— — A rqve d C ode No . 408 R t 1 1 pp egis ry No . 277 0

NATIONAL RECOVERY ADMINISTRATION

C ODE OF FAI R COMPETITI ON

FOR THE

UNDERGARMENT AND NEGLI GEE INDUSTRY

AS APPR OVED ON APRI L 27 , 1 934

' WE DO OUR PAR$I

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UNITED STATES GOVERNMENT P RINTING OFFICE

WASHINGTON : 1 934 u blication for b S f m T o D o s m his p is sale y the up erintendent cu ent , Govern ent

C . b P W o D . o of rinting Office , ashingt n , , and y district ffices the Bureau of Foreign n mm m. a d Do estic Co erce

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$ . $ 408 Lo v . uis ille , y Federal Building 22 M mT . : 9 . e phis, enn Federal Building n 21 M o M : 3 . inneap lis , in Federal Building 22 - m o m5 A New R o o o . Orleans , , Cust h use $ 4 mo New Y o N Y . 73 C o . r , ustmh use o o $ Va 406 E P S . N rf l , ast lu e treet 22 mm bilad el hia Pa . : 4 C o a T . r p , ercmi l rust Building mf m fi Cha ber o Co erce Building . P n 2 1 P fi 5 New o . o a . : rtl d , Oreg st Of ce Building

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C ODE or FAI R C OM PETITI ON

FO R THE UNDERGARM ENT AND NEGLI GEE INDUSTRY

on il 2 4 As Approved Apr 7, 1 93

ORDER

C OD E OF FAI R CO M P ETITION F OR THE U N DERGARM ENT AND NEGLI GEE IND U STRY Anapplication having been duly made pursuant to and in full com pliance with the provisions of Title I of the N ational Industrial Becov J 1 6 1 933 ery Act , approved une , , for approval of a Code of Fair Com e li ee s petition for the Undergarment and N g g Industry , and hearing e l having b en du y held thereon and the annexed report on said Code , i n contain ng fi dings with respect thereto , having been made and directed to the President : NOW ERE RE , TH FO , on behalf of the President of the United J ni Re States , I , Hugh S . ohnson , Admi strator for Industrial covery , pur suant to authority vested I nme by Executive Orders of the Presi E 654 — A 30 dent , including xecutive Order No . 3 , dated December , 1 933 w , and other ise $ do hereby incorporate by reference said annexed report and do fi nd that said Code 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 Code of Fair Compe i : tition be and it is hereby approved , subj ect to the follow ng conditions 1 ( ) THAT , if the Administrator shall find upon the completion of the study and sur vey now being conducted and$or upon the comple as tion of such public hearings he may specify , that the Code Author ity selected in the manner pro v ided by Sections 1 and 2 of Article VI l of the Code , is not tru y representative of the Industry and that it l all does not tru y represent elements in the Industry , or does not in i ni other respects comply with the prov sions of the Act , the Admi stra tor may require an appro priate modification in the method of selection of the Code Authority : 2 i i ( ) THAT , the Adm nistrator shall forthwith appoint a comm s sion of nine consisting of an equal number of representatives of em lo ers s i r hi i p y and employee , w th an impartial Chai man , w ch comm s sion shall undertake a study of competitive conditions withi n the 1 e mmenda r co Industry with respect to labor costs , in order ( ) to make tions to the Administrator for the adoption of occupational classifi c a tions of wages so as to maintain fair competition between members of 2 i a the Industry , and ( ) to nvestig te the need for the employment of

55 571 — 4 82—1 -72 492

to m 111 e learners the Industry and , based upon Such investigation , ak e 6 recommendations for such modifications of Article IV , S ction of the Code as are necessary inorder to effectuate the policies of the Act . The labor members of this commi ssion Shall be nominated by the Labor t he R ecov er- i Advisory Board , of National y Adm nistration , and the mini s Industry members of this commission shall be selected by the Ad i hi mi i trator $ the impartial Cha rman of t s com iss on shall be nom nated by the R esearch and Planning Division of the National R ecovery

Administration . The recommendations of thi s commission shall be made within thirty (30) days after the effective date of the Code and upon approval In by the Administrator , either their original or modified form , after i such hear ng and notice as he may specify , such recommendations either in their original or modified form shall become a p art of this

Code .

