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 Registry No. 1607—03 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 PROPOSED CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 CURLED HAIR INDUSTRY 
 
 AS SUBMITTED ON AUGUST 30, 1933 
 
 WE DO OUR PART 
 
 The Code for the Curled Hair Industry 
 
 in its present form merely reflects the proposal of the above-mentioned 
 
 industry, and none of the provisions contained therein are 
 
 tobe regarded as having received the approval of 
 
 the National Recovery Administration 
 
 as applying to this industry 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON : 1933 
 
 For sale by the Superintendent of Documents. Washington, U.C. ..--.--- Price 5 cents 
 
CODE OF FAIR COMPETITION OF THE CURLED HAIR 
 
 INDUSTRY 
 
 Article I — Purpose of the Code 
 
 The purpose of the Code is to effectuate the policies set forth in 
 Title I of the National Industrial Kecovery Act, durinjr the period 
 of the emergency set forth therein, insofar as it is applicable to the 
 Curled Hair Industry by reducing unemployment, improving the 
 standards of labor, eliminating practices inimical to the interests of 
 tlie public, employees, and employers, to increase the compensation of 
 industrial and agricultural products by increasing the general pur- 
 chasing power, and otherwise to improve the present conditions of 
 the Curled Hair Industry and all such purposes as are set forth in 
 the National Recovery Act insofar as the same apply to the Curled 
 Hair Industry. 
 
 Article II — Definitions 
 
 "Wherever used in this Code or in any Schedule appertaining 
 hereto the terms, hereinafter in this Article and in any Schedule an- 
 nexed hereto, shall, unless the context shall otherwise clearly indi- 
 cate, have the respective meanings hereinafter in this Article and in 
 such Schedule set forth. The definition of any such term in the 
 singular shall apply to the use of such term in the plural and vice 
 versa. 
 
 Section 1. The term '" United States " means and includes all of 
 the territory of the United States of America. 
 
 Sec. 2, The term ^ the President '' means the President of the 
 United States of America. 
 
 Sec. 'i. The term " the Industry '" means and includes the business 
 of manufacturing Curled Hair in the " United States." 
 
 Sec. 4. The term " Curled Hair " means and includes all hair 
 and/or Hair fibres and fibres of animal or vegetable origin curled 
 or crimped. 
 
 Sec. 5. The term " member of the Industry " means and includes 
 any person, firm, association, or corporation ojjcrating a plant or 
 ])lants in the Ignited States for the Manufacturing of Curled Hair. 
 
 Sec. (). The term "the Code'' means and includes this Code and 
 all Codes annexed hereto as originally ajjproved by the President 
 and all anuMuhnents hereof and thereof nuide as hereinafter in 
 Article IX i^rovided. 
 
 Sec. 7. The term "xVssociation "' means the National Association 
 of Curled Hair Manufacturers. 
 
 Sec. 8. The term " unfair practice'" means aiul includes any act 
 described as an unfair practice in Schedule 1 annexed hereto. 
 
 Sec. y. Wherever used in tlie Code with reference to the Industry, 
 or any member of the Industry, unlos the context shall otherwise 
 clearly indicate — 
 
 8968—33 (1) 
 
(a) The term "■ products " includes only Curled Hair or Curied 
 Hair and fibre. 
 
 (b) The term " plant " means only a plant for the production of 
 one or more products in the Industry ; 
 
 (c) The term " prices " means only prices for products produced 
 in the Industry; 
 
 (d) The term " wages " includes only wages for labor performed 
 in the Industry; 
 
 (e) The term " labor " means only labor performed in the 
 Industry ; 
 
 (f ) The term " hours of labor " or " hours of work " includes only 
 hours of labor or hours of work in the Industry ; and 
 
 (g) The term " employee " means only an employee in the 
 Industry. 
 
 Sec. 10. The term " the National Industrial Recovery Act " means 
 the National Industrial Recovery Act as approved by the President. 
 June 16, 1933. 
 
 Sec. 11. The term " the effective date of the Code " means the sec- 
 ond Monday after the date on which the Code shall have been ap- 
 proved by the President, pursuant to the National Industrial 
 Recovery Act. 
 
