Approved Code No. 60 — Supplement No. 2 Registry No. 911—1—14 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE RETAIL CUSTOM FUR MANUFACTURING TRADE (A Division of the Retail Trade) AS APPROVED ON SEPTEMBER 25, 1934 \VB DO O'JR PART UNIV. OF FL LIS. DaSUIfeENTS Pill, „ DO U.S. DEPOSITOR UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 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 Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga. : 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y. : Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. Chicago, 111. : Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. 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Approved Code No. 60 — Supplement No. 2 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE RETAIL CUSTOM FUR MANUFACTURING TRADE As Approved on September 25, 1934 ORDER Approving Supplementary Code of Fair Competition for the Retail Custom Fur Manufacturing Trade A division of the retail trade SCHEDULE C An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a Schedule " C " for the Retail Custom Fur Manufacturing Trade to the Code of Fair Competition for the Retail Trade, and hearings having been duly held thereon ; an opportunity to be heard having been afforded all members of said Trade and any objections filed having been diily considered, and the annexed report on said Schedule " C ", contain- ing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, 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 other wise; do hereby incorporate by reference said annexed report and do find that said Schedule " C " complies in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said. Act ; and do hereby order that said Schedule " C " be and it is hereby approved, subject however, to the following conditions : (1) The use of labels, provided in Article V, is hereby stayed except on newly manufactured garments sold directly to the customer. Hugh S. Johnson, Administrator for Industrial Recovery. Approval recommended : Robert L. Houston, Division A dministrator. Washington, D.C., September 25, 1934. 87673° 1181-93—34 (1) REPORT TO THE PRESIDENT The President, The White House. Sir: This is a report of the Hearing on the Supplemental Code of Fair Competition for the Retail Custom Fur Manufacturing Trade conducted in the Carlton Room of the Carlton Hotel on Fri- day, December 15, 1933. This report also covers a Notice of Oppor- tunity to be Heard in objection to this Code prior to Tuesday, July 31, 1934. The Supplemental Code which is attached was presented by a duly qualified and authorized representative of the Trade complying with the statutory requirements. THE TRADE The Division of Research and Planning in its report has quoted various estimates that this Trade has from two to five thousand firms. Due to the overlappings between this Trade and other Trades and due to the small size of many of the firms contained in it, it has been impossible to obtain an accurate estimate of the actual number of firms and the number of employees engaged in it. The members of this Trade are scattered all over the country in large cities and in small, roughly proportional to the population of the various towns. However, there are probably more fur firms per capita in the northern half of the country than in the southern, due to the greater demand for furs in cooler climates. This Trade is highly seasonal in nature due to the seasonal de- mand for fur garments. However, the opportunity to sell repairs on fur garments and storage service mitigates the intense seasonal variations in employment commonly experienced by the Fur Manu- facturing industry. While the employees in the Fur Manufacturing Industry and in this Trade find interchangeable opportunities for work in several of the large metropolitan centers, most of the employees working in this Trade operate in a very different manner than those of the Fur Manufacturing Industry with the result that the product per man-hour of employment in this Trade is less than in the organized centers of the Fur Manufacturing Industry. SPECIAL LABOR COMMISSION From the day of the public hearing on this Code bitter contro- versy has been waged between various interests regarding the appro- priate labor provisions for this Trade. No compromise has ever been reached among the various groups of interests who attempted to draft a set of labor provisions. During the proceedings it became obvious that a scientific survey ought to be substituted for the heated assertions of the various groups. Therefore, it is provided in Ar- (2) tide III, Section 1 that an impartial agency shall study the actual conditions in this Trade and report to the Administrator such facts and views as will help him in determining an equitable set of labor provisions for this Trade. Until such labor provisions are approved by the Administrator, the labor provisions of the Code of Fair Com- petition for the Retail Trade will apply. ADMINISTRATION The close relationship between the problems of this Trade and the remainder of the Fur Industries makes it essential that a National Code Authority exist to represent the Custom Furriers in the solu- tion of the common difficulties which beset the Fur Industries. However, the widely scattered nature of the individual units in this Trade makes the probable cost of local administration seem rather high. Therefore, the Code provides for national administration through a Code Authority for this Trade and local administration through the Local Code Authorities provided under the Code of Fair Competition for the Retail Trade. LABELS In accordance with the procedure adopted among the other Fur Industries for securing better compliance, this Trade has provided for the use of an N.R.A. label. Due to certain objections in the Trade which cannot at the present time be adjusted, it has been deemed advisable to limit the use of N.R.A. labels to custom garments newly made for the consumer pending a determination at some future date. FINDINGS The Deputy Administrator in his final report to me on said Sup- plemental code having found as herein set forth and on the basis of all the proceedings in this matter; I find that : (a) Said Supplemental Code is well designed to promote the policies and purposes 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 organ- ization of industry for the purpose of cooperative action among trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanction and super- vision, by eliminating unfair competitive practices, by