(3) THAT , pending the approval of such new Code provisions as may be adopted as a result of the recommendations of the commis sion hereinabove referred to , no employer in the Industry shall reduce the weekly wage rates of employees who are paid on a week-work basis even though such employees may be receivi ng more than the minima provi ded I n the Code $ nor shall any such employer pay to any i s i employee , who paid on a p ece work basis , rates which do not enable such employee to earn at least as much per full working week as such employee earned for the average working week during the month i immediately preceding the effective date of th s Code . 4 wi ri ( ) THAT , there shall be forth th established an Indust al Rela tions Board which Shall consist of an equal number of representatives of employers and employees , and an imp artial Chairman . Such Chairman sh all be appointed by the Administrator in case said Board a within ten days after its election fails to select one by greement . The Labor representatives on said Industrial Board shall be appointed by the Admini strator upon the nomination of the Labor Advisory Board R of the N ational ecovery Administration . The representatives of the employers Shall be selected by the Administrator . Such Board shall deal wi th complaints and disputes relating to labor in accordance l as with such ru es and regulations have been , or may hereafter be issued by the Administrator . 5 u 1 1 4 ( ) THAT , on and after Aug st 5 , 93 , no watchman shall be permitted to work In excess of forty- eight (48) hours I n any one week $ “ nor shall any non-manufactu ring employee be permitted to work in 40 9 excess of forty ( ) hours in any one week , nor in excess of nine ( ) hours in any twenty- four (24) hour period $ unless pri or to said date a public hearing is held by the Administrator at which good cause is Shown why the above provisions should not become effective and

I issue some order pertaining thereto . J H U GH S . OHNSON, A dmin str t r r du strial Recover i a n o fo I y. Approval recommended : SO L R B A . OSEN LATT , D vision dmi strat r i A ni o .

W I . ASH NGTON , D . C A ri 1 19 p 27 34. REPORT TO THE PRESIDENT

he N T PRESIDE T ,

The White Hou se. SI R : This is a report of the Hearing on the Code of Fair Compe tition for the Undergarment and N egligee Industry conducted in Washington on September and of subsequent conferences held for the purpo se of obtaining a Code of Fair Competition for the e h ee n Undergarment and N g g Industry , u der Title I of the National

Industrial Recovery Act .

DEFI NI TI ON OF THE I ND U STRY A ND STATEM ENT OF T HE DEV ELO P M ENT O F T HE CODE

The Industry as defined i n the Code includes the manufacture and $ sale by the manufacturer , contracter , or j obber of ladies underwear - and under garments , negligees and lounging pa$amas from woven $ c r fabrics , ex ept that it does not include the manufactu e of women s $ and children S sleeping garments or under- garments When such mmin garments , exclusive of tri gs , are made of one hundred i r per cent cotton fabric , nor does it nclude the manufactu e of the $ - SO called athletic type of ladies undergarments . The Code as originally submitted did not exclude the manufacture of underwear made from cotton fabrics . However , as work on the

Code progressed , it became the judgment of the preponderance of the manufacturers of the underwear who were making garments out of cotton fabrics , that their interests were more in common With the manufacturers included under the Cotton Garment Code than With $ i the manufactur ers of ladies underwear made from rayon and s lk . u who These manufact rers , formed an organization known as the Association of Cotton Undergarment and Sleeping Garment M anu fac t ur ers G , made application for such amendment to the Cotton arment Code as was necessary to give this Code j urisdiction over the manu n facture of cotton sleepi g wear and undergarments . This amend ment to the Cotton Garment Code was granted and became effective on M arch Although the close relationship between the manufacture of negli $ gees and lounging paj amas and the manufactu re of ladies underwear made from rayon and silk as would seem to be indicated by the title hi ni i n of t s Code , may not be generally recog zed the trades , the rela tionship was deemed to be su fficiently close to make possible the group 111 g of the two Industries together under one Code of Fair Competi i i tion . The int mate relationsh p between the Undergarment League ,

. ffi e li ee M r . Inc , and its a liate , the N g g anufactu ers Association , Inc , together with the advantages to be obtained by a common adininis tration of both industries , can be given as the maj or reasons for the i combin ng of the two Industries under the one Code . ( 493 ) 494