 Article III — Administration or the Code 
 
 Section 1. " The National Association of Curled Hair Manu- 
 facturers ", herein sometimes referred to as " the Association ", is an 
 unincorporated group having an office at present at Philadelphia, 
 State of Pennsylvania. Membershi]) in the Association shall be 
 open to all members of the Curled Hair Industry. The reasonable 
 cost of administering the National Association of Curled Hair Man- 
 ufacturers shall be assessed to the members directly. The dues as- 
 sessed for such cost on an equitable basis shall be established by the 
 Association and shall be subject to revision from time to time by the 
 Association. 
 
 Sec. 2. The Association shall be the general planning and co- 
 ordinating agency for the Curled Hair Industry and shall cooperate 
 with the President in furthering the policies of the National Indus- 
 trial Recovery Act. 
 
 Article IV — Hours of Labor, Rates of Pay, and Other Conditions 
 
 or Employment 
 
 Section 1. Pursuant to subsection (a) of Section 7 of the National 
 Industrial Recovery Act and so long as the Code shall be in effect, 
 the Code shall be subject to the follov;ing conditions : 
 
 (1) That 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 pur- 
 pose of collective bargaining or other mutual aid or protection ; 
 
 (2) That no employee and no one seeking employment shall be 
 required as a condition of employment to join any company union 
 
3 
 
 or to refrain from joinin<r, orp:aniziiifr. or assistin<r a labor orjzaniza- 
 tion of liis own choosing; and 
 
 (3) That employers shall comjily with tlie maxinium hours of 
 labor, minimum rates of pay, and other conditions of employment, 
 approved or ]n'escribed by the President. 
 
 Sec. 2. The plants of the Industry are open to capable Avorknien 
 without regard to their membership or nonmembership in any labor 
 organization. The Industry tirmly believes that the uncjualified 
 maintenance of that principle is to the interest of its employees. 
 
 Sec. 3. The Industry understands that nothing in Article IV, 
 Section 1. Subdivisions!, 2, and 3. shall impair in any particular the 
 constitutional rights of the employee and employer to bargain in- 
 dividually or collectively as may be mutually satisfactory to them, 
 nor does it impair the joint right of employer and employee to oper- 
 ate an oj^en shop, and that nothing in the said Section and Subdi- 
 visions shall prevent a member of the Industry from selecting, dis- 
 charging, retaining, and advancing any emplovee or employees on 
 the basis of his or their individual merit without regard to his or 
 their affiliation or nonaffiliation with any labor organization. 
 
 Sec. 4. None of the members of the Industry shall employ in or 
 about its plant any person under sixteen years of age. 
 
 Sec. 5. No employee as noted below shall be paid less than 35<if 
 per hour for females and 40^ per hour for males. Employees dis- 
 abled by old age, or other causes, employed in the plant and not to 
 exceed in number five percent of the pay roll who shall receive not 
 less than 80 percent of the minimum rates. 
 
 Sec. 6. Xo employer shall employ any person except as herein- 
 after mentioned over 40 hours per week in any period of 26 weeks, 
 nor over 48 hours in any one week, but such employees shall in no 
 case work more than 40 hours average in any 26-week period. The 
 provisions of this paragraph shall not apply to repair, engineering, 
 firemen, shipping, watching, supervisory staff, executives, and sales- 
 men receiving 3,5 dollars per week and over. The working hours 
 of Office Emj)loyees shall be an average of forty hours a week in any 
 twenty-six weeks' period. For the purpose of this section the first 
 twenty-six weeks" ])eriod for each employee in the employment of 
 any member of the Industry at the effective date hereof shall begin 
 with such date, and the first twenty-six weeks' period for any em- 
 ployee hereafter em})loyed shall begin with the date of employment 
 of each employee. 
 
 Article V — Industry and Division Planning Coimmittefs 
 
 For the purpose of carrying into effect the policies of the National 
 ludustrial Recovery Act the Association shall ai)iK)int an Industry 
 Plaiiuiug CV)muiittee. No decision of the Industry Planning Com- 
 mittee sliall be binding upon the Industry unless approved by three 
 fourths of the members of the Association. 
 
