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3 1262 08486 7919 Registry No. 299-31. 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WADDING INDUSTRY 

AS APPROVED ON APRIL 19, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

( 

I 

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 ForPign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMEi'iT OF COMME.::lCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Feder9.1 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 Buil<..linCT. 

Detroit, Mich.: SOl First National Bank Buildin~. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

l{ansas City, Mo.: 1028 Baltimore AYenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 4.08 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

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.: 422 Commercial Trust Buildin ~. 

Pittsburgh, Pa.: Chamber of Commerce Building 

:Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Oiive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 395 

CODE OF FAIR COMPETITION 

FOR THE 

WADDING INDUSTRY 

As Approved on April 19, 1934 

ORDER 

ConE OF FAIR CouPETITION FOR THE WADDING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance \Yith 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 'Vadding 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: 

NO,V, THEREFORE, on behalf of the President of the United 

State , 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 

\Yith the pertinent provjsions and will promote the policy and purpose 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' 

Ad1ninist1·ator for Industrial R ecovery. 

Approval recommended: 

,v. A. HARRIMAN, 

Acting Division Ad1ninistrator. 

w ASHHWTON D.C., 

April19, 1934. 

53633°----482-102----34 (297) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report of! the Hearing on the Code of Fair Competition for the Wadding Industry, conducted in Washington, D.C., 

on January 30, 1934. 

In accordance with the customary procedure every person who 

filed a request for 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, claiming to represent 95 

per cent of the capacity of the Industry. 

GENERAL CHARACTERISTICS OF THE INDUSTRY 

The manufacture of wadding includes the processing of cotton 

or other fibre on cards or garnetts, producing a layer of felt sized 

on one or both sides, and in some cases, having a sheet of paper or 

cloth applied to one or both sides of the felt. Its principal u es are 

for automobile upholstering, the manufacture of clothing pads or 

padding, quilted products, air or liquid filtering and other uses. 

There are five manufacturers in this Industry, while three of this 

number cmnprise 95 per cent of the iuve tment and the pach:ao·e 

and dollar sales of the Industry. These three manufacturers also 

compose the membership of the As ociation which was organized 

during the World War to cooperate with the Administration during that period. The Industry represents a total investment of 

approximately $3,000,000.00. 

This Industry is subject to decided sea onal variations due to the 

demands of the two principal outlets, namely, the clothing, furrier, and kindred Industries, and the Automobile Indn try. Unfortunately, the products cannot be economically or · onveniently 

stored in anticipation of the needs for those produces. 

In assenting to this Code, this Indu try reduces its work week to 

an average of 40 hours from that of 51 hours prevailing during the 

year 1929, while the average minimum wage rate per hour paid 

to employees since J nly 1933 ha..s been raised to 481j ~ per hour from 

32¢ per hour, which was the average minimum wage rate paid 

employees in 1929. 

During 1929, the total number of known men employed by members of the Industry was 360, while during the year 1933, the total 

known number of men employed by members of the Association 

in the Industry, averaged 425, although the volume of busine rlone 

during 1932 and 1933 was 58% les than the volmne done in 1929. 

(298) 
299 

PROVISIONS OF THE CODE 

The labor provisions of this Code are similar in many ways to 

those of the Code of Fair Competition for the Bedding Industry, 

because of the fact that many of the manufacturers of wadding are 

also manufacturers of products which go into the manufacture of 

rna ttresses. 

The minimum wage in the northern section of the United States is 

32lj2 ¢ per hour while the minimum wage in the southern section is 

30¢ per hour. 

Provisions relative to maximum hours call for a work week of 40 

hours with a maximum o.f 48 hours for S weeks during any 6 months 

period, as a peak period is necessary to the Industry in view of the 

seasonal demand as hereinbefore outlined. 

Because of the few manufacturers in the Industry, and because of 

the limited field for the outlet of the products, this Industry has 

felt it unnecessary to submit but one Trade Practice. This Trade 

Practice prohibits the use of second hand material, which has been 

detrimental to this and similar Industries for many years. 

