Approved Code No. 408 Registry No. 271-1-Q1 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

UNDERGARMENT 

AND NEGLIGEE INDUSTRY 

AS APPROVED ON APRIL 27, 1934 

WE DO OUR PART 

, • . 0 

UNITED STATES 

GOVERNMENT PRIN'fiNG OFFICE 

WASHINGTON: 1934 

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Approved Code No. 408 

CODE OF FAIR COMPETITION 

FOR THE 

UNDERGARMENT AND NEGLIGEE INDUSTRY 

As Approved on April 27, 1934 

ORDER 

ConE OF FAIR CoMPETITION FOR THE UNDERGARMENT AND NEGLIGEE 

INDUSTRY 

An application having· been duly made pursuant to and in full com- pliance with the provisions of Title I of theN ational Industrial Recovery Act, approved June 16, 1933, for approval of a Code of Fair Com- petition for the Undergarment and Negligee Industry, and hearings 

having ooen 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 th~ policy and purposes of said 

Title of said Act; and do hereby order that aid Code of Fair Competition be and it is hereby approyed, subject to the following conditions: 

(1) THAT, if the Administrator shall find upon the completion of 

the study and suTvey now being conducted and/or upon the comple- tion of such public hearings as he may specify, that the Code Author- ity selected in the manner provided by Sections 1 and 2 of Article VI 

of the Code, is not truly representative of the Industry and that it 

does not truly represent aU elements in the Industry, or does not in 

other respects comply with the provisions of the Act, the Administl'atol' may requiTe an appropriate modification in the method of selection 

of the Code Authority: 

(2) THAT, the Administrator shall forthwith appoint a commission of nine consisting of an equal number of representatives of employers and employees, with an impartial ChaiTman, which cornnussion shall undertake a study of con1petitive conditions within the 

Industry with resp~ct to labor costs, in order (1) to make recommendations to the Administrator for the adoption of occupational classifications of wages so as to maintain fair competition between members of 

the Industry, and (2) to investigate the need for the emplo'yment of 

5'557l. 0--482-1·72-34 (491) 
492 

learners in the Industry and, based upon such investigation, _ to make 

recommendations for such modifications of Article IV, Section 6 of 

the Code as are necessary in order to effectuate the policies of the Act. 

The labor members of this commission shall be nominated by the Labor 

Advisory Board, of the National Recovery Administration, and the 

Industry members of this commission shall be selected by the Administrator; the impartial Chairman of this commission shall be nominated 

by the Research and Planning Division of the National Recovery 

Aclminis tra tion. 

The recommendations of this commission shall be made within 

thirty (30) days after the effective date of the Code and upon approval 

by the Administrator, either in their original or modified form, after 

such hearing and notice as he may specify, such recommendations 

either in their original or modified form shall become a part of this 

Code. 

(3) THAT, pending the approval of such new Code provisions as 

may be adopted as a result of the recommendations of the commission hereinabove referred to, no employer in the Industry shall reduce 

the weekly wage rates of employees who are paid on a week-work 

basis even though such en1ployees may be receiving more than the 

minima provided in the Code; nor shall any such employer pay to any 

employee, who is paid on a piece work basis, rates which do not enable 

such employee to earn at least as much per full working week as such 

employee earned for the average working week during the month 

immediately preceding the effective date of this Code. 

(4) THAT, there shall be forthwith established an Industrial Relations Board which shall consist of an equal number of representatives 

of employers and employees, and an impartial Chairman. Such 

Chairman shall be appointed by the Administrator in case said Board 

within ten days after its election fails to select one by agreement. The 

Labor representatives on said Industrial Board shall be appointed by 

the Administrator upon the nomination of the Labor Advisory Board 

of the National Recovery Administration. The representatives of 

the employers shall be selected by the Administrator. Such Board 

shall deal with complaints and disputes relating to labor in accordance 

with such rules and regulations as have been, or may hereafter be 

issued by the Administrator. 

(5) THAT, on and after August 15, 1934, no watchman shall be 

permitted to work in excess of forty-eight (48) hours in any one week; 

nor shall any "non-manufacturing employee" be permitted to work 

in excess of forty (40) hours in any one week, nor in excess of nine (9) 

hours in any twenty-four (24) hour period; unless prior to said date 

a public hearing is held by the Administrator at which good cause 

is shown why the above provisions should not become effective and 

I issue some order pertaining thereto. 

