UNIVERSITY OF FLORIDA 3 1262 08483 0081 Registry No. 250—1—02 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE MANUFACTURERS OF MEN'S AND BOYS' PAJAMAS AND NIGHTSHIRTS INDUSTRY AS SUBMITTED ON AUGUST 31, 1933 UNIV. C U.S. [ TOrlY The Code for the Manufacturers of Men's and Boys' Pajamas and Nightshirts 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 THE NATIONAL PAJAMA MANUFACTURERS COUNCIL, INC. (ID PROPOSED CODE SUBMITTED BY NATIONAL PAJAMA MANUFACTURERS COUNCIL, INC., CONSISTING OF MAN- UFACTURERS OF MEN'S AND BOYS' PAJAMAS AND NIGHTSHIRTS CODE OF FAIR COMPETITION 1, Purpose. — To effectuate the policy of title I of the National In- dustrial Recovery Act, during the period of the emergency, by re- ducing and relieving unemployment, improving the standards of labor, eliminating competitive practices destructive of the interests of the public, employees, and employers, relieving the disastrous effects of over-capacity, and otherwise rehabilitating the Men's Nightshirt, Pa jama, and Sleeping Wear Industry, and by increasing the consumption of industrial and agricultural products by increasing purchasing power, and in other respects, the following provisions are established as a code of fair competition of said industry : 2. Definitions. — The term " National Pa jama Manufacturers Coun- cil ", as used herein, is defined to mean the association of the manu- facturers of men's and boys' pajamas, nightshirts, and sleeping gar- ments, whether constructed of cotton, silk, or rayon fabrics, located in the United States, and if legal, all the insular possessions of the United States. The term " Employees ", as used herein, shall include all persons employed in the conduct of the manufacture of men's and boys' pajamas, nightshirts, and other sleeping garments. The term " Employer ", as used herein, shall include every person, whether individual, partnership, association, or corporation engaged in the production of men's and boys' nightshirts, pajamas, or other sleeping garments. The term " Effective Date " as used herein is designated to be, or if the code shall not have been approved by the President prior there- to, then on the second Monday after such approval. The term " Productive Machinery " as used herein is defined to mean all types of sewing machines. The term " Persons " shall include individuals, partnerships, as- sociations, or corporations. The term " Cutting Department " as used herein is defined to mean all of the Employees engaged in the sorting of, spreading and cutting of cloth, and the preparation of the work for the sewing* department. The term " Sewing Department " as used herein is defined to mean all Employees engaged in the sewing^ of the garments and operating the machines above described as " Productive Machinery." The term " Learners " as used herein shall be defined to mean persons with less than eight weeks of experience in the process on which he or she is employed. 9967—33 (1) 3. Minimum wage. — On and after the Effective Date, the min- imum wage that shall be paid b} ? the Employers in the National Pa jama Manufacturers Council to any of their employees, shall be at the rate of $12 per week for forty hours of labor in the Southern section of the United States, and $13 for forty hours of labor in the Northern section of the United States, except — a. Learners during eight weeks of apprenticeship. b. Operators of Sewing Machines, partially incapacitated by age or infirmity who otherwise would be thrown out of work and possibly become destitute and a public charge, providing such operators are paid not less than other operators doing the same kind of work in the same factory in proportion to the amount of work they may produce to other laborers of the same class and type; such incapac- itated or infirm Employees not to exceed eight percent of the total number employed. c. Cleaners and outside crew,s. 4. On and after the Effective Date the Employers of the National Pa jama Manufacturers Council shall not operate on a schedule of hours of labor for their Employees excepting repairers, engineers, machinists, shipping, watchmen, office and supervisory staff, cleaners, and outside crews, in excess of 2,080 hours per year, providing, how- ever, that no Employee or Productive Machinery may be operated over 44 hours in any one week. The purpose of this provision is to allow for the seasonal or peak loads which prevail at certain seasons in the industry. On and after the Effective Date, Employees in the Cutting De- partment may not work over 40 hours per week, but the Employers may operate two shifts, not exceeding 40 hours per week for each. On and after the Effective Date, working hours for office Em- ployees shall be an average of not more than 40 hours per week over each period of six months. The amount of difference existing prior to Effective Date between the wage rates paid various classes of Employees (receiving more than the established minimum wage) shall not be decreased — in no event shall any Employer pay an Employee a wage rate which will yield a less wage for a workweek of forty hours than such Employee was receiving for the same class of work for the longer week pre- vailing prior to the Effective Date. 5. Minors. — On and after the Effective Date, Employers in the National Pa jama Manufacturers Council shall not employ any per- son under the age of sixteen years. 6. Standing committee. — With a view to keeping the President informed as to the observance or nonobservance of this code of fair competition, and as to whether the National Pajama Manufacturers Council is taking appropriate steps to effectuate the declared policy of the National Industrial Recovery Act, a committee of the Na- tional Pajama Manufacturers Council shall be formed to coordinate with the administrator of the National Industrial Recovery Act, to make such further recommendations and changes as may be neces- sary and expedient from time to time; with particular reference to: a. Wages and hours of labor, and/or, Productive Machinery. b. To comply and to coordinate with the administrator in order to secure reports from persons engaged in the men's and boys' pa- jama, nightshirt, and sleeping-wear industry, the securing, filing >-~5 and tabulating of statistical information; the keeping of uniform accounts as may be required to secure uniform costs; and to secure the proper observance of the code and to promote the proper balanc- ing of production and consumption and stabilization of the industry and employment. c. To make recommendations in, or exemptions from, the provision of this code as to the working hours or Productive Machinery which will tend to preserve the balance of production activity with con- sumption requirements, so that the interests of the industry may be properly served. d. To compile recommendations : — 1. For the requirement of the administrator of registration by persons engaged in the men's and boys' pajama, nightshirt, and sleeping-wear industry, on their productive machinery. 