FINDINGS 

The Deputy Administrator in his final report to me on said ode 

having found as herein set forth and on the ba is of all the proceedings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policie · and purpo es 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 anctions and supervi ion, by eliminating unfair competitive practices, by promoting the fullest pos ible 

utilization of the present productive capacity of indu tries, 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 stan lards 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 Sub ection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant a socjation is an industrial association truly representative of the aforesaid 

Industry; and that said association imposes no inequitable restrictions 

on admission to membership therein. 

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

or monopolistic practices. 
300 

(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 19, 1934. 

HUGH s. JOHNSON' 

Ad1ninistrator. 
CODE OF FAIR COl\1PETITION FOR THE WADDING 

INDUSTRY 

ARTICLE I-PunPOSE 

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 '~T adding Industry, and shall be the 

standard of fair competition for this industry and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Wadding Industry" or "Industry" as used herein 

means and includes the manufacture of wadding. The term "wadding" as used herein means a layer of felt (usually cotton fibre) 

carded on a card or garnett, which layer is sized (glazed) on one 

or both sides. 'V adding shall also include the above material with 

a sheet of paper or cloth applied to one or both sides and adhering 

firmly to the sized layer so as to form a unified whole. Wadding 

is generally put up in the form of bales or rolls, folds or sheets, 

and sold for the following purposes : Clothing pads and padding; 

air or liquid filtering; hospital use, quilted products, and similar 

uses. 

2. The term "Association", as applied to the Industry mean the 

National Association of Wadding 1\t!anufacturers. 

3. The term "Secretary" means the Secretary of such Association. 

4. The term "member of the Industry" includes but \vithout 

limitation, any individual, partnership, association, corporation, or 

other form of enterprise engaged in the Industry as above defined, 

whether as an employer or on his own behalf. 

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

in the above defined Industry in any capacity receiving compen ation 

for his services irrespective of the nature or method of payment of 

such compensation. 

6. The term" employer" as used herein includes any one by whom 

any such employee is compensated or employed in this Indu try. 

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

herein shall mean respectively, the President of the United States, Title I of the National Industrial Recovery Act an l the Administrator for Industrial Recovery. 

ARTICLE III-Houns 

1. No employee shall be pern1itted to work in excess of forty ( 40 ) 

hours per week except that for eight (8) weeks during any six (6) 

months' period employees may be permitted to work forty-eight ( 48) 

hours per week. The foregoing provisions shall not apply to: 

(a) Outside salesmen, or employees engaged in emergency maintenance or emergency repair work or persons employed in a man-

(301) . 
302 

agerial, supervisory or executive capacity who earn not less than 

thirty-five ($35.00) per week. 

(b) Firemen, engineers, cleaners, truck drivers and shipping 

crews who may be permitted a ten per cent (10 % ) tolerance over the 

hours specified. 

(c) Watchmen who shall not be permitted to work more than 

fifty-six (56) hours a week. 

ABTICLE IV-"\iV AGES 

1. No employee shall be paid at less than the rate of thirty-two 

and one-half cents (321f2¢) per hour in the Northern Section of the 

United States, nor thirty cents (30¢) per hour in the Southern 

Section of the United States. 

(a) The Southern Section is defined as comprising North Carolina, South Carolina, Florida, Georgia, Alabama, Tennessee, Mississippi, Arkansas, Louisiana, Oklahoma, Texas, and Virginia; and 

the Northern Section is defined to include all other states in the 

United States proper including the District of Columbia. 

(b) Learners without previous experience in this Industry may 

be employed at a minimum wage rate of eighty per cent (80%) 

of the minimum wage rate prescribed by this Article provided that 

the period of learning shall be not more than thirty (30) days, and 

provided further, that the number of such learners shall, at no time, 

exceed five per cent ( 5% ) of the total employees in any particular 

plant in this Industry; provided further, that no employee may 

serve more than one learning period within this Industry. 