 AirriciE VI — T"iNFAiR Phactices 
 
 For the purpose of the Code the acts described in Schedule I 
 annexed hereto shall constitute unfair practices. Such unfair prac- 
 tices and all other practices which shall be declared to be unfair 
 
practices by the Association or by any amendment to the Code 
 adopted, as' hereinafter in Article IX ])rovided and at the time in 
 eifect, shall be deemed to be unfair methods of competition in com- 
 merce within the meaning of the Federal Trade Commission Act as 
 amended, and the using or employing of any of them shall be deemed 
 to be a violation of the Code; and any member of the Industry 
 which shall, directly or indirectly, through any officer or representa- 
 tive, knowingly use or employ any of such unfair practices shall be 
 guilty of a violation of the Code. 
 
 AktICLE VII EXFORCEMENT OF THE CoDE 
 
 In the case of a complaint made to the Association of any viola- 
 tion of this Code, or any amendment or supplement thereto, the 
 Association shall cause such complaint to be investigated. Should 
 the Association have reasonable ground for believing that the com- 
 plaint is justified and if, after reasonable notice to the offender, the 
 offender does not correct any such violation, the Association shall 
 duly notify all of the members of the Industry of such violation. 
 The Association may thereafter in its discretion present the facts 
 of such violation to the Attorney General of the United States, or 
 the Federal Trade Commission, or any other duly constituted public 
 authority upon whom the duty of enforcing this Code of fair com- 
 petition rests. 
 
 i\.RTicLE VIII — General Provisions 
 
 Section 1. Any notice, demand, or request required or permitted 
 to be given to, or made upon, any member of the Industry shall be 
 sufficiently given if telegraphed prepaid, addressed to such member 
 at the address of such member on file with the Association and in 
 the event that no time is provided in this Code for the delivery of 
 any notice, demand, or request, ten days'" notice shall be required to 
 be given. 
 
 Sec. 2. None of the members of the Industry shall be liable in any 
 manner to anyone for any acts of any other member of the Industry, 
 or for any acts of the Association, or any officer, committee, attorney, 
 or employee of the Association. None of the members of the Indus- 
 try or Association or any committee, officer, attorney, agent, or 
 employee thereof appointed by the Association for the Industry shall 
 be liable to anyone for any act or omission to act under the Code, 
 except for a willful misfeasance or nonfeasance. Nothing contained 
 in the Code shall be deemed to confer upon anyone other than a 
 member of the Industry any right, claim, or demand whatsoever 
 against a member of the Association or of any committee appointed 
 by the Association or against any officer, attorney, or employee 
 employed by the Association. 
 
 Sec. 3. As soon as members of the Industry representing three 
 fourths of the members of the Association shall have signified their 
 approval of the Code, the Code Committee through its Chairman 
 shall submit the Code to the President pursuant to the ])rovisions of 
 Title I of the National Industrial Recovery Act, and upon ap])roval 
 of the Code by the President pursuant to the provisions of such 
 
Title I. the Code shall apply to and be bin<liii<i upon cvi'i'v nicniber 
 of the Indiistiy. 
 
 Skc. 4. The Association shall have the power fioin time to time to 
 interpi'et ami construe the ])rovisions of the Code, includin<>;. but 
 without limitation upon the fore<roinji;, j)ower to determine what are 
 })roducts within the meaning of that term as it is used in the Code. 
 Any interpretation or construction placed upon the Code by the 
 Association shall be final and conclusive upon all members of the 
 Industry, 
 
 Sec. 5. The Association shall have power from time to time to 
 dele<i:ate any powers conferred upon it i)ursuant to any of the ])ro- 
 visions of this Code to any connnittee comjiosed of members thereof, 
 and or members of tlie Industry, and/or attorney, and/or a<rents. 
 
 Sec. 0. Pursuant to Subdivision (b) of Section 10 of the National 
 Industrial Recovery Act. the President may from time to time cancel 
 or modify any order, approval license, rule, or regulation issued 
 under Title I of said Act. 
 