Approval recommended: 

SoL A. RosENBLATT, 

HuGH S. JoHNSON, 

Administrator for Ind']Lstrial Recovery. 

Division .Administrator. 

WASHINGTON, D.C. 

April 27, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: This is a report of the Hearing on the Code of Fair Competition for the Undergarment and Negligee Industry conducted in 

Washington on September 5, 1933 and of subsequent conferences held 

for the purpose of obtaining a Code of Fair Competition for the 

Undergarment and Negligee Industry, under Title I of the National 

Industrial Recovery Act. 

DEFINITION OF THE INDUSTRY AND STATEMENT OF THE DEVELOPMENT 

OF THE CODE 

The Industry as defined in the Code includes the manufacture and 

sale by the manufacturer, contracter, or jobber of ladies' underwear 

and under-garments, negligees and lounging pajamas from woven 

fabrics, except that it does not include the manufacture of women's 

and children's sleeping garments or under-garments when such 

garments, exclusive of trimmings, are made of one hundred (100%) 

per cent cotton fabric, nor does it include the manufacture of the 

so-called athletic type of ladies' undergarments. 

The Code as originally submitted did not exclude the manufacture 

of underwear made from cotton fabrics. However, as work on the 

Code progressed, it became the judgment of the preponderance of 

the manufacturers of the underwear who were making garments out 

of cotton fabrics, that their interests were more in common with the 

manufacturers included under the Cotton Garment Code than with 

the manufacturers of ladies' underwear made from rayon and silk. 

These manufactuTers, who formed an organization known as the 

Association of Cotton Undergarment and Sleeping Garment Manufacturers, made application for such amendment to the Cotton Garment 

Code as was necessary to give this Code jurisdiction over the manufacture of cotton sleeping wear and undergarments. This amendment to the Cotton Garment Code was granted and became effective 

on March 22, 1934. 

Although the close relationship between the manufacture of negligees and lounging pajamas and the manufacture of ladies' underwear 

made from rayon and silk as would seem to be indicated by the title 

of this Code, may not be generally recognized in the trades, the relationship was deemed to be sufficiently close to make possible the grouping of the two Industries together under one Code of Fair Competition. The intimate relationship between the Undergarment League, 

Inc., and its affiliate, the Negligee Manufacturers Association, Inc., 

together with the adv~ntages to be obtained by a common administration of both industries, can be given as the n1ajor reasons for the 

combining of the two Industries under the one Code. 

(493) 
494 

The difficulties which have been encountered in completing work 

on this Code are now well known in the apparel trades. To announce 

the approval of this Code is not only to announce that 'the task of 

writing codes for all branches of the apparel trades is, with one excep- tion, completed; it is also to announce that one of the most disturbing 

influences which has existed in the apparel trades in the last four 

months has now been removed. There are several industries very 

closely related to this Industry, some of which have been operating 

under a Code of Fair Competition for as long as five months. The 

absence of a Code for the Undergarment and Negligee Industry h as 

worked real hardship on these industries as well as on those members 

of the Undergarment Industry who have been actively operating for 

many months to obtain an Undergarment Code. 

The Code as originally submitted by the Undergarment League, 

Inc., in August, 1933, was a simple one- providing in general for a 

forty hour week and a $13.00 basic minimum. The sponsorship of 

this Code was fairly complete and the Code would have been quickly 

approved had it not been for the outbreak of a strike in the New 

York area which was terminated by the writing of collective agree- ments with labor. These collective agreements raised the scale of 

wages in the New York area in some cases as much as forty percent 

or more and brought about a substantial reduction in working hours. 

The consequent widening of these differentials in labor conditions 

existing between the New York manufacturers and the out of town 

members of the Industry, gave rise to the desire on the part of the 

members of the Industry located in New York City, to write into the 

Code such occupational classifications as were necessary in order to 

restore, to some degree, the differentials existing prior to the strike. Negotiations looking toward an agreement between the New York 

and out of town members of the Industry took place over a period 

of more than four mon"ths. The Code as approved is based upon the 

agreement finally reached as a result of these negotiations. Although 

the Code does not contain occupational classifications comparable to 

those included in many other apparel trades codes, the limited amount 

of these classifications contained in the Code will tend to bring about 

to some degree the restoration of the relative labor conditions existing 

between the metropolitan and out of town manufacturers prior to 

the strike. 