promoting the fullest possible use of the present productive capacity of indus- tries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of indus- trial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Trade normally employs not more than 50,000 employees and it is not classified by me as a major industry. (c) The Supplemental Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7 and Subsection (b) of Section 10 thereof; and that the applicant association is a trade association truly representative of the aforesaid Trade; and that said association imposes no inequi- table restrictions on admission to membership therein. (d) The Supplemental Code is not designed to and will not per- mit monopolies or monopolistic practices. (e) The Supplemental Code is not designed to and will not elimi- nate 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 the approval of this Supplemental Code. For these reasons, this Supplemental Code has been approved. Respectfully, Hugh S. Johnson, A dminis trato r. September 25, 1934. SUPPLEMENTAEY CODE OF FAIR COMPETITION FOR THE RETAIL CUSTOM FUR MANUFACTURING TRADE A DIVISION OF THE RETAIL TRADE SCHEDULE C Article I — Purposes To effectuate the policies of Title I of the National Industrial Recovery Act, this Supplemental Code is established as a Code of Fair Competition for the Retail Custom Fur Manufacturing Trade pursuant to Article XI, Section 6, of the General Code of Fair Competition for the Retail Trade, approved on October 21, 1933. All provisions of the said General Code which are not in conflict with the provisions of this Supplemental Code are hereby incorporated by reference in this Supplemental Code and made a part hereof. Such provisions of the General Code together with the supplementing provisions of this Code, are the standards of fair competition for and are binding upon every member of said Trade. Article II — Definitions (Supplementing Article II of the General Code) Section 1. Trade. — The term " Trade " as used herein, shall mean (1) the servicing, cleaning, storing, acceptance for cleaning or stor- ing, repairing, altering and remodeling of fur articles directly for the consumer; (2) the manufacturing of fur articles to the order and/or special measure of the consumer. Section 2. Fw Articles. — The term " fur articles " as used herein, shall mean fur coats, fur scarfs, fur trimmings and kindred articles of wearing apparel made from furs and skins. Section 3. Employees. — The term " employee " as used herein, shall include any and all persons engaged in the Trade, however compensated, except a member of the Trade. Section 4. Employer. — The term " employer " as used herein, shall mean anyone by whom such employee is compensated or employed. Section 5. Member of the Trade. — The term " member of the Trade " as used herein, shall mean, but without limitation, any indi- vidual, partnership, association, corporation or other form of enter- prise engaged in the Trade as above defined, either as an employer or on his own or its own behalf. Section 6. Act and Administrator. — The terms "Act" and "Ad- ministrator " as used herein, shall mean, respectively, Title I of the National Industrial Recovery Act, and the Administrator for Indus- trial Recovery. (5) Section 7. New York Metropolitan Area. — The term "New York Metropolitan Area " as used herein, shall be denned in accordance with the usage of the Bureau of the Census. Section 8. General Code. — The term " General Code " as used herein, is defined to mean the Code of Fair Competition for the Retail Trade. Article III — Labor Provisions (Supplementing Articles IV, V, VI of the General Code) Section 7. New York Metropolitan Area. — The term " New York Section 7 of the Code of Fair Competition for the Fur Manufactur- ing Industry or such other agency as the Administrator may desig- nate, shall study labor conditions in the Trade and report not later than thirty (30) days after the effective date of this Supplemental Code, to the Administrator a schedule of recommended labor pro- visions for this Supplemental Code. Section 2. Until such labor provisions are approved by the Ad- ministrator, the labor provisions of the General Code shall apply. Article IV — Administration (Supplementing Article X of the General Code) Section 1. Local Retail Code Authority. — The Retail Custom Fur Manufacturing Trade is herebv designated a Division of the Retail Trade and may be represented as hereinafter specified on all Local Retail Code Authorities. Except as hereinafter expressly provided, the administration of the General Code and of this Supplemental Code shall be as provided in Article X of the General Code. Section 2. National Code Authority. — There is hereby created a National Code Authority for the Retail Custom Fur Manufacturing Trade, consisting of twelve (12) members, four (4) of whom shall be elected by the Members of the Trade located West of the 88th meridian West longitude, four (4) of whom shall be elected by the Members of the Trade located East of the 88th meridian West longi- tude, excepting the New York Metropolitan Area, and four (4) of whom shall be elected by the Members of the Trade located in the New York Metropolitan Area. The election of the twelve (12) members shall be in accordance with a plan to be approved by the Administrator. Section 3. Administration Member. — In addition to memberships as above provided, there may be not more than three (3) members without vote, to be known as Administration Members, to be ap- pointed by the Administrator to serve for such terms as he may specify. Section 4. Representation on Local Retail Code Authority. — (a) The National Code Authority for the Retail Custom Fur Manu- facturing Trade may, subject to the approval of the Administrator, provide for the appointment of not more than two (2) additional members, as representatives of the Trade, on any Local Retail Code Authority for the purpose of assisting in the administration of this Supplemental Code and of the General Code. (b) Provided, however, that upon application from the National Code Authority for the Retail Custom Fur Manufacturing Trade advising the Administrator that separate Local Code Authorities for the Trade are necessary to secure the effective administration of this Supplemental Code in metropolitan areas, the Administrator may authorize the formation of such Local Code Authorities at any time after the effective date of this Supplemental Code. Such separate Local Code Authorities shall assist in the Administration of the General Code