The difficulties which have been encountered 111 completing work wn I n on this Code are now well kno the apparel trades . To announce the approval of thi s Code i s not only to announce that the task of i i s exc e writ ng codes for all branches of the apparel trades , with one p i t on , completed , it is also to announce that one of the most disturbing in$ uences whi ch has existed in the apparel trades i n the last four months has now been removed . There are several industries very hi closely related to this Industry , some of w ch have been operati ng as under a Code of Fair Competition for long as five months . The absence of a Code for the Undergarment and N eghg ee Industry has worked real hardship on these industries as well as on those members of the Undergarment Industry who have been actively operating for many months to obtain an Undergarment Code . mi The Code as originally sub tted by the Undergarment League , 1 933 — i n Inc . in August , , was a simple one providing general for a 1 n 00 . i forty hour week and a $ 3 . basic mi imum The sponsorsh p of this Code was fair ly complete and the Code would have been quickly approved had it not been for the outbreak of a strike i n the New York area which was terminated by the writing of collective agree ments with labor . These collective agreements raised the scale of wages in the New York area i n some cases as much as forty percent i n or more and brought about a substantial reduction working hours . The consequent widening of these differentials in labor conditions existing between the New York manufactur ers and the out of town members of the Industry , gave rise to the desire on the part of the I n i i members of the Industry located New York City , to wr te nto the Code such occupational classifications as were necessary in order to d restore , to some degree , the ifferentials existing prior to the strike . Negotiations looking toward an agreement between the New York and out of town members of the Industry took place over a period t as of more than four mon hs . The Code approved is based upon the Al agreement finally reached as a result of these negotiations . though the Code does not contain occupational classifications comparable to those included in many other apparel trades codes , the limited amount of these classifications contained in the Code will tend to bring about to some degree the restoration of the relative labor conditions existing between the metropolitan and out of town manufacturers prior to the strike . It can be stated that all interests represented by the members of the Industry have been unusually well represented in the work on o on w this Code . At the final c nference this Code there ere present over thirty five members of the Indu stry whose lants are located

hi . in as widely scattered cities as New York , Boston and C cago The mL s final draft of the Code has been sub itted to some o Angeles members of the Industry and has been commented upon favorably by their representative . It is estimated that the nu mber of employees in the Indu stry in 1 929 was approximately and that the nu mb er of such employees in the first half of 1 933 was approximately 20 No later figures of employment are available . However , a survey of the entire mo industry now being conducted by the Ad inistrati n , will doubtless u e reveal with greater accuracy than any survey ndertak n heretofore , not only the nu mber of employees in the Industry and the number f$ O machines in use in the Industry , but also the annual volume of 495

i i i bus ness and the geograph cal d stribution of the Industry . There has been a striking and prolonged disagreement between the repre sent ativ es o i hi i of the sp nsoring trade organ zations on t s last quest on . i l if Th s survey wi l , therefore , Show to What degree , any , the Code i n Authority , selected the manner provided i n the Code i s not in l i fact tru y representative of the Industry . In th s connection , atten $ tion is called to the third parag raph of the Administrator s Order of approval . RES U M E O F THE CODE

Article I sets forth the purposes of the Code . Ar ticle II sets forth the defini tion of the term Industry and i r defines certain other terms wh ch occu in the context of the Code . Ar ticle III provides for the maximum working hours of employees i - in the Industry . A th rty seven and one half hour maximum i s fo r ri work week provided manufactu ng employees , and a forty (40) E hour work week is provided for all other employees . mployees i vi i engaged in an execut ve , super sory , or managerial capac ty , and i 00 receiving more than th rty five ) dollars per week , and outside

u . salesmen , are exempted from the maximum ho rs provisions Provision i s also made to limit the employment I n the Industry to i ini one sh ft of employees . The Adm strator may , however , upon showing of good cause grant certain exception to this provisi on as he r may deem necessary to effectuate the pu poses of the Act . ni i Article IV contains the mi mum wage provisions . A th rteen 00) dollar per week basic minimum i s provi ded for all employees i i . um I n in the Industry The basic m n m for operators employed the “ $ M etropolitan Area is set at sixteen and one - half 50) dollars r - - r i per week of thi ty seven and one half hou s , wh le the basic minimum for Operators employed outside the M etropolitan Area is set at fourteen 00) dollars per week of thirty- seven and one -half

hours . Pro vi sion is also made in this Article to prevent the reduction of total wages of employees on account of the reduction in working hour s 15 mi E required by the Code . xception also made to the nimum wage provisi ons to allow for the employment of handicapped employees ini i i at wages below the m mum under certain specified cond t ons , and also to allow for the employment of apprenti ces at wages below the minimum otherwise provided . Article V eliminates child labor and provides that persons under the age of eighteen (1 8) years shall not be employed at operations or I occupations which are hazardous n nature or detrimental to health . Contained in this Ar ticle are also the mandatory provisions re quir ed by the Act , guaranteeing to employees the right to organize ll i l and bargain c o eet v e y. Adequate provision i s also made to insure that employees I n the Industry are informed oi the labor provisions of the Code thr ough the $ posting by employers i n the Industry of official copies of such Code

Provisions . Artic le VI provides for the establishment of a Code Authority com of R posed representatives of the Industry , labor , and the ecovery ini Adm stration . The responsibilities , powers and duties of the Code are n i n is r Authority also defi ed th A ticle . 496

