Executive Order No. Unnumbered, July 9, 1933
Cotton Textile Industry
The Cotton Textile Code, a stenographic transcript of the
hearing thereof, a report and recommendations of the National
Recovery Administration therein, (including a special statis-
tical analysis of the industry by the Division of Planning and
Research) and reports showing unanimous approval of such
report and recommendations by each the Labor Advisory
Board, the Industrial Advisory Board, and the Consumers'
Advisory Board, having been submitted to the President, the
following are his orders thereon.
In accordance with Section 3 (a), National Industrial Re-
covery Act, the Cotton Textile Code submitted by duly quali-
fied trade associations of the Cotton Textile Industry on June
16, 1933, in full compliance with all pertinent provisions of
that Act, is hereby approved by the President subject to the
following interpretations and conditions.
-
Limitations on the use of productive machinery shall
not apply to production of tire yarns or fabrics for
rubber tires for a period of three weeks after this
date.
-
The Planning Committee of the Industry, provided
for in the Code, will take up at one the question of
employee purchase of homes in mill-villages, especially
in the South, and will submit to the Administration
before January 1st, 1934, a plan looking toward even-
tual employee home-ownership.
-
Approval of the minimum wages proposed by the Code
is not to be regarded as approval of their economic
sufficiency but is granted in the belief that, in view
of the large increase in wage payments provided by
the Code, any higher minima at this time might react
to reduce consumption and employment, and on the
understanding that if and as conditions improve the
subject may be reopened with a view to increasing
them.
-
That office employees be included within the benefits
of the Code.
-
The existing amounts by which wages in the higher-
paid classes, up to workers receiving $30 per week,
exceed wages in the lowest paid classes, shall be main-
tained.
-
While the exception of repair show crews, engi-
neers, electricians and watching crews from the max-
imum hour provisions is approved, it is on the condi-
tion that time and one-half be paid for overtime.
-
While the exception of cleaners and outside workers
is approved for the present, it is on condition that the
Planning and Supervisory Committee provided by
Section 6 prepare and submit to the Administration,
by January 1, 1934, a schedule of minimum wages and
of maximum hours for these classes.
-
It is interpreted that the provisions for maximum
hours establish a maximum of hours of labor per week
for every employee covered, so that under no circum-
stances will such an employee be employed or per-
mitted to work for one or more employers in the in-
dustry in the aggregate in excess of the prescribed
number of hours in a single week.
-
It is interpreted that the provisions for a minimum
wage in this code establish a guaranteed minimum rate
of pay per hour of employment regardless of whether
the employee's compensation is otherwise based on a
time rate or upon a piece work performance. This is
to avoid frustration of the purpose of the code by
changing from hour to piece-work rules.
-
Until adoption of further provisions of this Code nec-
essary to prevent any improper speeding up of work
to the disadvantage of employees ("stretch-outs") and
in a manner destructive of the purposes of the National
Industrial Recovery Act, it is required that any and all
increases in the amount of work or production required
of employees over that required on July 1, 1933, must
be submitted to and approved by the agency created by
section six of the code and by the administration and
if not so submitted such increases will be regarded as
a prima facie violation of the provision for minimum
wages.
-
The code will be in operation as to the whole industry
but, opportunity shall be given for administrative con-
sideration of every application of the code in partic-
ular instances to any person directly affected who has
not in person or by a representative consented and
agreed to the terms of the code. Any such person
shall be given an opportunity for a hearing before the
Administration or his representative, and for a stay of
the application to him of any provision of the code,
prior to incurring any liability to the enforcement of
the code against him by any of the means provided in
the National Industrial Recovery Act, pending such
hearing. At such hearing any objection to the appli-
cation of the code in the special circumstances may be
presented and will be heard.
-
This approval is limited to a four months' period with
the right to ask for a modification at any time and sub-
ject to a request for a renewal for another four months
at any time before its expiration.
-
Section 6 of the Code is approved on condition that
the Administration be permitted to name three mem-
bers of the Planning and Supervisory Committee of
the industry. Such members shall have no vote but
in all other respects shall be members of such Plan-
ning and Supervisory Committee.
FRANKLIN D. ROOSEVELT
July 9, 1933
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