and of this Supplemental Code in such areas as may be placed within their jurisdiction. Section 5. Expenses. — The expenses necessary for agencies estab- lished pursuant to Article X of the Code of Fair Competition for the Retail Trade and pursuant to this Article insofar as borne by the Trade, shall be equitably assessed in accordance with the plan to be devised by the National Code Authority for the Retail Cus- tom Fur Manufacturing Trade in consultation with the National Retail Code Authority, Inc., and subject to the approval of the Administrator. Section 6. The National Code Authority for the Retail Custom Fur Manufacturing Trade herein created shall have all powers nec- essary to assist the Administrator in administering the provisions of this Schedule. Section 7. In order that the Supplementary Code Authority shall at all times be truly representative of this Trade and in other re- spects 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 Supplementary Code Authority is not truly representative or does not in other respects comply with the pro- visions of the Act, may require an appropriate modification of the Supplementary Code Authority. Section 8. If the Administrator shall at any time 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 considera- tion by such Code Authority or agency pending final action which shall not be effective unless the Administrator approves or unless he fails to disapprove after thirty (30) days' notice to him of intention to proceed with such action in its original or modified form. Section 9. The National Code Authority for the Retail Custom Fur Manufacturing Trade shall have the power to assent for the Trade to all modifications and amendments proposed to this Code. Article V — N.R.A. Labels Section 1. All fur articles cleaned, stored, repaired, altered, serviced, or accepted for any of the aforesaid purposes, or manu- factured or distributed, subject to the provisions of this Code, shall bear an N.R.A. label to symbolize to purchasers of said fur articles that the same are supervised and provided for under the Code of Fair Competition for the Retail Custom Fur Manufacturing Trade. Under the powers vested in the Administrator by Executive Order of October 14, 1933, and under grant of the necessary authority by 8 him, the Code Authority shall have the exclusive right in this Trade to issue and furnish said labels to the members thereof. Any and all employers may apply to the Code Authority for a permit to use such N.R.A. label, which permit to use the label shall be granted to them, but only if and so long as they comply with this Supplemental Code. The Code Authority, subject to approval by the Adminis- trator, shall establish rules and regulations and appropriate machin- ery for the issuance of labels and the inspection, examination and supervision of the practices of employers using such labels in ob- serving the provisions of this Supplemental Code for the purpose of ascertaining the right of said employers to the continued use of said labels; of protecting purchasers in relying on said labels; of insuring to each individual employer that the symbolism of said label will be maintained by virtue of compliance with the practices herein contained by all other employers using said label. Section 2. The charge made for such labels by the Code Authority shall at all times be subject to supervision and orders of the Admin- istrator and shall be not more than an amount necessary to cover the actual reasonable cost thereof, including actual printing, dis- tribution, and administration and supervision of the use thereof as hereinabove set forth. Article VI — Trade Practice Rules (Supplementing Articles VIII and IX of the General Code) Section 1. No member of the Trade shall withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. The trade name of any skin when it is not descriptive and not qualified by the true name of the skin, shall be deemed inaccurate in a material particular. Section 2. No member of the Trade shall brand or mark or pack any goods in any manner which is intended to or does deceive or mis- lead purchasers with respect to the brand, grade, quality, quantity, origin, size, substance, character, nature, finish, material content or preparation of such goods. Section 3. No member of the Trade shall publish advertising which refers inaccurately in any material particular to any com- petitor or his merchandise, prices, values, credit terms, policies or services. Section 4. No member of the Trade shall publish or circulate unjustified or unwarranted threats of legal proceedings which tend to harass or have the effect of harassing competitors or intimidating their customers. Section 5. No member of the Trade shall give, permit to be given, or directly offer to give anything of value for the purpose of in- fluencing or rewarding the action of any empktyee, agent, or repre- sentative of another in relation to the business of the employer of such employee, the principal of such agent, or the represented party without the knowledge of such employer, principal or party. This provision shall not be construed to prohibit free and general distri- bution of articles commonly used for advertising except so far as such articles are actually used for commercial bribery as hereinabove defined. Section 6. No member of the Trade shall attempt to induce the breach of an existing contract between a competitor and his customer or source of supply; nor shall any member of the Trade interfere with or obstruct the performance of such contractual duties or services. Section 7. Each and every fur article cleaned by the solid or saw- dust method, commonly known as the furrier's method, shall have attached thereto, on a button, loop, or buttonhole, or in some other conspicuous place, a tag containing the statement, conspicuously printed, which shall indicate that the said fur article has been cleaned in such manner. The size of the tag and language to be employed for the aforesaid purpose, shall be regulated by the Code Authority. Article VII — Modification This Code and all the provisions thereof are expressly made sub- ject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the Act, from time to time to cancel or modify any order, approval, license, rule, or regulation issued under Title I of said Act. Article VIII — Effective Date This Supplemental Code shall become effective ten (10) days after date of approval. Approved Code No. 60 — Supplement No. 2. Registry No. 911-1-14. O UNIVERSITY OF FLORIDA 3 1262 08851 7742