It can be stated that all interests represented by the members of 

the Industry have been unusually well repre.sented in the work on 

this Code. At the final conference on this Code there were present 

over thirty five members of the Industry who~e plants are located 

in as widely scattered cities as New York, Boston and Chieago. The 

final draft of the Code has been submitted to some Los Angeles members of the Industry and has been commented upon favorably 

by their representative. 

It is estimated that the number of employees in the Industry in 

1929 was approximately 27,000 and that the number of sueh employees 

in the first half of 1933 was approximately 20,000. No later figures 

of employment are available. However, a survey of the entire 

industry now being eonductecl by the Administration, will doubtless 

reveal with greatt1r accura<?.y than any survey undertaken heretoiore, 

not only the n~n1ber of employees in the Industry and the number 

of ... n1a.chines in use in the Industry, but also the annual volume of 
495 

business and. the geographical distribution of the Industry. There 

has been a striking and prolonged disa~reeme:at between the representatives of the sponsoring trade orgamzations on this last question. 

This survey will, therefore, show to what deg-ree, if any, the Code 

Authority, selected in the manner provided m the Code is not in 

fact truly representative of the Industry. In this connection, attention is called to the third paragraph of the Administrator's Order 

of approval. 

RESUME OF THE CODE 

Article I sets forth the purposes of the Code. 

Article II sets forth the definition of the term "Industry", and 

defines certain other terms which occur in the context of the Code. 

Article III provides for the maximum working hours of employees 

in the Industry. A thirty-seven and one-half (37 7~ ), hour maximum 

work-week is provided for manufacturing employees, and a forty (40) 

hour work week is provided for all other employees. Employees 

engaged in an executive, supervisory, or managerial capacity, and 

receiving more than thirty-five ($35.00) dollars per week, and outside 

salesmen, are exempted from the maximum hours provisions. 

Provision is also made to limit the employment in the Industry to 

one shift of employees. The Administrator may, however, upon 

showing of good cause grant certain exception to this provision as he 

may deem necessary to effectuate the purposes of the Act. 

Article IV contains the minimum wage provisions. A thirteen 

($13 .00) dollar per week basic minimum is provided for all employees 

in the Industry. The basic minimum for operators employed in the 

"Metropolitan Area" is set at sixteen and one-half ($16.50) dollar.s 

per week of thirty-seven and one-half (37 7~ ) hours, while the basic 

minimum for operators employed outside the Metropolitan Area is 

set at fourteen ($14.00) dollars per week of thirty-seven and one-half 

(377 ) hours. 

Provision is also made in this Article to prevent the reduction of 

total wages of employees on account of the reduction in working hours 

required by the Code. Exception is also made to the minimum wage 

provisions to allow for the employment of handicapped employees 

at wages below the minimum under certain specified conditions, and 

also to allow for the employment of apprentices at wages below the 

minimum otherwise provided. 

Article V eliminates child labor and provides that persons under 

the age of eighteen (18) years shall not be employed at operations or 

occ11pations which are hazardous in nature or detrimental to health. 

Contained in this Article are also the n1andatory provisions required by the Act, guaranteeing to employees the right to organize 

and bargain collectively. 

Adequate provision is also made to insure that employees in the 

Industry are informed of the labor provisions of the Code through the 

posting by employers in the Industry of official copies of such Code 

Provisions. ' 

Arti.cle VI provides for the establishment of a Code Authority composed of representatives of the Industry, labor, and the Recovery 

Administration. The responsibilities, powers and duties of the Code 

Authority ar.e also defined in this Article. 
496 

Article VII provides that all garments manufactured and distributed subject to the provisions of this Code shall bear an N.R.A. label to 

symbolize to purchasers conditions under which such garments were 

made. The Code Authority is given the exclusive right in the Industry to issue and furnish labels to the members of the Industry. 

Article VIII defines certain practices as unfair methods of cmnpeti- tion, and prohibits their use. Among these practices defined as unfair 

are the following; the giving of secret rebates; the use of misleading or 

inaccurate advertising; the granting of discounts in excess of the 

amount of 8-10 E.O.M.; the shipping of goods on consignment or 

memorandum except under certain specified circumstances; the paying 

directly or indirectly by any manufacturer to the Industry of the 

advertising expenses of customers; the acceptance of merchandise for 

credit or return except under certain conditions and for certain 

reasons. 

Article IX provides that the Code shall not be so applied as to permit monopolies or monopolistic practices, or to eliminate or oppress 

small enterprises. 