Ar ticle VII provides that all garments manufactured and distrib

A . u ted subject to the provisions of this Cod e Shall bear an N. R . label to symbolize to purchasers conditions under which such garments were o ri u made . The Code Auth rity is given the exclusive ght in the Ind s try to issue and furnish labels to the members of the Industry . Article VIII defines certain practices as unfair methods of competi tion , and prohibits their use . Among these practices defined as unfair are the following $ the giving of secret rebates $ the use of misleading or inaccurate advertising $ the granting of discounts in excess of the amount of 8— 10 the shipping of goods on consignment or memorandum except under certain specified circumstances $ the paying directly or indirectly by any manufacturer to the Industry of the advertising expenses of customers $ the acceptance of merchandise for credit or return except under certain conditions and for certain reasons . Article I X provides that the Code shall not be so applied as to per mi t monopolies or monopolistic practices , or to eliminate or oppress sm all enterprises . rticle X provides for the method of modifying or amending the

CoAi e . XI Article is designed to clarify the j urisdiction of the Code . Articl e XI I provides for the date upon which the Code Shall become effective . WAGES AND HO U RS It is estimated that the increase in employment due to the reduction il of hours by this Code w l be from twelve percent to fifteen percent . E xcept in isolated cases , the Code will have no direct effect upon wages among the metropolitan firms $ out of town , where substandard f wages have existed , and where , in addition , firms , were not a fected by the general wage increase brought about in September of 1 933 as a l resu t of collective bargaining , the Code will cause , it is generally in s recognized , a fairly general increase wages and , in cattered cases , a substantial increase . FIND INGS The Deputy Administrator in his final report to me on said Code having found as herein set forth and on the basis of all the proceedings in this matter : I find that : (a) Said Code is well designed to promote the policies and purposes ri R i of Title I of the National Indust al ecovery Act , ncluding removal of obstructions to the free $ ow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the in purpose of cooperative action among the trade groups , by induc g and maintaining uni ted action of labor and management under n adequate governmental sanctions and supervisions , by eliminati g i i a unfair competitive practice , by promoting the fullest possible ut l z t ion of the present production capacity of industries , by avoiding u n mre due restriction of production (except as may be te porarily $ i s n s a qu red) , by increa i g the consumption of indu tri l and agricultural c products thrmough increasing purchasing power , by redu ing and u o e of relieving ne pl ym nt , by improving standards labor , and by e l i s otherwise r habi itating ndu try . 497

ml (b) Said industry nor al y employs not more than em lo ees as p y and is not classified by me a maj or industry . (0 ) The Code as approved complies in all respects with the pertinent v wi mi pro isions of said Title of said Act , including thout li tation 3 Subsection (a) of Section , Subsection (a) of Section 7, and Su bsec tion (b) of Section 10 thereof $ and that the applicant associations are industrial associations truly representative of the aforesaid indus try $ and that the said associations impose no inequitable restrictions i i on adm ssion to membersh p therein . (d) The Code i s not designed to and will not permit monopolies or monopolistic practices . (e) The Code is not designed to and will not eliminate or Oppress small enterprises and will not operate to discriminate against them . mi (f) Those engaged in other steps of the econo c process hav e not been deprived of the right to be heard prior to approval of said Code .

For these reasons the Code has been approved . R espectfully ,

. J H U GH S OHNSON , A dmn a r i istr to . P I 2 1 4 A R L 7, 93 .

55 571 ° — 482—1 72— 34 — 2 CODE OF FAIR COM PETITION FOR THE UND ERGARM ENT AND NEGLI GEE INDUSTRY

— ARTICLE I PU RP OSES

To effectuate the policies of Title I of the National Industrial R e co er l w n v y Act , the fo lo i g provisions are established as a Code of Fair e li ee Competition for the Undergarment and N g g Industry , and Shall be the standard of fair competition for such industry and shall be

binding upon every member thereof . ARTICLE I I — D EFINITIONS The term Industry as used herein includes the manufacture and

sale by the manufacturer , contractor or j obber , as such terms are here $ inaft er and defined , of ladies underwear undergarments , negligees , and lounging paj amas from woven fabrics $ except that this term shall $ $ not include the manufacture of women s and misses paj amas , sleep in ri g wear , and undergarments of woven fab cs when such garments , 100 ri h exclusive of trimming , are made of % cotton fab cs , nor s all it $ s - l include the o called ath etic type of ladies undergarments . 2 “ i . The term member of the Industry as used here n includes any individual , partnership , associationm, corporation , or other person engaged in the industry either as an e ployer or on hi s or its own

behalf , as manufacturer , contractor , or j obber . “ m$ n 3 . The term e ployee as used herein i cludes any person how in ever compensated engaged the Industry , except a member of the

