v^ Registry No. 1735—04 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE LINEN SUPPLY INDUSTRY AS SUBMITTED ON AUGUST 29, 1933 WE DO OUR PART UNIV. OF FL L^K. U.S. DEF^C*^TO!^y The Code for the Linen Supply 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 LINEN SUPPLY ASSOCIATION OF AMERICA (11) CODE OF FAIR COMPETITION FOR THE LINEN SUPPLY INDUSTRY Article I — Authority and Purpose of Code Section 1. This code is adopted pursuant to Title I of the National Industrial Recovery Act. Sec. 2. The purpose of the code is to effectuate the policy of Title I of the National Industrial Recovery Act insofar as it is applicable to the linen supply industry. Article II — Definitions Section 1. The term " the industry " as used in this code shall be deemed to refer to and to mean the linen supply industrj^ through- out the United tSates of America. Sec. 2. The term " the linen supply industry " is defined to mean the business of supplying or renting clean laundered articles, the property of the supplier, in a regular service of exchanging, periodi- cally, clean articles for soiled for a fixed compensation for each clean article delivered or for each period of service. It does not include any allied industries such as the laundry industry, the dry-cleansing industry, or the manufacturing industry. The processes and opera- tions of the linen supply industry limited as aforesaid excludes any of the processes and operations in laundering, dry cleansing, or manufacturing. Sec. 3. Persons engaged in the linen supply industry as herein- above defined may also be engaged in the laundry industry, dry- oleansing industry, manufacturing industry, and/or other allied industries. The provisions of this code shall apply to and affect only that part of the business of such person which is included in the linen supply industry as hereinabove defined. Sec. 4 (a). The term "member of the industry" and the term " person engaged in the industry " is defined to mean and to include any and every person, firm, association, or corporation operating any business within the definition of the term " the industry " herein- above set forth. (b) The term " employer " as used herein shall include every per- son actively engaged in any business included in the linen supply industry as hereinabove defined. (c) The term " employee " means only a person employed in the conduct of any business falling within the definition of the linen supply industry liereinabove set forth. Sec. 5. The term " effective date of the code " as used herein is defined to be the tenth day after this code shall haye been approved by the President of the United States. 9152—33 (1) Article III — Conditions of the Code as Required by Section 7-A OF Title I of the National Industrial Recovery Act Section 1. Employees shall have the right to organize and bargain collectively through representatives of their own choosing and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self -organization or in any other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Sec. 2. No employee and no one seeking employment shall be re- quired 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. Sec. 3. Employers shall comply with the maximum hours of labor^ minimum rates of pay, and other conditions of employment approved or prescribed by the President. Article IV — Child Labor Section 1. On and after the effective date of this code, no mem- ber of the industry shall employ in or about his business any person under the age of sixteen years, except that persons between fourteen and sixteen years of age may be employed for not to exceed three hours per day, provided that such hours of emplojnnent shall be between 7 A.M. and 7 P.M., and provided further that such hours of employment will not interfere with hours of day school. Sec. 2. Provided, however, that where a State law provides a higher minimum age, no person below the age specified by such State law shall be employed within that State. Article V — Minimum Wages Section 1. Regional wage differentials have existed in the industry as well as in all other industries due to differences in living costs and other economic conditions. The units in the industry in different localities have developed under such differences in wages. A survey of the matters bearing on such differences in various sections of the Nation, for the purpose of establishing a minimum wage in the indus- try under this code, has been made, and regional wage districts have been established as hereinafter specified. Sec. 2. On and after the effective date the minimum wages that shall be paid by any employer to any employee in the classifications hereinafter set forth shall be as follows: General Minivium Wage Per Hour I. North Atlantic District __ 350 TV. Mid-Western District. 321/2^ New Eng^land States. Iowa. New York. Missouri. New Jerse3\ Arkansas. Pennsylvania. North Dakota. Delaware. South Dakota. Maryland. , Nebraska. District of Columbia. Kansas. II. North Central District 350 Oklahoma. Illinois. Texas. Ohio. Montana. Indiana. Wyoming. Minnesota. Colorado. AVisconsin. New Mexico. Michigan. Idaho. III. South Eastern District. 300 Utah. Virginia. Arizona. West Virginia. Nevada. Kentucky. V. Western District 350 Tennessee. California. North Carolina. Washington. South Carolina. Oregon. Georgia. Florida. Alabama. Mississippi. Louisiana. Sec. 3. Where a member of the industry whose place of business is located in one of the districts enumerated in Section 2 of this Article, but whose trade shall extend into another district men- tioned in said Section 2, then the minimum wages that shall be paid to the employees of such member shall be governed by the higher of the minimum wage scales therein set for the said respective districts, anything to the contrary therein contained notwithstanding. Sec. 4. Provided, however, that where a State law provides a higher minimum wage, than is provided in this Code, no person em- ployed within that State shall be paid a wage below that required by such State law. Article VI — Maximum Hours Section 1. On and after the effective date, no productive labor or office employees shall be required or permitted to work more than 45 hours in any one week, except watchmen, janitors, maintenance employees, and those engaged exclusively in an executive capacity. No watchmen, janitors, or maintenance employees shall be required or permitted to work more than 50 hours in any one week. Sec. 2. The term " productive labor ", as used herein, is defined to include (1) any inside employee, and (2) any owner or manager or member of the family thereof engaged in inside labor, unless engaged exclusively in an executive capacity. The term " office em- ployees ", as used herein, is defined to include all clerical, accountings and service employees working in the office of any member of the industry. Article VII — Administrative Agency — Records to be Kept and Reports to be Made Section 1. (a) The Linen Supply Association of America is hereby constituted the agency iolc administering, supervising, and promoting the performance of the provisions of this code by members of the industry. (b) Regional aggregations of employers having a