Article X provides for the method of n1odifying or amending the 

Code. 

Article XI is designed to clarify the jurisdiction of the Code. Article XII provides for the date upon which the Code shall become 

effective. 

WAGES AND HOURS 

It is estimated that the increase in employment due to the reduction 

of hours by this Code will be from twelve percent to fifteen percent. 

Except in isolated cases, the Code will have no direct effect upon 

wages arnong the metropolitan firms; out of town, where substandard 

wages have existed, and where, in addition, firms, were not affected by 

the general wage increase brought about in September of 1933 as a 

result of collective bargaining, the Code will cause, it is generally 

recognized, a fairly general increase in wages and, in scattered cases, 

a substantial increase. 

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 National Industrial Recovery Act, including removal 

of obstructions to the 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 supervisions, by eliminating 

unfair competitive practice, by promoting the fullest possible utilization of the present production capacity of industries, by avoiding 

wndue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural 

pl'oducts through increasing purchasing power, by reducing and 

relieving Hnemployme.nt, by improving standards ~f labor, and by 

otherwise rehabilitating indusotry. 
497 

(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 associations 

are industrial associations truly representative of the aforesaid industry; and that the said associations impose no inequitable restrictions 

on admission to membership therein. 

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

monopolistic practices. 

(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, 

APRIL 27, 1934. 

55571"----482-172----34----2 

HuGHS. JoHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE UNDERGARMENT 

AND NEGLIGEE INDUSTRY 

ARTICLE I-PURPOSES 

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 Undergarment and Negligee Industry, and shall 

be the standard of fair competition for such industry and shall be 

binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

The term "Industry" as used herein includes the manufacture and 

sale by the manufacturer, contractor or jobber, as such terms are hereinafter defined, of ladies' underwear and undergarments, negligees, 

and lounging pajamas from woven fabrics; except that this term shall 

not include the manufacture of women's and misses' pajamas, sleeping wear, and undergarments of woven fabrics when such garments, 

exclusive of trimming, are made of 100% cotton fabrics, nor shall it 

include the so-called athletic type of ladies' undergarments. 

2. The term "member of the Industry" as used herein includes 

any individual, partnership, association, corporation, or other person 

engaged in the industry either as an emplo} er or on his or its own 

behalf, as manufacturer, contractor, or jobber. 

3. The term "employee" as used herein includes any person however con1pensated engaged in the Industry, except a member of the 

Indu try. 

4. The term "employer" as used herein includes all those by whom 

any such employee is compensated or employed. 

5. The ter 11 "manufacturing employee" as used herein means one 

engaged in cutting, pressing, examining, machine operating, handsewing, finishing, sample Inaking, or in any other hand or machine 

operation. 

6. The term "non-manufacturing employee" as used herein includes all other employees engaged in the Industry not included 

within the n1eaning of the term "manufacturing employee." 

7. The term "manufacturer" as used herein includes all those who 

manufacture garments in the Industry from their own material, in a 

factory or establishment maintained and operated by them. 

8. The term "jobber" as used herein includes all those for whom 

and/or under whose direction or orders garments in the Industry are 

manufactured, in whole or in part, by contractors and/or other manufacturers, and who act as wholesale distributors of such garments. 

9. The term "Contractor" includes all those who manufacture 

garments in the Industry from materials provided for them by manufacturers, jobbers or others. 

10. The terms "President", "Act" and "Administrator", as used 

herein, shall mean _respectively the President of the United States, 

(498) 
499 

Title I of the N ationul Industrial Recovery Act and the Administrator 

for Industrial Recovery. 

11. The term "Metropolitan Area" as used herein means the five 

boroughs of Queens, Brooklyn, Bronx, Manhattan and Richmond, in 

the City of New York. 

ARTICLE III 1-HouRS 

1. No "manufacturing employee " shall be permitted to work in 

excess of thirty-seven and one-half (37} ) hours in any one week nor 

in excess of seven and one-half (77 ) hours in any twenty-four hour 

period, nor more than five (5) days in any one week, except as hereinafter provided. 

2. There shall be no more than one shift of employees in any one 

day. The Administrator, upon showing of good cause and after such 

notice and hearings as he shall prescribe may grant such exemption 

to this provision as he may deem necessary to effectuate the purposes 

of the Act. 