2. A person whose earning capacity is limjted 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 U.S. Department of Labor, a certificate authorizing such 

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

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

instructions of the U.S. 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 of work for such employee. 

3. This Article establishes minimum rates of pay, which shall 

apply irrespective of whether an employee is actually compensated 

on a time-rate, piece-work, or other basis. 

4. Rates of pay in excess of the minimum hereinbefore prescribed 

shall be equitably adjusted within sixty (60) days in order to preserve equitable differentials. All such adjustments made since June 

1, 1933 shall be reported to the Code Authority. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. On and after the effective date of this Code no employer shall 

employ anyone under the age of sixteen (16) years, nor anyone under 

eighteen (18) years of age at operations or occupations hazardous 

in nature or dangerous to health. In any State any employer shall 
303 

be deemed to have complied with this prov1s1on if he shall have 

on file a certificate or permit duly issued by the Authority in such 

State empowered to issue employment of age certificates or permits 

showing that the employee is of the required age. 

2. In compliance with Section 7 (a) of Title I of the Act: 

(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, 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. 

(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. Every employer shall provide for the safety and health of employees during the hours and at the places of their employment. 

Standards for safety and health shall be submitted by the Code 

Authority to the Administrator within six months after the effective 

date of the Code. 

4. No employer shall reclassify employees or duties of occupations 

performed or engage in any other subterfuge for the purpose of 

defeating the purposes or provi ions of the Act or of this Code. 

5. Each employer shall post in conspicuous places full copies of 

Articles III, IV, and V of this Code and such other Articles and 

in accordance with such regulations as are required by the Administrator. 

ARTICLE VI-ADMINISTRATION 

1. To further effectuate the policies of the Act, a Code Authority 

representing said Industry is hereby constituted to cooperate with 

the Administrator in the administration of this Code. 

(a) The Code Authority shall consist of four ( 4) members, three 

( 3) 1nembers to be elected by and from the members of the Association, and one ( 1) to be elected by and from the nonmembers. The 

method of election shall be approved by the Administrator. 

(b) The Administrator may appoint one (1) member without vote 

or expense to the Industry to represent the Administrator on the 

Code Authority. 

(c) The Code Authority shall be elected within twenty (20) days 

after the approval of this Code. 

(d) If the representative of the nonmember group to the Code 

Authority is not elected within 30 days after the approval of the 

Code, the Board of Directors of the Association may elect a member 

to the Code Authority to fill that place, subject to the approval of 

the Administrator. 

2. Each trade or industrial as ·ociation 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 
304 

by-laws, regulations, and any amendments when made thereto, together with such other information as to membershjp, organization, 

and activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

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

representative of the Industry and in other respects. comply with the 

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, or ooes 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. 

4. l\1embers of the Industry shall be entitled to participate in 

and share the benefits of the activities of the Code Authority and to 

participate in the selection of the members thereof as provided in 

Section I (a) of this Article by assenting to and complying with the 

requirements of this Code and sustaining their reasonable share of 

the cost and expenses of its administration. Such reasonable hare 

of the expenses of administration shall be determined by the Code 

Authority, subject to approval by the Administrator, on the basis 

of volume of business andjor such other factors as may be deemed 

equitable. 

5. Powers and Duties of the Oode Authority.-The Code Authority shall have the following further powers and duties: 

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

to provide, subject to rules and regulations established by the Administrator, for the compliance of the Industry with the provisions 

of the Act; Provided, however, that this shall not be construed to 

deprive duly authorized governmental agencies of their powers to 

enforce the provisions of this Code or of the Act. 

(b) To cooperate with the Administrator in making investigations 

as to the functioning and observance of any provisions of this Code 

at its own instance or on complaint or any person affected and shall 

report the same to the Administrator. 

(c) To make recommendations to the Administrator for the cooTdination of the administration of this Code with such other codes, 

if any, as may be related to the Industry. 

(d) Subject to approval of the Administrator, to assess upon 

members of the Industry an equitable and proportionate share of 

the reasonable cost and expenses of maintaining the Code and the 

activities of the Code Authority, which amount shall be paid by 

each member of this Industry. 

