th, 1933, 

and otherwise, do adopt and approve the report, recommendations, 

and findings of the Administrator and do order that the said Code 

of Fair Competition be, and it is hereby, approved. 

THE WHITE HousE, 

October 11, 1933. 

Approval recommended: 

HUGH s. JOHNSON' 

FRANKLIN D. ROOSEVELT. 

• Administrator. 

<m> 

1M9o•-.-188-228-83 • 
To the PRESIDENT: 

OCTOBER 11, 1933. 

INTRODUCTION 

Submitted herewith is the report of the Hearing on the Code of 

Fair Competition for the Throwing Industry in the United States, 

as subm.itted by the Throwsters Research Institute, Incorporated, of 

New York City, conducted in the Chinese Room of the Mayflower 

I-Iotel, in Washington, D.C., on August 29, 1933, in accordance with 

the provisions of the National Industrial Recovery Act. 

The following papers are included and annexed: 

1. Code as finally proposed. 

2. Notice of Hearing. 

3. By-Laws of the Throwsters Research Institute. 

4. State of procedure. 

5. List of witnesses. 

6. Transcript of the records. 

7. Statistical analysis. 

8. Report of Deputy. 

In accordance with the customary procedure every person who had 

filed a reque t for an appearance was freely heard in public, and all 

statutory and regulatory requirements were complied with. 

The Code which is attached was presented by duly qualified and 

authorized representatives of the Industry, complying with the 

statutory requirements, as representing 90% of total spindles in the 

Industry. 

POSITION OF THE INDUSTRY 

The industry consists of winding silk from the skein into thread 

suitable for weaving, the hard twisting of silk and rayon into crepe 

yarn and the doubling of these yarns associated with twisting. 

The industry employs approximately fifty thousand '50,000) 

persons and the annual charges for services rendered approximate 

forty-seven million dollars ($47,000,000). Over sixty percent do 

commission throwing. Of the weavers who do no commission 

throwing eight hundred and forty-six thousand (846,000) have 

accepted the code, and one hundred and seventy-eight thousand 

(178,000) have not. For this 17.3% of the weavers who do no commission throwing the code has been completely rewritten. This has 

been done in an extreme effort to avoid regulating throwing as part 

of the larger process of cloth manufacture and to avoid having rayon 

mills operate under conflicting provisions. 

In accepting this code the industry is actually placing itself at 

a competitive disadvantage with the rayon weavers, whom it has 

agreed to exempt. Until some coordination shall have been established with respect to Textile Codes, this code will at least provide 

(IV) 

• 
V 

an even wage rate for the Throwing Industry and will avoid interfering w!th rayon mills' operation. It must be regarded as a 

compromise. 

RESUME OF PROVISIONS OF THE CODE 

The Code provides for a minimum wage of 30¢ per hour in the 

southern section and 321⁄2¢ per hour in the northern section and 

provides a maximum working week of forty hours for productive 

employees. Provision is made for limiting night work to a skeleton 

shift of not over 35% of the largest day shift, to be males over 

eighteen years of age and to receive a minimum of 40¢ per hour in 

the southern section and 43.3¢ per hour in the northern section. 

Mills throwir).g rayon for their own use exclusively are exempted 

from this provisionh as well as from any recommendations which 

might be made in t e future as to further limitations on machine 

hours. 

Under minimum wages-learners are excepted. 

The running of machinery between 7 : 00 A.M. Saturday and 6 : 00 

A.M. Monday is prohibited except for mills throwing rayon exclusively for their own use. 

Hours are limited to forty hours except with respect to certain 

maintenance categories for which forty-four hour employment is 

permitted. 

Child labor is prohibited. 

A representative committee is set up to cooperate with the Administrator. 

FINDINGS 

The Administrator finds that : 

(a) This code complies in all respects with the pertinent provi• 

sions of Title I of the Act, including without limitation subsection 

(a) of Section 7 and subsection (b) of Section 10 thereof. 

(b) The Throwsters Research Institute to be truly representative 

of the Throwing Industry. The By-Laws of this Institute provide 

no inequitable restrictions to membership. 

( c) The code is not designed to promote monopolies or to eli1ni. 

nate or oppress small enterprises and will not operate to discriminate 

against them and will tend to effectuate the policy of Title I of the 

National Industrial Recovery Act. 

( d) Objections to the code have largely been met by altering 

important provisions of the code so as to exempt from the application of important provisions those mills for whom the throwing 

of their own rayon yarn is part of a larger process of manufacture. 