Industry . 4 e . The term employer as used her in includes all those by whom

any such employee is compensated or employed . m $ 5 . m The ter manufacturing employee as used herein eans one

engaged in cutting , pressing , examining , machine Operating , hand i sewing , finishing , sample mak ng , or in any other hand or machine

operation . - s i 6 . The term non manufacturing employee a used herein n clu des all other employees engaged in the Industry not included hi n $ $ wit n the meani g of the term manufacturing employee . “ $ ll h 7 . The term manufacturer as used herein includes a those w o i n ri manufacture garments the Industry from their own mate al , in a

factory or establishment maintained and operated by them . “ 8 . The term j obber as used herein includes all those for whom and$or under whose direction or orders garments in the Industry are in manufactured , whole or in part , by contractors and$or other man fa rers u ctu . , and who act as wholesale distributors of such garments “ $ 9 . The term Contractor includes all those who manufacture garments in the Industry from materials provided for them by manu fac tu r rs bb rs e o e . , j or others 1 “ $ “ “ 0 . The terms President , Act and Administrator as used i f i here n , shall mean respectively the President O the Un ted States , ( 498) 499

Title I of the National Industrial Recovery Act and the Administrator for Industrial Recovery . “ 1 1 M r . The term etropolitan A ea as used herein means the five l M m R boroughs of $ ueens , Brook yn , Bronx , anhattan and ich ond , in the City of New York .

1 ARTICLE III — H 0 U RS $ l 1 . No manufacturing employee shal be permitted to work in excess of thirty - seven and one - half hour s in any one week nor in excess of seven and one -half hours in any twenty- four hour eriod 5 , nor more than five ( ) days in any one week , except as here maiter provi ded . 2 hi . There shall be no more than one s ft of employees in any one i day . The Administrator , upon show ng of good cause and after such notice and hearings as he shall prescribe may grant such exemption to this provision as he may deem necessary to effectuate the purposes of the Act . “ - 3 . No non manufacturing employee shall be permitted to work in 40 1 9 excess of forty ( ) hours in any one ( ) week , or in excess of nine ( ) - 24 ri hours in any twenty four ( ) hour pe od , except that such employees i 4 may be perm tted to work four ( ) hours overtime per week , provided they are compensated at their regular hou rly rate for all hours worked 4 1 1 in excess of forty ( 0) hours in any one ( ) week . 4 i l . The provisions of th s Article shal not apply to employees engaged in an executive , supervisory , or managerial capacity and receiving more than dollars per week $ nor to outside salesmen m , or watch en . n i 5 . No employer shall k owingly engage any employee for any t me r which , when totaled with that al eady performed with another em hi m in s ployer , or employers , t s Indu try , exceeds the maxi um per mi e t t d herein .

6 . Any employer who does the work of a manufacturing employee l h h sha l be subj ect to t e provisions of t is Code as to hours of labor .

7 . Subj ect to approval of the Administrator , the Code Authority may designate the hour before which work shall not begin and the hour after which work Shall cease and may determine in whi ch local i ities th s rule shall apply . i 8 . No overt me Shall be permitted except upon recommendation of the Code Authority and the approval of the Administrator , and u nder such conditions and upon such terms as the Administrator shall prescribe .

2 — $ ART ICLE IV WAGES 1 . No manufacturing employee shall be paid at less than the rate of thirteen dollars p er week of thirty- seven and one - half

(37}4) hours . No operators employed in factories located in the “ M etropolitan Area $ shall be paid at less than the rate of sixteen and - — one half dollars per week of thi rty- seven and one half (37}6) six 6 hours , and , ( ) weeks after the effective date hereof , no operators employed in factories located outside of the “ M etropolitan Area $ shall be paid at less than the rate of fourteen dollars per week hi - - 37 r of t rty seven and one half ( )4) hou s .

1 See paragraph 2 (5) of ord er approv ing this C ode. s 2 2 and 2 3 of o d vin is C See paragraph ( ) ( ) r er appro g th ode . 500

“ . 2 - . No non manufacturing employee Shall be paid at less than i $ 4 the rate of th rteen dollars per week of forty ( 0) ho u rs .

3 . m This Article establishes a minimu rate of pay regardless of whether an employee is compensated on a time rate , piece rate , or other basis . 4 0 . N employee shall receive a lesser rate than is required to pro vide the same earni ngs for the hourly work week herein established as was received for that class of work for the longer week prevailing i immediately prior to the date of approval of th s Code $ provided , hi l n however , that t s clause sha l not be i terpreted to require an increase in rate to any employee in excess of Nothing herein contained mi shall relieve any employer from paying the other in mum wage rates i established in th s Code .