3. No "non-manufacturing employee" shall be permitted to work 

in excess of forty (40) hours in any one (1) week, or in excess of nine (9) 

hours in any twenty-four (24) hour period, except that such employees 

may be permitted to work four (4) hours overtime per week, provided 

they are compensated at their regular hourly rate for all hours worked 

in excess of forty (40) hours in any one (1) week. 1 

4. The provisions of this Article shall not apply to employees 

engaged in an executive, supervisory, or managerial capacity and 

receiving more than $35.00 dollars per week; nor to outside salesmen, 

or watchmen. 

5. No employer shall knovringly engage any employee for any time 

which, when totaled with that already performed with another employer, or employers, in this Industry, exceeds the maximum permitted herein. 

6. Any employer who does the work of a manufacturing employee 

shall be subject to the provisions of this Code as to hours of labor. 

7. Subject to approval of the Administrator, the Code Authority 

may designate the hour before which work shall not begin and the 

hour after which work shall cease and may determine in which localities this rule shall apply. . • 

8. No overtime shall be permitted except upon recommendation 

of the Code Authority and the approval of the Administrator, and 

under such conditions and upon such terms as the Administrator shall 

prescribe. 

ARTICLE IV 2 -WAGES 

1. No "manufacturi..11g employee" shall be paid at less than the 

rate of thirteen ($13.00) dollars per week of thirty-seven and one-half (37 7~ ) hours. No operators employed in factories loca ted in the 

"Metropolitan Area" shall be paid at less than the rate of SL'\:teen and 

one-half ($16.50) dollars per week of thirty-seven and one-half (37 %) 

hours, and, six (6) weeks after the effective date hereof, no operators 

employed in factories located outside of the "Metropolitan Area" 

shall be paid at less than the rate of fourteen ($14.00) dollars per week 

of thirty-seven and one-half (37 %) hours. 

I See paragraph 2 (5) of order approv ing this Code. J See paragraphs 2 (2) and 2 (3) of order approving this Code. 
500 

2. No "non-manufacturing employee" shall be paid at less than 

the rate of thirteen ($13.00) dollars per week of forty (40) hours. 

3. This Article establishes a minimum rate of pay regardless of 

whether an employee is compensated on a time rate, piece rate, or 

other basis. 

4. No employee shall receive a lesser rate than is required to provide the same earnings for the hourly work week herein established as 

was received for that class of work for the longer week prevailing 

immediately prior to the date of approval of this Code; provided, 

however, that this clause shall not be interpreted to require an increase 

in rate to any employee in excess of 20%. Nothing herein contained 

shall relieve any employer from paying the other minimum wage rates 

established in this Code. 

5. A person whose earning capacity is limited because of age, 

physical or mental handicap, or other infirmity may be employed on 

light work at a wage below the minimum established by this Code, if 

the employer obtains from the State authority, designated by the 

United States Department of Labor, a certificate authorizing such 

person's employment at such wages and for such hours as shall be 

stated in this certificate. Such authority shall be guided by the 

instructions of the United States Department of Labor in issuing 

certificates to such persons. Each employer shall file monthly with 

the Code Authority a list of all such persons employed by him, 

showing the wages paid to, and the maximum hours worked by such 

employee. 

6. Learners employed in the "Metropolitan Area" may be paid not 

less than at the rate of $10.00 per week, provided that the number 

of such learners shall not exceed 5% of the total number of employees 

of any one employer. Learners employed outside the "Metropolitan 

Area" may be paid not less than at the rate of $9.00 per week provided that the number of such learners shall not exceed 10% of the 

total number of employees of any one employer. In no case shall 

learners be employed as such, for a period in excess of ten (10) weeks, 

when employed in the "Metropolitan Area", nor in excess of twelve 

(12) weeks when employed outside the "Metropolitan Area", irrespective of whether they are employed by one or more employers.3 

7. Female employees performing substantially the same work as 

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

8. All manufacturers and/or jobbers who cause their garments to 

be made by contractors shall adhere to the payment of rates for such 

production in an amount at least sufficient to enable the contractor 

to pay employees the wages and earnings provided in this Code and 

in addition a reasonable payment to contractors to cover overhead. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under sixteen (16) years of age shall be employed in 

the industry. No person under eighteen (18) years of age shall be 

employed at operations or occupations which are hazardous in nature 

or detrimental to health. The Code Authority shall submit to the 

Administrator not later than sixty (60) days after the effective date 

hereof, a list of such operations or occupations. In any State an 

employer shall be deemed to have complied with this provision as to 

a See paragraph 2 (2) of order approving this Code. 
501 

age if he shall have on file a certificate or permit duly iss11ed by the 

Authority in such State empowered to issue employment or age 

certificates or permits showing that the employees are of the required 

age. 