( e) Other provisions of the code are calculated to bring greater 

orderliness into what has been a chaotic market. 

I recommend that the code be approved. 

Respectfully submitted. 

HUGHS. JOHNSON, 

Adniinistrator • 

• 
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CODE OF FAIR COMPETITION FOR THE THROWING 

INDUSTRY 

PREAMBLE 

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Code of 

Fait Competition for the Throwing Industry during the period of 

emergency as defined by the Federal Government. 

SECTION 1-DEFINITIONS 

SECTION I. The term "throwing industry" as used herein shall be 

understood to embrace all plants of throwing machinery within the 

United States whether owned and/or operated by commission throwsters or by those throwing material for sale or for their own use and 

made of silk, rayon, or acetate yarns. 

The term " throwing machinery " shall be understood to embrace 

any machinery when used for the twisting of silk yarns and for the 

twisting of single or multiple rayon or acetate yarns except only 

original producers rayon or acetate yarns with seven turns or less per 

inch and except sewing threads and except ply novelty twisted yarns 

of the type of boucle, ratine and frille usually made on double feed 

roll twisters. The term " throwing machinery " shall be further 

under tood to include winding, doubling, reeling, coning, copping, 

and tubing machinery and other machinery commonly used but only 

when used in preparing said yarns for the twisting processes or in 

packaging said threads after the completion of said twisting 

processes. · 

The term "employee " shall mean all persons employed in the conduct_ of any branch of the throwing industry. 

The term "productive employee " as used herein shall include all 

employees in the throwing industry except repairshop and cleaning 

crews, engineers, electricians, firemen, supervising staff, office employees, shipping, watching, soaking, laboratory, and outside crews. 

The term " employer " shall be understood to embrace any person, 

partnership, association, corporation or trust, including trustees in 

bankruptcy and receivers, engaged in the throwing industry. 

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

Monday after this Code is approved by the President. 

SECTION 2-CoNDITIONS OF EMPLOYMENT 

SEc. II. (a) All employers shall comply with the requirements of 

Section 7 (a) of Title I of the National Recovery Act, as follows: 

1. 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 

(1) 
2 

1 Iabor, or their agents, in the designation of such representatives or 

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

collective bargaining or other mutual aid or protection. 

2. 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. 

3. Employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved 

or prescribed by the President. 

(b) On and after the effective date hereof no person under the 

age of ixteen shall be employed in the Throwing Industry, provided, 

however, that where a state law provides a higher minimum age, no 

person below the age specified by such state law shall be employed 

within that State. 

( c) On and after the effective date, all employees of the Throwing Industry, excepting bobbin and skein carriers, bobbin cleaners, 

and '\learners" as hereinafter defined shall receive a minimum wage 

at the rate of 30¢ per hour when employed in the southern section of 

the industry and at the rate of 321⁄2¢ per hour when employed in 

the northern section and under no conditions, by means of fines, 

rebates or other methods, and regardless of whether the employees' 

compensation is based on a time rate or piece work performance, 

shall the actual pay received by employees be brought below the 

minimum here named. The southern section of the industry shall be 

understood to include only the following states: Texas, Oklahoma, 

Arkansas, Louisiana, Mississippi, Alabama, Florida, Georgia, South 

Carolina, Tennessee, North Carolina, Kentucky, Virginia, West Virginia, :Maryland. At no time shall the total number of bobbin and 

okein carriers and bobbin cleaners be in excess of 10% of the total 

number of employees of the shift and the rate of pay of such casual 

and incidental labor shall not be less than 80% of the minimum rate. 

No employee shall receive for forty hours of labor less compensation 

than he received or would have received as of April 1, 1933 for a 

period not exceeding fifty hours per week. 

On and after the effective date, a learner is hereby defined as one 

who has worked less than twelve weeks in the throwing industry and 

such learners shall be started at a minimum wage at the rate of 

twenty (20¢) cents per hour. At the conclusion of the first six weeks 

the said minimum shall be increased to twenty six (26¢) cents per 

hour and at the expiration of the second six weeks period such employees shall no longer be classified as learners and shall receive not 

less than the minimum wage rate then in force. Also, in order that 

the status of every learner may at all times be clearly defined, and so 

that such learner may be properly accredited with his or her time 

of service upon seeking employment in another mill, the following 

procedure shall be adhered to: Upon expiration of the first six weeks 

of the learning period, and not before, the learner shall be given by 

the ~mploye~· a card bearing his or her name, signed by the employer1 

stating the time served as a learner, and the class of work upon which 

such learner has been so engaged; and, upon expiration of the full 

twelve weeks learning period, and not before, the said card shall be 

exchanged for a second and similar Oful'd acknowledging that the 
3 

employee has served twelve weeks and is no longer a learner on the 

class of work upon which he or she has been engaged. All cards so 

defining the status of the employees referred to shall be in identical 

form, said form to be prescribed by the code administration committee. 

