(e) The Commission shall, at the close of each calendar year, make a report in writing to the President for submission to Congress, setting forth in detail its activities and operations during the year, and the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Commission, and render an accounting of all moneys it has disbursed.

SEC. 4. CONSUMERS' COUNSEL.-(a) There shall be an office in the Commission to be known as Consumers' Counsel of the National Textile Commission. The Consumers' Counsel shall be appointed by the President, by and with the advice and consent of the Senate, and shall not engage in any other business, vocation, or employment. He shall continue in office for five years and may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. He shall receive a salary of $10,000 per year and necessary traveling expenses, which shall be payable in the same manner as the salaries and expenses of the Commission.

(b) It shall be the duty of the Consumers' Counsel to appear in the interest of the consuming public in any proceeding before or any agreement filed for the approval of or any investigation by the Commission, as he may deem necessary to enable him properly to represent the consuming public. In any matter in which the Consumers' Counsel has entered an appearance, he shall have the right to offer any relevant testimony and argument, oral or written, and to examine and cross-examine witnesses and parties to the proceeding, and shall have the right to have subpoena or other process of the Commission issued in his behalf. Whenever the Consumers' Counsel finds that it is in the interest of the consuming public to have the Commission forthwith furnish any information at its command, or conduct any investigation as to any matter within its authority, he shall so certify to the Commission, specifying in the certificate the information or investigation desired. Thereupon, the Commission shall promptly furnish the information or conduct the investigation, and place the results thereof at the disposal of the Consumers' Counsel.

(c) The Consumers' Counsel shall have the right to appeal from any decision or order of the Commission in the same manner as any other interested party, shall have the right to appear in the interest of the consuming public in any proceeding in court relating to any order issued by the Commission, and shall have the same right of appeal from the decision or order of the court as any other interested party.

(d) Subject to the same limitations as are set forth in section 3 (c) hereof, the Consumers' Counsel is authorized to appoint such attorneys, experts, and other employees as he may find necessary for the proper performance of his duties.

SEC. 5. INDUSTRY REPRESENTATION.—(a) Any association of members of the industry, or of any division or subdivision thereof, may register with the Commission, and thereupon shall have the right to appear in the interest of its members in any investigation by or proceeding before the Commission: Provided, That the Commission finds that such association is truly representative of and is duly authorized by the group it claims to represent, that the association does not impose any inequitable restrictions on admission to membership of persons belonging to the same division or subdivision of the industry, and that the association is not designed or intended to oppress small enterprises or to engage in or encourage monopolies or monopolistic practices.

(b) Such association, upon having entered an appearance in any proceeding before the Commission, shall have the right to offer any relevant testimony and argument, oral or written, and to examine and cross-examine witnesses and parties to the proceeding, and shall have the right to appeal from any decision or order of the Commission in the same manner as any other interested party, shall have the right to appear in the interest of its members in any proceeding in court relating to any order issued by the Commission, and shall have the same right of appeal from the decision or order of the court as any other interested party.

(c) The Commission shall have authority to make investigations of the activities of such association. Whenever the Commission, upon reasonable notice and hearing, finds that such association no longer meets the qualifications set forth in subsection (a) hereof, it shall cancel the registration herein provided, and thereafter such association shall have no right to appear in the interest of its members as provided in subsection (b) hereof.

(d) Any order of the Commission refusing to register such an association or canceling the registration thereof shall be subject to review in the manner provided in section 21 hereof.

SEC. 6. LABOR REPRESENTATION.-Any organization of textile employees, not organized or existing in violation of the National Labor Relations Act, shall have the right to appear in the interest of its members in any investigation by or proceeding before the Commission. Such labor organization, upon having entered its appearance in any proceeding before the Commission, shall have the right to offer any relevant testimony and argument, oral or written, and to examine and cross-examine witnesses and parties to the proceeding. Such organization shall have the right to appeal from any decision or order of the Commission in the same manner as any other interested party, shall have the right to appear in the interest of its members in any proceeding in court relating to any order issued by the Commission, and shall have the same right of appeal from the decision or order of the court as any other interested party.

UNFAIR TRADE PRACTICES

SEC. 7. It shall be unlawful for any person to engage in any unfair, wasteful, or destructive competitive practice or method of competition in or affecting commerce in the textlie industry. The unfair, wasteful, and destructive prctices and methods of competition prohibited herein, shall include the following: (a) MISREPRESENTATION.—-No member of the industry shall in any manner make or publish, or cause or permit to be made or published, any false, misleading, or deceptive statement by way of advertising, or otherwise, concerning the grade, quality, quantity, substance, composition, character, nature, finish, origin, size, material, content, or preparation of any product of the industry which may mislead or deceive purchasers or prospective purchasers or which may cause such purchasers to prefer the product of one member of the industry to that of another; nor shall any member of the industry ship or deliver a product which does not conform to the samples submitted or to the representations made concerning the product in securing the order.