2. (a) 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, of their agents, in the designation of such representatives or in self-orga_nization or in other concerted activities for 

the purpose of collective bargaining or other mutual aid or protection. 

(b) 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) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 3. No employer shall reclassify employees or duties of occupations 

performed or engage in any other subterfuge so as to defe-at the purposes or provisions of the Act or of this Code. 

4. No provisions in this Code shall supersede any law within any 

State which imposes more stringent requirements on employers as 

to age of employees, wages, hours of work, or as to safety, health or 

sanitary conditions or insurance, or fire protection , or general working conditions, than are impos~d by this Code. 

5. Each men1ber of the Industry shall be furnished by the Code 

Authority with official copies of the provisions of this Code relating 

to hours of labor, rates of pay, and other conditions of employment. Such official copies of such provisions shall contain directions for 

filing complaints of violations of such provisions, and shall be kept 

conspicuously posted at all times by such members of the Industry 

in each shop, establishment, or separate unit, to the extent necessary 

to make them freely accessible to all employees. "Whenever any 

modification of, or exemption or exception from this Code permits 

any person to pay lower wages or work his employees longer hours, 

or establishes conditions of employment less favorable to his employees 

than those prescribed by the provisions of this Code, the Code 

Authority, at the request of such person, shall furnish him with 

certified copies of such modifications, exemptions, or exception in 

sufficient number for p0sting along side of such official copies of 

Code provisions. 

No member of the Industry shall display or furnish any incorrect 

copies of such provisions, directions, modification, exemptions or 

exception. 

6. No home work shall be permitted by members of this Industry. 

7. Every employer shall provide for the safety and health of 

employees during the hours and at their places of employment. 

Standards of safety and health shall be submitted by the Code 

Authority to the Administrator within six months after the effective 

date of this Code. 

8. No employee shall be dismissed by reason of making complaint 

or giving evidence ·with respect to a violation of the Act or of this 

Code. 
502 

ARTICLE VI 4-0RGANIZATION, PowERs AND DuTIEs oF THE ConE 

AuTHORITY 

1. There shall forthwith be constituted a Code Authority consisting 

of: 

(a) Twelve (12) representatives of the Industry or such other 

members as may be approved from time to time by the Administrator . to be selected as hereinafter provided. 

(b) Two (2) representatives who shall have the right to vote on all 

questions affecting labor, compliance, and enforcement but who shall 

not have the right to vote on trade practice provisions or on the 

employment or discharge of any officer, director, attorney or other 

agency of the Code Authority. Said representatives shall represent 

the employees in the Industry and shall be appointed by the Administrator for Industrial Recovery upon the nomination of the Labor 

Advisory Board of the National Recovery Administration. Such 

representatives shall be given notice of and may sit at all meetings of 

the Code Authority. 

(c) Such additional members without vote not to exceed three (3) 

as the Administrator may appoint to represent such groups or such 

interests or such governmental agencies and for such periods as he 

may designate. 

2. Nine (9) of the members of the Code Authority representing 

the Industry shall be selected by the Undergarment League, Inc.5 

Three (3) of the members of the Code Authority representing the 

Industry shall be selected by the National Women's Undergarment 

Manufacturers Ass'n. Inc. 

3. 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 of its articles of association, 

by-laws, 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 of this Act. 

4. In order that the Code Authority shall at all times be truly 

representative of the Industries and in other respects comply with tha 

provisions of the Act, the Administrator may prescribe such hearings 

as he may deem proper; and thereafter, if he shall find that the Code 

Authority is not truly representative ot does not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

5. Nothing contained in this Code shall constitute the members of 

the Code Authority partners for any purpose. Nor shall any member 

of the Code Authority be liable in any manner to a.nyone for any act 

of any other member, officer, agent or employee of the Code Authority. 

Nor shall any member of the Code Authority be liable to anyone for 

any action or omission to act under the Code, except for his own 

willful misfeasance or nonfeasance~ 

6. If the Administrator shall determine that any action of the Code 

Authority or. any agency thereof may be unfair or unjust or contrary 

to the public interest, the Administrato.r may require that such action 

• See paragtap'h 2 (4} of order approying this Code. 6 See paragraph 2 (i) of order approving this Code. 
503 

be suspended to afiord an opportunity for investigation of the merits 

of such action· and further consideration by the Code Authority or 

agency pending final action, which shall not be e:ff ctive unless the 

Administrator approves or unless he shall fail to disapprove after 

thirty (30) days notice to him of intention to proceed with such action 

in its original or modified form. 