(e) To obtain from mem.bers of the Industry such information 

and reports as are required for the administration of the Code and 

in addition to information required to be submitted to any Code 

Authority, all or any of the persons subject to this Cole shall furnish 

such statistical information as the Administrator may deem necessary for the purpose recited in Section 3 (a) of the Act to such 

Federal and State agencies as the Administrator may de ignate; 

nor shall anything in any Code relieve any person of existing 

obligations to furnish reports to government agencies. 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 President. 
305 

(£) To present to the Administrator from time to time recommendations for modification of this Code, based on conditions in 

the Industry as they may dBvelop which will tend to effectuate the 

operation of the provisions of this Code. 

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

of any National Recovery Administration Code Insignia solely by 

those members of the Industry who are complying with this Code. 

6. Any member of the Industry shall have the right to appeal to 

the Administrator, under such rules and regulations as he may 

prescribe, in respect to any rule, regulations, or other course of 

action, issued or taken by the Code Authority. 

7. Nothing contained in this Code shall constitute the members 

of the Code Authority or members of the Association participating 

in the activities of the Code Authority partners for any purpose. 

Nor shall any member of the Code Authority or members of the 

Association participating in the activities of the Code Authority be 

liable in any manner to anyone for any act of any other member, 

officer, agent, or employee of the Code Authority hereinbefore 

mentioned. Nor shall any member of the Code Authority exercising 

reasonable diligence in the conduct of his duties hereunder, be 

liable to anyone for any action or om.ission to act under this Code, 

except for his own willful misfeasance or nonfeasance. 

8. If the Administrator shall determine that any action of a code 

authority or any agency thereof may be unfair or unjust or contrary 

to the public interest, the Administrator may require that such action 

be suspended to afford an opportunity for investigation of the merits 

of such action and further consideration by such code authority or 

agency pending final action 1vhich shall not be effective unless the 

Administrator approves or unless he shall f ail to disapprove after 

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

action in its original or modified form. 

ARTICLE VII-UNFAIR TRADE PRACTICES 

1. The following practice constitutes an unfair method of competit]on for members of the 'Vadding Industry and is prohibited: 

(a) The use of second-hand or previously used cotton in the Jnanufacture of 'Vadding. Previously used cotton is defined to mean any 

cotton which has been manufactured and used for the purpose for 

which it was manufactured or in the manufacture of any finished 

product which has been used by a consumer. This provision shall 

not prohibit the use of the by-products produced in the manufacture 

of new fabric nor material reclaimed from new f abric, and it shall 

not prohibit the use of burlap, manchester or jute bagging, but it does 

prohibit the use of second-hand material such as might be reclaimed 

from old comforters, mattresses, bedding of any kind or automobile 

upholstery or upholstery furniture , clothing or the like. 

ARTICLE VIII-MoDIFICATION 

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

subject to the right of the Pre ident, in accordance with the provisions of subsection (b) of Section 10 of the National Industrial 
306 

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 Administrator. 

ARTICLE IX 

No prov1s10n in thi Code shall supersede any State or Federal 

law which imposes on employers more stringent requirements than 

are imposed by this Code. 

ARTICLE X-MONOPOLIES, ETC. 

No prov1s10n of this Code shall be so applied as to permit 

monopolies or monopolistic practices, or to eliminate, oppress, or 

discriminate against small enterprises. 

AnTICLE XI-SPECIAL AGREEl\:IEKTS 

Rea onable notice of the submission of any agreement authorized 

to be submitted to the President by virtue and under authority of 

Section 4 (a) of the Act shall be given to the C<>de Authority of this 

Industry by any member of the Industry who proposes to make 

such agreement. 

ARTICLE XII-EFFECTIVE DATE 

This Code shall become effective on the second 1v1onday after 

its approval and shall continue in effect during the period of the 

National Industrial Recovery Act. 

ApproYed Code No. 395. 

Registry No. 299-34. 

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