(b) MISBRANDING AND MISLABELING.—No member of the industry shall falsely mark, brand, or label any product with the intent or effect of misleading or deceiving purchasers or prospective purchasers concerning the quality, quantity, grade, character, nature, substance, origin, size, or preparation of such product. (c) PASSING OFF, AND SO FORTH.-No member of the industry shall imitate, simulate, or copy any trade mark, trade name, brand, design, advertising slogan, or other mark of identification of any product of a competitor, with the intent or effect of passing off his product for that of a competitor, or with the intent or effect of appropriating the competitor's goodwill or the results of the expenditures incurred by, or of the skill of, a competitor in developing his product or goodwill.

(d) COMMERCIAL BRIBERY.-No member of the industry shall, directly or indirectly, offer or give anything of value to any employee, agent, or representative of a competitor or of a purchaser with the intent or effect of influencing or rewarding any action on the part of such employee, agent, or representative concerning the business of his employer.

(e) INDUCING BREACH OF CONTRACT, AND SO FORTH.-No member of the industry shall induce or attempt to induce the breach of an existing contract between a competitor and his customers; nor interfere with or obstruct the performance of any such contract; nor, by any false or deceptive means, for the purpose or with the effect of hampering, injuring, and embarrassing a competitor in his business, induce or attempt to induce customers or prospective customers not to enter into contracts with such competitor.

(f) DEFAMATION, AND SO FORTH.-No member of the industry shall defame a competitor by falsely imputing to him dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, or by falsely disparaging the grade or quality of his products or services.

(g) PURCHASE OF COMPETITOR'S PRODUCT.-No member of the industry shall by purchase or exchange acquire a competitor's product for the purpose of substituting his own merchandise or of influencing the sale of merchandise to a customer or prospective customer: Provided, however, That this shall not forbid any person to acquire a sample of a competitor's product for the purpose of comparison or analysis.

(h) THREATS OF LITIGATION.-No member of the industry shall publish or circulate unjustified or unwarranted threats of suits or proceedings for infringement of patents, trade marks, copyrights, or designs, or of any other legal proceedings, with the intent or effect of harassing or intimidating competitors or their customers.

(i) ESPIONAGE.-No member of the industry shall procure or attempt to procure any information concerning the business of a person which is properly regarded by such person as a trade secret or confidential within his organization, except with the consent of such person.

(j) LABOR PRACTICES.-No member of the industry shall pay such unreasonably low wages, or exact such unreasonably long hours of service, or impose upon his employees such unfair conditions of employment, including those proscribed in the National Labor Relations Act, but not excluding other unfair conditions of employment, as would adversely affect commerce in the products of the industry.

(k) OVERPRODUCTION.-Subject to the provisions hereinafter set forth in section 10 hereof, no member of the industry shall manufacture any product in excess of the limitations prescribed with intent or effect of lowering the price of such product in commerce below a fair minimum, or if such overproduction tends to affect adversely commerce in the products of the industry.

(1) DISCRIMINATION.-No member of the industry shall discriminate in price between different purchasers where the intent or effect of the discrimination may be to affect commerce; nor shall any direct or indirect rebates, refunds, or unearned discounts, whether in the form of money, property, services, advertising allowances, or otherwise, be granted with the intent or effect of so discriminating between different purchasers: Provided, That nothing herein shall prevent differentials in price on account of differences in the grade, quality, or quantity of the product sold, to the extent of the difference in cost thereof, or differentials which make due allowance for difference in the cost of selling or transportation: Provided further, That nothing herein shall prevent any member of the industry from selecting his own customers in bona-fide transactions: Provided, however, That nothing herein shall be interpreted to limit the application of the Act of June 19, 1936, amending section 2 of the Clayton Act (15 U. S. C. 13).

(m) EXCLUSIVE DEALING.-No member of the industry shall lease or sell, or agree to lease or sell, any product for use, consumption, or resale, or fix a price therefor or discount from or rebate upon such price, on the condition, agreement, or understanding, that the lessee or purchaser thereof shall not use or deal in the products of a competitor.