7. In addition to the information required to be submitted to the 

Code Authority as set forth in tills article thm~e shall be furnished to 

government agencies such statistical information as the Administrator 

may deem necessary for the purposes recited in Section 3 (a) of the 

National Recovery Act. Nothing herein contained shall relieve any 

member of this Industry from any responsibility to furnish reports to 

other governmental agencies. 

8. The Code Authority shall have the follov.-ing powers and duties 

to the extent permitted by the Act, subject to such rules and regulations as may be prescribed by the Administrator. 

(a) To insure the execution of the provisions of this Code and to 

provide for the compliance by the members of the Industry with the 

provisions of the Act. 

(b) To adopt by-laws and rules and regulations for its procedure 

and for the administration of the Code. 

(c) To obtain through a confidential agency from members of the 

Industry periodical reports in such form and at ~mch times with 

respect to wages, hours of labor, conditions of employment, number of 

employees, and such other matters pertinent to the purposes of this 

Code as the Code Authority v.-ith the approval of the Administrator, 

may require for the administration and enforcement of this Code, and 

to submit reports to the Administrator in such form and ut such times 

us he may require in order that the President may be informed as to 

the observance or non-observanc of the Code and to further e:ffe tuate 

the policies of the Act. 

The confidential agency shall be in no way engaged in the Industry 

nor connected with any member thereof, and all reports received by 

it shall be held as secret and confidential, except that they shall be 

made available to the Administrator. 

Such agency shall analyze, digest, and consolidate such reports and 

shall disclo e only general findings based thereon. Such general 

findings shall be made available to the Code Authority and such 

members of the Industry a have assented to this Code. 

(d) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for therein, 

and to pay such agencies the cost thereof; provided, that uch agencies 

shall at all times be subject to and comply with the ro ions of this 

Code; and provided further that nothing herein shall relieve the Code 

Authority of any of its duties and responsibilities thereunder. 

(e) To coordinate the administration of this code with such other 

codes, if any, as may be related to the Undergarment and Negligee 

Industry, or any subdivision thereof, with a view to promoting joint 

and harmonious action upon matters of common interest. 
504 

(f) (1) It being found necessary to support the Administration of 

this Code, in order to effectuate the policy of the Act and to maintain 

the standards of fair competition established hereunder, the Code 

Authority is authorized: 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations 

out of funds which shall be held in trust for the purposes of the 

Code and raised as hereinafter provided; 

(b) To submit to the Administrator for his approval, subject 

to such notice and opportunity to be heard as he may deem 

necessary: 

1. An itemized budget of its estimated expenses for the foregoing purposes, and 

2. An equitable basis upon which the funds necessary to support such budget shall be contributed by all members of the 

Industry entitled to the benefits accruing from the maintenance 

of such standards, and the administration thereof; 

(c) After such budget and basis of contribution have been 

approved by the Administrator, to determine and collect equitable contributions as above set forth, and to that end, if necessary, 

to institute legal proceedings therefor in its own name. 

(2) Each member of the industry shall be liable for his or its equitable contribution to the expenses of the maintenance of the Code 

Authority as hereinabove provided. Only members of the industry 

complying with the Code and making such contribution shall be entitled to participate in the selection of the members of the Code Authority or to receive the benefits of its voluntary activities or to make use 

of any N .R.A. insignia. 

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

N .R.A. insignia and the N.R.A. Label provided for in Article VII 

hereof. 

(h) To establish or designate an agency on planning and fair practice which shall cooperate with the Code Authority in developing fair 

inter and intra trade practices and industrial planning, including the 

regularization of employment and stabilization of employees for the 

Industry. 

(i) To initiate, consider, and make recommendations for the modification or amendment of this Code. (j) To appoint a trade practice committee which shall meet with 

the tr.ade practice committees appointed under such other codes as 

may be related to the Industry for the purpose of formulating fair 

trade practices to govern the relationships between production and 

distribution employers under this code and under such others to the 

end that such fair trade practices may · be proposed to the Administrator as amendments to this code and such other codes. 