5 . i A person whose earning capacity is l mited because of age , physical or mental handicap , or other infirmity may be employed on hi light work at a wage below the minimum established by t s Code , if the employer obtains from the State authority , designated by the

United States Department of Labor , a certificate authorizing such person $ s employment at such wages and for such hours as shall be in i ri stated th s certificate . Such autho ty shall be guided by the instructions of the United States Department of Labor in issuing fi E l fi le l certi cates to such persons . ach employer shal month y with him the Code Authority a list of all such persons employed by , r Showing the wages paid to , and the maximum hou s worked by such employee . M $ 6 . Learners employed in the etropolitan Area may be paid not u less than at the rate of per week , provided that the n mber l m of such learners shal not exceed 5 % of the total nu ber of employees “ M of any one employer . Learners employed outside the etropolitan Area $ may be paid not less than at the rate of per week pro vi ded that the number of such learners shall not exceed 10% of the total number of employees of any one employer . In no case shall in f 10 learners be employed as such , for a period excess o ten ( ) weeks , “ M $ in when employed in the etropolitan Area , nor excess of twelve ( 12) weeks when employed outside the “ M etropolitan Area irre 3 s e iv p ct e of whether they are employed by one or more employers . m as 7 . Female e ployees performing substantially the same work h male employees s all receive the same rate of pay as male employees . i 8 . All manufacturers and$or j obbers who cause the r garments to be made by contractors Shall adhere to the payment of rates for such production in an amount at least sufficient to enable the contractor to pay employees the wages and earnings provided in this Code and in addition a reasonable payment to contractors to cover overhead .

' ARTICLE V— GENERAL LAB OR PROV ISI ONS

1 1 in . No person under sixteen ( 6) years of age shall be employed 18 the industry . N 0 person under eighteen ( ) years of age shall be employed at Operations or occupations whi ch are hazardous in nature i or detrimental to health . The Code Authority shall subm t to the Administrator not later than sixty (60) days after the effective date hereof, a list of such Operations or occupations . In any State an employer shall be deemed to have complied wi th this provision as to

8 2 2 of o d o in t is ode See paragraph ( ) r er appr v g h C . 501 age if he sh all have on fi le a certificate or permit duly issued by the Authority in such State empowered tomissue employment or age certificates or permits showing that the e ployees are of the required age . 2 E . (a) mployees shall have the right to organize and bargain own collectively , through representatives of their choosing , and shall be free from the interference , restraint , or coercion of em lo ers desi ii ation re re p y of labor , of their agents , in the g of such p sent ativ es or in self- organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection . (b) N 0 employee and no one seeking employment shall be required as a condition of employment to $oi n any company union or to refrain i i from j oin ng , organizing or assisting a labor organ zation of his own choosing , and E (c) mployers Shall comply with the maximum hours of labor , mi i n mum rates of pay , and other conditions of employment approved or prescribed by the President .

3 . No employer shall reclassify employees or duties of occupations performed or engage in any other subterfuge so as to defeat the pur i poses or provisions of the Act or of th s Code . 4 in . No provisions this Code shall supersemde any lawmwithin any mn State which imposes ore stri gent require ents on e ployers as to age of employees , wages , hours of work , or as to safety , health or i i san tary conditions or nsurance , or fire protection , or general work ing conditions , than are imposed by this Code . E 5 . ach member of the Industry shall be furnished by the Code Authority with official copies of the provisi ons of this Code relating a a h to hours of l bor , rates of p y , and ot er conditions of employment . Such official copies of such provi sions shall contain directions for n i l filing complai ts of violations of such prov siomns , and sha l be kept conspicuously posted at all times by such me bers of the Industry I n h h a n eac shop , establis ment , or sep rate u it , to the extent necessary W to make them freely accessible to all employees . henever any modification of , or exemption or exception from this Code permits hi s any person to pay lower wages or work employees longer hours , or establishes conditions of employment less favorable to hi s employees than those prescribed by the provisions of this Code , the Code w Authority , at the request of such person , shall furnish him ith certified copies of such modifications , exemptions , or exception in sufficient number for posting along side of such offici al copies of

Code provisions . N 0 member of the Industry shall display or furnish any incorrect copies of such provisions , directions , modification , exemp tions or exception .

6 . hi No home work Shall be permitted by members of t s Industry . E 7 . very employer shall provide for the safety and health of employees during the hours and at their places of employment . Standards of safety and health shall be submitted by the Code Authority to the Administrator within six months after the effective hi date of t s Code .