(n) AIDING, ABETTING, CONSPIRACY, AND COERCION.--No member of the industry shall either individually or in combination with others, aid or abet in the use of any unfair practice or method of competition, nor conspire with others. to violate any provision of this Act, nor in any manner coerce any other member of the industry or his customers in maintaining prices where the effect of such price maintenance may be to affect commerce: Provided, That nothing herein shall be interpreted to repeal or limit the application of section 37 of the Criminal Code (18 U. S. C. 88).

(0) OTHER PRACTICES.-The enumeration of practices and methods of competition prohibited in this section shall not be construed to exclude any other practices or methods of competition which, in view of the facts pertaining to the industry, or any division or subdivision thereof, the Commission finds are unfair, wasteful, or destructive, or adversely affect commerce. Upon complaint filed by any member of the industry, acting individually or through a trade association, registered under section 6 hereof, that any competitive practice or method of competition in the textile industry is unfair, wasteful, or destructive and that it adversely affects commerce in the industry, the Commission shall make a preliminary investigation of such competitive practice or method of competition. If, upon such investigation, it shall appear that the complaint is well founded and that a proceeding by it in respect thereof would be in the interest of the public, the Commission shall, upon due notice to the industry, or the division or subdivision thereof, hold a hearing the testimony of which shall be reduced to writing. Thereupon the Commission shall make a report in which it shall state its findings of fact and shall issue such order as it may deem just and proper in the premises. If the Commission finds that the competitive practice or method of competition is, in whole or in part, unfair, wasteful, or destructive and adversely affects commerce in the industry or any division or subdivision thereof, it shall issue and publish a regulation prohibiting the use of such competitive practice or method of competition, and thereupon such rule shall have the same force and effect as subsections (a) through (n) hereof.

SEC. 8. (a) The Commission shall further define and classify, by general interpretative regulations or otherwise, the unfair, wasteful, and destructive competitive practices and methods of competition prohibited in section 7

hereof; and shall issue such rules, regulations, and orders as may be necessary to prevent the evasion of the provisions thereof.

(b) Written agreements between or among members of the industry, acting individually or through their trade associations registered under section 5 hereof, for the elimination of acts, practices, or methods of competition resulting or tending to result in the violation of such regulation shall, upon filing with and upon approval by the Commission, upon finding that such agreements do not have the intent or effect of burdening or restraining commerce, become binding and upon any controversy thereunder enforceable in the same manner as if the provisions of the agreements were contained in a valid order issued by the Commission.

SEC. 9. (a) Immediately after the enactment of this Act or as soon thereafter as may be practicable, and from time to time thereafter, the Commission shall make studies of the classifications of occupations and rates of pay in the various branches of the industry and shall make classifications and definitions of such occupations and of skill within the occupations including apprentices and learners therein, and shall publish its findings in respect thereof. The first findings shall be published by the Commission within six months after its organization.

(b) Whenever, upon investigation, the Commission finds that the wages or hours of employment adversely affect commerce in the industry, the Commission shall establish such minimum wages for the various occupations. and classes of skill in the various divisions and subdivision of the textile industry as it may find necessary to eliminate such adverse effects upon commerce. Upon the establishment of such minimum wages the Commission shall forthwith publish the same, and the minimum wages so established shall become effective upon expiration of sixty days after such publication.

(c) In determining the minimum wages, the Commission shall give due consideration to the skill required in the respective occupations, the standards of pay for similar classes of labor in other comparable or competing industries, the corresponding rates of wages provided for in collective agreements then in effect, the fair and reasonable value of the services rendered, work assignments, the cost of living, and such other factors as the Commission may deem relevant: Provided, That there shall be no discrimination on account of age or sex of employees performing substantially the same or similar work. The wages determined by collector agreements, as provided in subsection (m) hereof, shall be prima-facie evidence of the reasonable value of the services rendered. (d) The basis of determining minimum wages shall be a forty-hour week of eight hours per day; for all work done in excess of eight hours per day or in excess of forty hours per week, employees shall be paid at the rate of time and one-half, and for all work done on Sundays and legal holidays they shall be paid at the rate of double time, except as hereinafter provided.

(e) Subsection (d) hereof shall not apply to employees engaged in a managerial or executive capacity who receive wages or salary of not less than $40 per week.

(f) The minimum wages established by the Commission shall remain in effect for at least one year. Whenever the Commission, upon investigation, finds that the existing minimum wages adversely affect commerce, it shall, subject to the standards and limitations prescribed in subsections (b), (c), (d), and (e) hereof, make such revisions as would render such minimum wages reasonable and remove such adverse effect upon commerce. The Commission shall publish such revisions, which shall become effective upon expiration of sixty days after such pubication or of one year after publication of the then-existing wages, whichever is later.