2. For the requirement by the administrator that prior to the in- stallation of additional " Productive Machinery " by persons now engaged or intending to engage in the men's and boys' pajama. night- shirt, and sleeping- wear industry; except for the replacements of a similar number of machines, or to bring the operation of existing Productive Machinery into balance ; such persons shall secure certifi- cates that such installation will be consistent, with effectuating the policy of the National Industrial Recovery Act, during the period of the emergency. 3. For the granting or withholding by the administrator of such certificates if so required by him. 4. To recommend the regulation of the disposal of distress mer- chandise in a way to secure protection of the other members of the industry and to promote a sound and staple condition in the industry. e. Such committee is also to cooperate with the administrator in making investigations as to the functioning and observance of any ,i the provisions of this code at its own instance or a complaint jy any person affected and to report same to the administrator. f. Such committee shall also have the authority to investigate and inform the administrator, on behalf of the National Pajama Manu- facturers Council, as to the importation of competitive merchandise into the United States in substantial quantities or increasing ratio to domestic production, on such terms and under such conditions as to render ineffective or seriously endanger the maintenance of this code and as an agency for making complaint to the President on behalf of the National Pajama Manufacturers Council under the provisions of the National Industrial Recovery Act. g. The secretary of the council (or other disinterested person des- ignated for the purpose by the Board of Directors) may of his own motion or upon complaint of any person claiming to be aggrieved, investigate any alleged infraction of any provision of this code, and the parties concerned shall render him such assistance as he may require. If the secretary (or other person designated as above) shall find that a grievance exists which is detrimental to the industry, it shall be his duty to make a written report of all the facts and furnish certified copies thereof, together with his conclu- sions, to such committee for appropriate action. If within reason- able time after receiving complaint of infraction the secretary shall not have taken appropriate action, any member or other aggrieved person may, in writing, complain thereof to the proper governmental official and to the committee; and if, after due hearing, the com- mittee shall determine that the secretary has been remiss in his duties herein, he shall thereupon be removed from his office. 7. Adjustment of prices on prior contracts. — Where the cost of executing contracts entered into by members of the National Pa jama Manufacturers* Council prior to the presentation to Congress of the National Industrial Recovery Act are increased by the application of the provisions of that Act, it is equitable and promotive of the purposes of the Act that appropriate adjustments of such contracts be made to reflect such increased costs to be arrived at by arbitral proceedings or otherwise, and the National Pajama Manufacturers Council, the applicant for this code, is constituted an agency to assist in affecting such adjustments. 8. Right of collective bargaining. — Employers in the National Pajama Manufacturers Council shall comply with the requirements of the National Industrial Recovery Act, as follows : a. 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 purpose of collective bargaining or other mutual aid or protection ; b. That 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; and c. That Employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 9. Unfair practices. — It shall be considered as unfair practices and no member of the association shall be allowed to : a. Sell goods at less than the cost of production, plus a reasonable profit, i.e. cost of materials, plus the cost of labor, plus full propor- tion of actual operating and selling overhead. b. Nothing in the foregoing section shall be construed to prevent the sale of bonafide seconds, broken lots, discontinued patterns or number, under appropriate rules to be prescribed by a committee selected for that purpose. c. Guarantee customers against price declines. All confirmations covering sales shall be final. d. Affix fictitious or unreasonable resale prices. e. Sell on consignment or deliver goods upon an understanding in any form that customer may return all or any part of the goods if unsold by him. f. Accept the return of goods for any reason other than manifest clerical or delivery error, or fault of merchandise. g. Misrepresent material, quality, dimensions, standards of manu- facture, in any manner whatsoever, whether by statement or mark or by the omission of either. This shall be construed to include the sale of pajamas over minimum standards which may be approved and promulgated by the Bureau of Standards of the Department of Commerce and not in accordance therewith, except under such regu- lations as may be prescribed to prevent the misleading of consumers. h. Use of terms " fast color ", " unshrinkable ", " imported ", or u custom-made " in any form calculated to mislead either the retailer or the public. i. Piracy of design or model. j. Give any rebate, bonus, excess discount, or other unusual allow- ance, unless such rebate, bonus, excess discount, or other unusual allowance be allowed alike to all customers of a like class. k. Manufacture or cause to be manufactured any garments in any penal or corrective institution or asylum, or in outside or home finish- ing shops, in whole or in part. This is not to be construed to mean that contractors may not be employed, provided they conform to the minimum wage scule and maximum number of hours prescribed in this code. 1. Grant longer or greater terms in any case than 3/10 E.O.M. or 2/10/60 X ; deliveries made after the 25th to be dated as 1st of fol- lowing month. Closer or lesser terms than the above shall not be prohibited. m. Make allowances of free goods in exchange for volume of busi- ness or in any other manner to circumvent the purpose of this code. n. Accept the return of any old stock once delivered to customers in exchange for new stock. o. Prepay any freight or allow any charges. In other words, all merchandise must be priced f.o.b. factory; or if shipped from a branch warehouse or shipping depot, the cost of freight from mill to shipping point must be added to price. 10. Supplementary provisions or additional codes. — Such of the provisions of this code as are not required to be included therein by the National Industrial Recovery Act, may, with the approval of the President, be modified or eliminated as changes in circumstances or experience may indicate. It is contemplated that, from time to time, supplementary provisions to this code or additional codes may be submitted for the approval of the President to prevent unfair and destructive competitive practices and to effectuate the other purposes and policies of Title I of the National Industrial Recovery Act, con- sistent with the provisions hereof. o