8 . No employee shall be dismissed by reason of m aking complaint r evi dence wi th respect to a violation of the Act or of this eJ 0 Cgeiving 502

4 A I — I $ I U I OF RT CLE VI ORGAN AT ON , PO WERS AND D T ES THE CODE A U THORITY

1 i e . There shall forthw th be constituted a Cod Authority consisting

(a) Twelve ( 12) representatives of the Industry or such other members as may be approved from time to time by the Admini strator i to be selected as hereinafter prov ded . (b) Two (2) representatives who Shall have the ri ght to vote on all ff questions a ecting labor , compliance , and enforcement but who shall not ha ve the right to vote on trade practice provisions or on the i f e employment or d scharge of any o ficer , director , attorn y or other agency of the Code Authority . Said representatives shall represent the employees i n the Industry and shall be appointed by the Ad mini strator for Industrial Recovery upon the nomination of the Labor r R i Adviso y Board of the National ecovery Adm nistration . Such representatives shall be given notice of and may Sit at all meetings of the Code Authority . (0 ) Such additional members without vote not to exceed three (3) as the Administrator may appoint to represent such groups or such interests or such governmental agencies and for such periods as he may designate . 2 9 s n . Nine ( ) of the member of the Code Authority representi g 5 the Industry Shall be selected by the Undergarment League , Inc . Three (3) of the members of the Code Authority representing the Industry Shall be selected by the National Women $s Undergarment $ M anufacturers Ass n . Inc . E 3 . ach trade or industrial association directly or indirectly p articipating in the selection or activi ties of the Code Authority shall : 1 i i 2 ( ) Impose no nequitable restrictions on membersh p , and ( ) i C i submit to the Adm nistrator true op es of its articles of association , b - y laws , regulations and any amendments when made thereto , i i together with such other information as to membersh p , organizat on , and activities as the Administrator may deem necess ary to effectuate the purposes of this Act . ll ml l a 4 . In order that the Code Authority sha l at ti es be tru y representative of the Industries and I nother respects comply with the rov 1Si ons n p of the Act , the Administrator may prescribe such heari gs as he may deem proper $ and thereafter , if he shall find that the Code Authori ty i s not truly representative or does not in other respects i r i a comply with the prov sions of the Act , may requi e an appropr te

in . modification the method of Selection of the Code Authority $ n I n i t 5 . Nothi g contained th s Code shall cons itute the members of r the Code Authority partners for any pu pose . Nor shall any member of the Code Authority be liable In any manner to anyone for any act

ffi . of any other member , o cer , agent or employee of the Code Authority Nor shall any member of the Code Authority be liable to anyone for an t i i un e his own y ac ion or om ss on to act der the Code , xcept for willful misfeasance or nonfeasance If the Administrator shall determine that any action of the Code Authority or any agency thereo f may be unfair or unj ust or contrary i r u s i to the public interest , the Admin strato may req ire that uch act on

4 in i See paragraph 2 (4) of order approv g th s C ode . 5 “ See paragraph 2 ( I ) of order approving this C ode . 503 be suspended to afford an opportunity for investigation of the meri ts ' of su ch action and further consideration by the Code Authori ty or a l hi gency pending fina action , w ch shall not be effective unless the Administrator approves ormunless he shall fail to disapprove after thirty (30) days notice to hi of intention to proceed with such action in its ori ginal or modified form . r 7 . In addi tion to the information requi ed to be submitted to the Code Authori ty as set forth in this article there shall be furnished to government ag encies such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the i National Recovery Act . Noth ng herein contained shall relieve any member of this Industry from any responsibility to furnish reports to other governmental agencies . l wi 8 . The Code Authority shall have the fo lo ng powers and duties l ul to the extent permitted by the Act , subj ect to such ru es and reg a as ini tions may be prescribed by the Adm strator . (a) To insure the execution of the provisions of this Code and to provide for the compliance by the members of the Industry wi th the provisions of the Act . (b) To adopt by-laws and rules and regulations for its procedure and for the admini stration of the Code . (0 ) To obtain through a confidential agency from members of the Industry periodical reports i n such form and at such times wi th c i respe t to wages , hours of labor , cond tions of employment , number of i employees , and such other matters pertinent to the purposes of th s wi mi Code as the Code Authority th the approval of the Ad in strato r , mi may require for the ad nistration and enforcement of this Code , and to submit reports to the Admini strator in such form and at such times as he may requir e in order that the President may be informed as to the observance or non- observance of the Code and to fur ther effectuate the policies of the Act . The confidential agency Shall be in no way engaged in the Industry i nor connected w th any member thereof , and all reports received by l it Shall be held as secret and confidential , except that they Shal be made available to the Administrator . l Such agency shal analyze , digest , and consolidate such reports and l shal disclose only general findings based thereon . Such general findings Shall be m ade available to the Code Authority and such e i members of the Industry as have assent d to th s Code . To use such trade associations and other agencies as it deems i proper for the carry ng out of any of its activities provided for therein , i and to pay such agenc es the cost thereof , provided , that such agencies shall at all times be subj ect to and comply with the prov isions of thi s Code $ and provided further that nothing herein shall relieve the Code of li n Authority any of its duties and responsibi ties thereu der . (e) To coordinate the administration of this code with such other codes , if any , as may be related to the Undergarment and Negligee s i Indu try , or any subdivision thereof , w th a view to promoting joint and harmonious action upo n matters of common interest . 504