The foregoing provisions as to hourly wage rates shall be subj ect 

to the proviso that where a state law provides a higher minimum 

wage, no person employed within that state shall be paid a wage 

below that required by such state law. 

( d) On and after the effective date hereof no productive employee shall work or be employed in the throwing industry for more 

than forty hours in any one week. 

1. On and after the effective date hereof, operation of throwing 

machinery in any week shall be permitted only between the hours of 

6 A.M. on Monday and 7 A.M. of the following Saturday; and such 

operation of .machinery shall further be subJect to the following 

limitations: Full working shifts shall be limited to two of not more 

than forty hours each with the exception that a reduced force of 

male operatives over 18 years of age and not to exceed 35 percent 

of the total number working in all throwing processes on the larger 

of the two full shifts may be employed as and when necessary during the time when neither of the full shifts is working. THE 

MINIMUM hourly wage to be received by the productive employees 

on this reduced force as referred to shall 'be at the rate of 40 cents 

per hour when employed in the southern section of the industry and 

at the rate of 43.3 cents per hour when employed in the. northern 

section. The pro.visions of this subdivision ( d) No. 1 with regard 

to the operation of throwing machinery shall not apply to throwing 

machinery in weaving plants operating under the Code of Fair 

Competition for the Cotton Textile Industry, providing that the 

yarn thrown is rayon or othe_r synthetic threads for their own 1y ·e 

only in their own plants; but such excepted machinery shall not 

operate more than 121 hours each week unless the Code of F,air 

Competition for the Throwing industry shall be amended to allow 

machine operation more than 121 hours each week. _ 2. Non productive employees, as excepted in defining "productive 

employee" in Section I hereof, other than supervising staff, shal1l in 

no case receive less than the minimum hourly wage herein prescribed 

for productive employers; and may work not more than forty hours 

in any one week excepting only that this working time for such 

nonproductive employees may be extended to 44 hours when necessary and may be further extended in emergency provided such 

emergency work is duly reported monthly to the Code Administration Committee. Any employee working more than 44 hours in any 

one week shall be paid one and one third times the hourly rate for 

the hours worked over 44. 

SECTION 3-REGULATIONS 

SEc. III. (a) On and after the effective date, each employer in the 

throwing industry shall be obliged to post conspicuously in each 

room in his mill or mills a printed notice, to be furnished by th~ 

Throwsters Research Institute, which shall cite the several regula-
4 

tions of this Code relating to hours, minimum wages, and learners. 

Said notice shall further inform employees as to how and where to 

report violations of the regulations of this Code. Every employer 

in the throwing industry shall be obliged to admit at any time an 

authorized representative of the Throwsters Research Institute to 

check the fact that said notices are so posted and other regulations of 

the Gode strictly observed. The Labor Department in each State 

will be requested by the Throwsters Research Institute to cooperate 

by also checking the fact that the said notices are so posted and are 

kept posted. 

(b) Every employer shall use an accounting system which conforms to the principles of and is. at least as detailed and complete 

as the standard and uniform method of costing to be formulated or 

approved by the Code Administration Committee, with such variations therefrom as may be required by the individual conditions 

affecting any employer or group of employers. . 

( c) With a view to keeping the President informed as to the 

observance or nonobservance of this Code of Fair Competition and 

any supplements thereto and as to whether the throwing industry 

is taking appropriate steps to effectuate the declared policy of the 

National Recovery Act, such employer shall be required to furnish 

duly certified reports, in substance as follows, to the Throwsters 

Research Institute in such form as may hereafter be required by said 

Institute. 

lV ages and Hours of Labor.-Returns every four weeks for Each 

Depa1

rtment, showing: 

( 1) Average number of employees in each shift. 

(2) Minimum hourly wage paid to any employee. 

( 3) Maximum hours worked by any employee. 

( 4) Total pay roll and total pay-roll hours. 

Machinery Data.-Returns every four weeks for Each Depart-

'Tnent, showing: 

(1) Number spindles in place. 

(2) Average spindles operated during period. 