ARTICLE VII-LABELS 

All garments n1anufactured or distributed subject to provisions of 

this Code shall bear an N.R.A. label to symbolize to purchasers of said 

garments the conditions under which they were manufactured. Each 

label shall bear a registration number especially assigned to -each 

employer by the Code Authority and remain attached to such garment 

when sold to the retail distributor. Any emptoy~r may apply t}> the 

Code Authority for a per.mit'to use such N.R.A.label, but the ell!ployer 
5{)5 

may use such label only if and so long as he oomplies with this Code. 

The Code Authority subject to approval by the Administrator, shall 

establish rules and regulations and appropriate machinery for the 

issuance of labels and the inspection, examination ana supervision of 

the practices of employers using such labels in observing the provisions 

of this Code for the purpose of ascertaining the rights of said employer 

to the continued use of said labels; of insuring to each individual 

employer that the symbolism of said label will be maintained by virtue 

of compliance with the practices herein contained by all other employers. 

The charge made for such labels by the Code Authority shall at all 

times be subject to supervision and orders of the Administrator and 

shall be not more than an amount necessary to cover the actual 

reasonable cost thereof, including actual printing, distribution and 

administration and supervision of the use thereof as hereinbefore 

set forth. 

ARTICLE VIII-TRADE PRACTICES 

The following practices constitute ·unfair methods of competition 

for members of the Industry and are prohibited: 

1. No member of the Industry shall make secret payments or 

allowances of rebates, refunds, extra-dating, commissions or unearned 

discounts, whether in the form of money or otherwise for the secret 

extension to certain purchasers of special services or privileges 

not extended to all purchasers of the same class on like terms and 

conditions. 

2. No member of the Industry shall publish advertising (whether 

printed, radio, display, or of any other nature), which is misleading 

or inaccurate in any material particular. Nor shall any member in 

any way intentionally misrepresent any goods (including, but without 

limitation, their use, trademark, grade, quality, quantity, origin, size, 

substance, character, nature, finish, material content or preparation) 

or credit terms, values, policies, services or the nature or form of the 

business conducted. 

3. No member of the Industry shall give cash discounts in excess 

of 8-10 E.O.NI. All merchandise shipped from the first (1st) of the 

month to the twenty-fourth (24th) of the month inclusive shall be 

due and payable on the tenth (lOth) of the following month. Bills 

for merchandise shipped on or after the. twenty-fifth (25th) of the 

month may be dated as of the first (1st) of the following month. 

There shall be no additional dating. 

4. No member of the Industry shall publish advertising which 

refers inaccurately in any material pa.rticular to any competitors or 

their goods, prices, values, credit terms, policies or services. 

5. No member of the Industry shall publish or circulate unjustified 

or unwarranted threats of legal proceedings which tend to or have the 

effect of harassing competitors or intimidating their customers. 

6. No member of the Industry shall ship goods on consignment, 

except under conditions which may be approved by the Adminis-trator. 

7. The Code Authority, upon the adoption of this Code, shall investigate the prevailing terms and conditions under which products 

of the Industry are shipped with a view of making recommendations 

to the Administrator designed to regulate said terms and conditions. 

The Code Autho-rity shall make such reco:rm:ilendations within sixty 

,. 
" 

506 

(60) days after the effective date hereof, and, upon approval by the 

Administrator, such recommendations either in their original or modified form shall become a part of this Code. 

8. No member of the Industry shall p_ay, directly or indirectly, the 

advertising expenses of any customer. 

9. No member of the Industry shall accept for credit or exchange 

returned merchandise, except for defects in manufacture, delay in 

delivery, errors in shipment or failures to conform to specifications. 

No returned merchandise shall be accepted for credit if returned after 

ten (10) days from date of receipt by the customer~ except on account 

of defects in manufacture not discoverable by reasonable inspection. 

No member of this Industry shall accept for credit or exchange worn 

and washed garments, except as hereinabove provided. 

ARTICLE IX-MONOPOLIES 

This Code shall not be construed or appli~d to promote or permit 

monopolies or monopolistic practices, or to eliminate or oppress small 

enterprises, or to discriminate against them. 

ARTICLE X-MODIFICATIONS 

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

subject to the right of the President, in accordance with the provisions of Sub-section (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 of hearing as he shall specify, and to become effective 

on approval by the President. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective upon the second Monday after its 

c:pproval. 

Approved Code No. 408. 

Registry No. 277-1-01. 

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UNIVERSITY OF FLORIDA 

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