 Article IX — Amen D:\rEXTs 
 
 This Code may be amended at any time in the manner hereinafter 
 };rovided. The chanire of any schedule hereto or the addition hereto 
 of any new schedule shall constitute an amendment of the Code. 
 All amendments shall be proposed by not less than twenty-five per- 
 cent of the members of the Association. Each amendment so pro- 
 posed shall be submitted to a meeting of members of the Associa- 
 tion which shall be called for such purposes upon giving not less 
 than ten days* notice to each member of the Association, stating the 
 time and place of such meeting and the purpose therefor. If at 
 such meeting the members of the Association representing three 
 fourths of the members thereof sliall vote in favor of the adoption 
 of such amendment, such amendment shall be submitted to the 
 President for approval, if approval thereof by him shall then be 
 required by law. Such amendment shall take effect as a part of the 
 Code upon the ado])tion thereof by members of the Association as 
 aljove provided, and the approval thereof by the President, if 
 api)i'ovaI thereof shall be required as aforesaid. 
 
 This Code .shall continue in effect until terminated as hei'einafter 
 provided. It may be terminated at any time by the same action by 
 members of the Association as is above jirovided and recpiired for 
 amenihnent thereof. "When so terminated all obligations and liabili- 
 1 ies under tiie Code shall cease, except any obligations which have 
 accrued under any jirovision of the Code ])rior to such termination 
 date. 
 
UNIVERSITY OF FLORIDA 
 
 3 1262 08855 8498 
 
 Schedule 1 
 
 list of unfair practices 
 
 For the purpose of the Code the following described acts shall constitute 
 unfair practices : 
 
 (a) Sales of the products of the Industry to any distributor, dealer, or 
 consumer of a quality lower than that previously purchased by such consumer 
 without informing such distributor, dealer, or consumer of the difference, or 
 alleged difference, in quality. 
 
 (b) Making or promising to any purchaser or i^rospective purchaser of any 
 product, or to any officer, employee, agent, or representative of any such pur- 
 chaser, or prospective purchaser, any bribe, gratuity, gift or other payment 
 or remuneration, directly or indirectly, or promise of reciprocity purchases. 
 
 (c) Procuring, otherwise than with the consent of any member of the In- 
 dustry, any information concerning the business of such member which is 
 properly regarded by it as a trade secret or confidential within its organiza- 
 tion, other than information relating to a violation of any provision of Code. 
 
 (d) Imitating or simulating any design, style, mark, or brand, used by any 
 other member of the Industry. 
 
 (e) Using or substituting any material superior or inferior in quality to 
 that specified by the purchaser of any product. 
 
 (f) Canceling in whole or in part, or permitting the cancelation in whole 
 or in part, of any contract of sale of any product except for a fair considera- 
 tion, or paying or allowing to any purchaser in connection with the sale of 
 any product any rebate, commission, credit, discount, adjustment, or similar 
 concession other than as is permitted by the Code and specified in the contract 
 of sale. 
 
 (g) Disseminating, publishing, or circulating any false or misleading infor- 
 mation relative to any product or price for any product of any member of the 
 Industry, or the credit standing or ability of any member thereof to perform 
 any work, or manufacture or produce any product, or to the conditions of em- 
 ployment among the employees of any member thereof. 
 
 (h) Inducing or attempting to induce by any means any party to a contract 
 with a member of the Industry to violate such contract. 
 
 (i) Aiding or abetting any person, firm, association, or corporation in any 
 unfair practice. 
 
 (j) Making or giving to any purchaser of any product any guaranty or pro- 
 tection in any form against decline in the market price of such product. 
 
 (k) Giving free samples in excess of one pound of any one grade. 
 
 (1) The practice of shipping products on consignment has resulted in unfair 
 competition. No member of the Industry shall deliver the products thereof on 
 consignment except to an afiiliated company of such member. An affiliated 
 company shall mean a company in which a member of the Industry has a 
 voting control through the record or equitable title of the voting stock thereof, 
 or has control of such company in any other manner. 
 
 (m) The making of false statements or reports, written or oral, required 
 pursuant to any of the provisions of this Code or any resolution duly adopted 
 by the National Association of Curled Hair Manufacturers. 
 
 (n) Selling below cost is an unfair trade practice. 
 
 (6) 
 
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