(f) ( 1 ) It being found necessary to support the Administration of f i Code , in order to ef ectuate the policy of the Act and to ma ntain the standards of fair competition established hereunder , the Code Authority i s authorized : mr (a) To cu such reasonable obligationms as are necessary and proper for the foregoing purposes and to eet such obligations o u t of funds whi ch shall be held In trust for the purposes of the

Code and raised as hereinafter provided , hi s (b) To submit to the Administrator for approval , subj ect to such notice and Opportuni ty to be heard as he may deem

necessary . An its the 1 . itemized budget of estimated expenses for fore

going purposes , and 2 An hi n . equitable basis upon w ch the fu ds necessary to sup port such budg et shall be contributed by all members oi the Industry entitled to the benefits accruing from the maintenance ini of such standards , and the adm stration thereof $ (c) After such budget and basis of contribution have been

approved by the Administrator , to determine and collect equita as set ble contributions above forth , and to that end , if necessary , In its to institute legal proceedings therefor own name . (2) E ach member of the industry shall be liable for his or its equi table contribution to the expenses of the maintenance of the Code ri Autho ty as hereinabove provided . Only members of the industry complying with the Code and making such contribution shall be enti tled to participate i nthe selection of the members of the Code Author ity or to receive the benefits of its voluntary activities or to make use

R . A of any N . . insignia . (g) To cooperate with the Administrator in regulating the u se of the R R A insignia and the N . . . Label provided for in Article VII Eereo$ (h) To establish or designate an agency on planning and fair prac tice which shall cooperate with the Code Authority I n developing fair n r i ter and intra trade practices and indust ial planning , including the regularization of employment and stabilization of employees for the

Industry . n (i) To i itiate , consider , and make recommendations for the modi fi c ation i or amendment of th s Code . (j ) To appoint a trade practice committee which shall meet with the tra de practice commi ttees appointed under such other codes as may be related to the Industry for the purpose of formulating fair trade practices to govern the relationships between production and distribution employers under thi s code and under such others to the end that such fair trade practices may be proposed to the Admin istrator as amendments to this code and such other codes .

— ARTICLE VII LAB ELS All garments manufactured or di stributed subj ect to provisions of R this Code shall bear an N . . A . label to symbolize to purchasers of said E garments the conditions under which they were manufactured . ach label shall bear a registr ation nu mber especially assigned to each employer b y the Code Authori ty and remai n attached to suc h garment d th e a o when sol to retail distributor . Any employer may pply t the for r i u se R Code Authority a pe m t to such N . . A . label , but the employer

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60 i al the ( ) days after the effect ve date hereof , and , upon approv by i m I n ri n di Admin strator , such reco mendations either their o gi al or mo

fi ed form Shall become a part of this Code . 8 di i dir . No member of the Industry shall pay, rectly or n ectly , the advertising expenses of any customer .

9 . No member of the Industry shall accept for credit or exchange i a r returned merchand se , except for defects in m nufactu e , delay in hi delivery , errors in s pment or failures to conform to specifications . No returned merchandise Shall be accepted for credi t if returned after 1 n ten ( 0) days from date of receipt by the customer, except on accou t of defects I n manufacture not discoverable by reasonable inspection . No member of this Industry shall accept for credi t or exchange worn and washed garments , except as hereinabove provided .

— ARTICLE I X M ONO P OLIES

mi This Code shall not be construed or applied to promote or per t monopolies or monopolistic practices , or to eliminate or oppress small enterprises , or to discriminate against them .

— ARTICLE X M OD I FICATIONS

1 hi . T s Code and all the provisions thereof are expressly made i subj ect to the right of the President , in accordance w th the pro visions of Sub -section (b) of Sect ion 10 of the National Industrial R i ecovery Act , from t me to time to cancel or modify any order , l approval , license , rule or regu ation issued under Title I of said Act

but the. ri ht and specifically , without limitation , to g of the President , to cancel or modify his approval of thi s Code or any conditions his imposed by him upon approval thereof . 2 i . Th s Code , except as to provisions required by the Act , may be i I n modified on the basis of exper ence or changes circumstances , such modification to be based upon application to the Administrator and n such notice of heari g as he shall Specify , and to become effective on approval by the President .

— ARTICLE XI EFFECTI V E DATE

This Code shall become effective upon the second M onday after its a pproval .

A ov o o . 40 ppr ed C de N 8 . R — — No . 2 0 egistry 77 1 1 .