UNIVERSITY OF FLORina !!!■!■ 3 1262 08483 0164 Registry No. 266—3—01 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE SILK, RAYON, AND SYNTHETIC FABRICS SALES AND DISTRIBUTING INDUSTRY AS SUBMITTED ON AUGUST 31, 1933 The Code for the Silk, Rayon, and Synthetic Fabrics Sales and Distributing Industry in its present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are to be regarded as having received the approval of the National Recovery Administration as applying to this industry UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. -....-.. Price 5 cents Submitted by SILK AND RAYON FABRIC SALESMEN'S ASSOCIATION, INC. (H) PROPOSED CODE OF FAIR COMPETITION FOR THE SILK, RAYON, AND SYNTHETIC FABRICS SALES AND DISTRIB- UTING INDUSTRY Article I — Purposes The purposes of this Code are : 1. To effectuate the policy declared in Title 1 of the National Industrial Recovery Act. 2. To promote the welfare of the salesmen employed in the distri- bution of silk, rayon, and synthetic fabrics. 3. To elevate the standards of honor, integrity, courtesy, and to strengthen the good will between salesmen and their employers. 4. To secure to each salesman a fair opportunity to earn a decent living wage. Article II — Membership and Monopolies The association shall impose no inequitable restrictions on admis- sion to membership therein, and shall truly represent the industry. This code is not designed to promote and will not permit monopo- lies or monopolistic practices. Article III — Definitions The National Industrial Recovery Act shall hereafter be referred to as The Act. The term " salesman " shall mean a person employed in the sell- ing of silk, rayon, and synthetic fabrics. " Employer " and " person " are to include natural persons, part- nerships, associations, corporations, or selling agents engaged in the wholesale distribution of silk, rayon, and synthetic fabrics. " Accounts " shall be interpreted to include all natural persons, partnerships, associations, and corporations to whom an employer lias sold merchandise through a salesman, whether the said account be acquired by said salesman or given to him by his employer. By the term " Salesman's interest " in a salesman's account is meant the exclusive right to receive commission on all transactions of employer with said account for a period of six months from initial sale. " Initial sale " shall be defined as a salesman's first accepted order followed by delivery and acceptance of goods by the customer. Article IV — Minimum Commission Wage No salesman shall be employed unless the minimum wage against commission be $35.00 per week. In the event that the earned com- mission does not exceed the minimum drawing account or the agreed 9723—33 (1) drawing account, then such drawing account shall be considered a salary. Article V — Minimum Commission Salesmen shall receive on all net sales a minimum commission of 2% on dyed and finished products and 1% on grege goods. A sale is deemed to have been made and the services of a salesman to have been fully performed, and his commissions are deemed to have been earned when the goods sold are delivered and accepted by the customer. Incapacity of the customer to pay for goods sold and delivered shall in no case deprive the salesman of his earned commission. Article VI — Method of Accounting A statement showing the amount of business transacted by a sales- man and the accounts with whom such business was done shall be issued by the employer to the salesman on the 10th day of each succeeding month. Duplicate copies of sales and credits are to be furnished to each salesman daily. Article VII — Arbitration The salesmen, desiring to cooperate with recovery because of the emergency declared to exist by the Congress of the United States, and in order that a salesman may be insured a regular and periodic income despite unfair practices resulting in Court litigation with its unavoidable delays and costliness, thereby engendering ill-feeling between employer and salesman, do therefore establish that com- pulsory arbitration for the settlement of all discords be the practice during the period of the emergency. Any and all complaints, differences, controversies, or questions arising under or out of this code or concerning the interpretation or application of any provision thereof shall be submitted to arbitration in accordance with the following provisions : 1. A salesman's complaint in writing is to be filed with the Asso- ciation. 2. The association shall within ten days thereafter file copies of said complaint with the employer and the Silk Association of Amer- ica together with a list of two arbitrators chosen by the association. 3. The Silk Association of America shall within ten days after service of complaint file with the association the employer's answer, together with its list of two arbitrators. Issue shall be joined on receipt of answer by the association. 4. Within ten days after joinder of issue the chosen arbitrators shall select an umpire. 5. Arbitrators so selected shall constitute the Board of Arbitra- tion. 6. Within ten days after selection of the Board of Arbitration, hearings on issues shall commence. 7. Such Board of Arbitration shall render a decision within ten days after case has been finally submitted. 8. An employer may file his complaint with the Silk Association of America and the above methods of arbitration in reverse shall apply. 9. Except as hereinabove provided the rules of the American Arbitration Society shall govern. Article VIII — Salesman's Interest in His Accounts The employer and salesman ennunciate the policy that an account acquired by or given to a salesman shall create a salesman's interest in the salesman with respect to said account for a period of six months. Such interest shall entitle a salesman to commissions on all sales between said account and employer, whether it be con- tracted by said salesman, employer, or any other person. This in- terest shall cease at the end of said six-month period, or upon the termination of the relationship of employer and salesman in accord- ance with the first three subdivisions of the succeeding article. Article IX — Termination or Relationship The relationship between the salesman and employer may be ter- minated in the following ways only: 1. By mutual consent in writing. 2. By decision of a Board of Arbitration. 3. By terms of a written contract. 4. Should contract in writing fail to provide for termination, or in the absence of a written contract, on the expiration of thirty days after written notice by the employer to the salesman by regis- tered mail. Article X — Enforcement Salesmen may form associations, adopt rules and regulations, set up organs for the enforcement of this code and for the prosecution of violations thereof. Article XI — Effective date This code shall become effective on the tenth day after it has been approved by the President, of the United States. This code is submitted in behalf of the Silk and Rayon Fabric Salesmen's Association, Inc. Respectfully submitted. Max Levinson, Esq., Attorney for Association, Office <& P. O. Address, 521 Fifth Avenue, Borough of Manhattan, City of New York. o Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/proposedcodeoffa0164unit