(3) Total hours machinery operated each week in each department. 

Production Data.-Returns every week showing: 

(1) Kind and amount of raw material put in work during the 

week. 

(2) Description of throwing to be done. 

(.3) Price at which throwing was taken. 

SECTION 4-AnMINISTRATION 

SEo. IV. To further effectuate the policies of the Act, a Code 

Administration Committee is set up to cooperate with the Administrator as a Planning and Fair Practice Committee for the industry. 

This Committee shall consist of twelve members in addition to the 

President of the Throwsters Research Institute, Inc., who i:;hall be 

Chairman. The executive Secretary of the Throwsters Research 

Institute, Jnc., shall serve as Secretary of the Code Administration 

Committee. There shall be at least one committee member chosen 

from each of the following groups of employers-commission throw-
5 

ster of weaving yarns, commission throwster of knitting yarns, rayon 

and/or cotton weaver, knitter, yarn dealer and silk weaver. 

The Code Administration Committee shall be chosen by vote by 

the members of the Throwster Research Institute, Inc., and other 

signers of this Code who shall have contributed, or agreed to contribute to the cost of administration, an amount equal to the dues 

they would pay were they members of the Throwsters Research. 

Institute, Inc. Each voter shall have one vote for each 5,000 spindles 

or fraction thereof operated by him and registered with the Throwsters Research Institute, Inc. 

The Administrator shall appoint an impartial representative or 

representatives not to exceed three in number who shall have no 

vote but shall in all other respects be members of the said Code 

Administration Committee. 

The Committee responsible for the formation of the Code, with 

the representative or representatives of the NRA as provided for 

herein, shall function as a Code Administration Committee hereunder 

until the election of the Code Administration Committee is effected 

and said election shall take place within six weeks after the final 

approval of this Code. 

Based on conditions in the industry as they may develop, the Code 

Administration Committee shall present to the Administrator recommendations which will tend to effectuate the operation of the provisions of this Code and the policies of the National Recovery Act, 

and in particular along the following lines : 

No. 1. Recommendations that it shall be within the power of the 

Code Administration Committee to further limit the machine hours 

after a trial period of 90 days if in its judgment, and upon the operating records received, it shall have becom.e apparent that the resulting production is in excess of the needs of those who supply 

material for processing by the throwing industry, and further thereafter to restore or amend such machine hours as may from time to 

time become necessary. This provision for flexibility is essential 

for the Throwing Industry because it has no command over volume, 

being wholly dependent upon the demands and needs of the weaving, 

knitting, and allied trades. This provision shall not apply to throwing machinery provided the yarn thrown thereon is for the employers' 

own use only in their own plants, and operating under the Cotton 

Textile Code. 

No. 2. Recommendations that each employer who may wish to 

purchase or build throwing machinery, and any individuals of corporations desiring to establish plants of throwing machinery, may 

do so only after having procured from the Ad1ninistration permission for such purchase or erection or for such establishment of 

plants; and the Code Administration Committee is hereby empowered 

to act as the agent of the Administration to receive applications for 

such permissions and to recommend the granting or withholding of 

same; and it shall be the duty of the Code Administration Committee 

in such proceeding to furnish the National Recovery Administration 

with a full and duly authenticated statement of the facts upon which 

its recommendation is based. 

No. 3. Recommendation by the Code Administration Committee 

after study of the number of spindles to be operated by an employee 
6 

on different classes of yarn upon the feasibility of establishing standards, to be reported to the National Recovery Administration. 

Such recommendations, when approved by the Administrator, shall 

have the same force and effect as any other provisions of this Code. 

SECTION 5-CANCELLATION OR MODIFICATION BY THE PRESIDENT 

SEc. V. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provision of Clause 10 (b) 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 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. 

SECTION 6--AMENDMENT 

SEc. VI. Such of the provisions o:f this Code as are not required to 

be included therein by the National Industrial Recovery Act, may 

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 the Code 

or Additional codes will 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. 

· SECTION 7-V IOLATION 

SEC. VII. Upon receiving evidence that an employer has violated or 

is violating any provision of this Code or of the National Industrial 

Recovery Act, or is endeavoring directly or indirectly to defeat the 

purposes of the Code and o:f the Act, the Code Administration Committee shall recommend to the Administrator that, provided the evidence is regarded by him as adequate, the offending employer shall in 

addition to any penalties or fine or imprisonment that may be impos~d _under the Act, be deprived of all use of the Blue Eagle 

Ins1gn1a. 

0