common interest and common problems shall be grouped by the Linen Supply Associa- tion of America for administrative purposes in various classifications or subdivisions. In each classification and in each regional subdi- vision there shall be a supervisory agency designated by the Linen Supply Association of America, If a formal complaint is made to the Linen Supply Association of America that the provisions of this code have been violated by any member of the industry the proper supervisory agency shall investigate the facts and to that end may cause such investigation, examination, or audit to be made as may be deemed necessary. Sec. 2. After the effective date, each and every person engaged in the linen supply industry shall keep true, accurate, and complete books and records of account in his business and shall furnish there- from reports as hereinafter provided. Sec. 3. The reports referred to in Section 2 of this Article shall be in such form and shall be fm-nished at such intervals as shall be prescribed by the Linen Supply Association of America and shall contain such information relevant to the purposes of this code as. shall be prescribed by the said Association from time to time, includ- ing information with respect to the following or related subjects : 1. Employment, hours, wages, and wage rates. 2. Cost data. Sec. 4. The Linen Supply Association of America may require that the reports aforementioned and all information therein contained be sworn to or otherwise certified or authenticated as it shall pre- scribe. The said Association shall have the right from time to time to designate certified public accountants to examine the books and records of any member of the industry for the purpose of verifying the information contained in the reports furnished by such member. Sec. 3. Wherever in this Article the Linen Supply Association of America is authorized to do any act or to receive any report, sui h authority shall extend to the subsidiary supervisory agencies to be designated by the Linen Supply Association of America. Article VIII — Uniform Cost Accounting Section 1. The Linen Supply Association of America shall im- mediately following the approval of this code by the President of the United States adopt and ])ublish a uniform and standard method of cost accounting and each member of the industry sliall use the said uniform and stancUird method of cost accounting with such varia- tions therefrom as may be required by the individual conditions affecting any employer or group of employers and as may be ap- proved by the Linen Supply Association of America or the sub- sidiary supervisory agency, and no member of the industry in com- puting his costs shall exclude any item of cost included in such uni- form accounting system nor include any item of cost not included in such uniform accounting system. Article IX — Unfair Trade Practices Section 1. Inducements^ rehates^ and special consideration. — No member of the industry shall give or offer to give to any customer or prospective customer any inducements for the purchase by such €ustomer of such member's service other than the service itself. To that end no member shall give or offer to such customer or pro- spective customer any cash considerations, free service, fixtures, signs, or other tangible property, nor shall such member make or offer to make any loans or capital investments for the purpose of inducing such customer or prospective customer to give his patronage to such member. The foregoing shall not be deemed or be construed to pre- vent any member from furnishing cabinets, laundry baskets, or any other articles which are recognized in the trade as a part of or an appurtenance to the service rendered. Sec. 2. No member shall render to any customer or prospective customer any service unless fair compensation for such service shall be paid by such customer. Sec. 3. Racketeering . — (a) A great evil existing in certain terri- tories has been the activity of certain individuals vs^ho threaten to deprive members of the industry of customers long served by thern unless cash considerations are paid directly or indirectly to such individuals or to groups or associations which they claim to repre- sent. The influence of such individuals over such customers arises out of threats, coercion, and intimidation exercised by such in- dividuals. Compliance with such demands has only strengthened the individuals in their coercive methods both on supplier and on cus- tomer. In order to defeat this growing practice, it is hereby pro- vided that no member of the industry shall give or offer to give to any such individuals or to any group or association of customers Avhom such individuals claim to represent, directly or indirectly, any cash payments or other property for the purpose of inducing the continuance of patronage. (b) No member of the industry shall use any means, directly or indirectly, to intimidate or coerce any prospective customer to accept service from such member. Sec. 4. No member shall make or promise to make to any customer or prospective customer, or to any officer, employee, agent, or rep- resentative of any such customer or prospective customer, any bribe, gratuity, or gift, directly or indirectly. Sec. 5. No member shall induce or attempt to induce, by any means, any customer who is a party to a contract with another member, to violate such contract. Sec. 6. No member of the industry shall entice any employee from another member of the industry nor make any inducements to such employee to leave the employ of a member of the industry. Nothing herein contained shall be deemed to prevent an employee from chang- UNIVERSITY OF FLORIDA 6 3 1262 08582 9082 ing his employment of his own volition and without special entice- ment or inducement of a member of the industry seeking such em- ployee. Nothing contained in this section, however, shall be deemed to authorize any employee to breach any contract under which he may be employed. Article X — General Provisions Section 1. The President may from time to time cancel or modify any order, approval, license, rule, or regulation issued under Title I of the National Industrial Recovery Act. Sec. 2. Such of the provisions of this code as are not required by the National Industrial Recovery Act to be included herein may with the approval of the President of the United States be modified or eliminated as changed circumstances or experiences may indicate. This code is intended to be a basic code and study of the trade practices of the linen-supply industry will be continued by the Linen Supply Association of America and its subsidiary agencies with the intention of submitting from time to time additional and amendments to this code applicable to all members of the industry and supplemental codes applicable to one or more branches or sub- divisions or service classifications of the industry. Sec. 3. Partial invalidity. — If any provision of this code is de- clared invalid or unenforcible the remaining provisions thereof shall nevertheless continue in full force and effect in the same manner as if they had been presented for approval and approved by the Presi- dent of the United States. o