(g) Within thirty days after the effective date of this Act, $15 per week shall be the minimum wage for all common or unskilled labor and all clerical and office employees within the industry: Provided, That if upon application of any member of the industry, or any division or subdivision thereof, acting individually or through his trade association, and upon due notice and hearing, the Commission finds that the $15 minimum wage is excessive for any division or subdivision of the industry, as compared with the standards set forth in subsection (c) hereof, the Commission shall reduce this minimum wage by such excess for the division or subdivision of the industry: Provided further, That the burden of proof shall be on the applicant to show such excess, it being the finding of Congress that the absence of a minimum wage level and the wage differences now prevailing in the industry adversely affect commerce in the industry, and that $15 for a week of forty hours is a

fair and reasonable wage according to relevant factors considered, including the value of the services rendered by any common and unskilled labor.

This subsection shall be in force until the Commission, after appropriate investigation, and after consideration of all factors enumerated in subdivision (c) of this section, determines a fair and reasonable minimum wage for common or unskilled labor.

(h) No agreement, contract, arrangement, or understanding for the payment of a lower wage than the wage established by the Commission, or the $15 minimum established in subsection (g) hereof, shall be valid, except as otherwise specifically provided in subsections (i), (j), and (k) hereof.

(i) The minimum wages paid to apprentices or learners shall, as nearly as practicable, be proportionate to the minimum wages of the regular employees of the same classifications, based upon their relative efficiency and skill. The Commission shall, upon investigation, determine the reasonable relative efficiency of the apprentices and learners in the various classifications of occupations in the textile industry and the reasonable period of apprenticeship or learning for each classification of occupations within the industry and shall make reasonable regulations limiting the percentage of employees to be classed as apprentices or learners: Provided, That until the Commission shall otherwise determine, employees engaged as learners shall be paid not less than 80 per centum of the minimum wage prescribed by this Act or by the Commission, no employee shall be classified as a learner after he has been employed for a period of six weeks or more in any part of the industry, and no employer shall classify more than 5 per centum of his employees as learners.

(j) An employee whose earning capacity is limited because of advanced age, physical or mental handicaps, or other infirmity may, subject to the rules and regulations made by the Commission, be employed on light work at a wage below the minimum established: Provided, That the employer obtains from the Commission a certificate specifying the wage, to be based on the relative efficiency of such employee.

(k) The wages or other compensation to employees shall be exempt from any charges, fines, or other deductions; or from payment for pensions, insurance, or sick benefits, except those voluntarily paid by the employee, if approved by the Commission and in existence at the time of the passage of this Act, and except those required by State or Federal law. No employer shall accept directly or indirectly rebates on such wages or salaries or give anything of value or extend any gratuity or other favor for the purpose of influencing rates of wages or working conditions of his employees. Nothing herein shall be construed or applied to prevent the deduction by employers from the wages of employees of dues of a bona-fide labor organization under an agreement for such deduction between the employer, the employee, and said organization. (1) The Commission is hereby authorized to make rules and regulations forbidding the evasion of the minimum-wage provisions, including (i) requirements that payment of all wages shall be made in lawful currency or by negotiable demand checks payable without discount for cashing such checks; (ii) requirements that no employee shall be required to trade at a store specified by the employer or to live in houses rented from or designated by the employer, or to use similar properties or services of any description; (iii) requirements forbidding any employer from accepting directly or indirectly rebates on such wages; and (iv) such other requirements as in the judgment of the Commission may be necessary to effectuate the minimum-wage provisions. (m) Written agreements between any member of the industry, and any bonafide organization of his employees (not organized or existing in violation of the National Labor Relations Act) concerning wages, hours, work assignment, payment of union dues, sanitary and health conditions, and seniority rights shall, upon filing with and upon approval by the Commission, upon finding that such agreements are not designed to burden or restrain commerce, become binding and upon any controversy thereunder be enforceable in the same manner as if the provisions of the agreements were contained in a valid order issued by the Commission.

(n) Every employer shall post and keep posted in printed form in ten-point bold-faced type or larger the schedule of minimum wages established by the Commission, together with the name and address of the nearest official place where violations may be reported. Such posters shall be in English and such other languages as may be required in order to make all employees understand them, and shall be placed in conspicuous places throughout the plant readily accessible to all employees in the normal course of their operations.