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The first five members shall be appointed for one, two, three, four, and five years, respectively; but their successors shall serve for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. Each member of the Commission shall receive a salary of $10,000 a year, shall be eligible for reappointment, and shall not actively engage in any other business, vocation, or employment. Any member of the Commission may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.

(b) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission, and three members of the Commission shall, at ali times, constitute a quorum. The Commission shall have an official seal which shall be judicially noticed.

(c) The Commission shall, at the close of each calendar year, make a report in writing to the President for submission to Congress, prescribing 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. 5. (a) The Commission shall have power to establish agencies, divisions, and bureaus. It shall appoint, without regard to the provisions of the civilservice laws or of the Classification Act of 1923, as amended, a secretary and such attorneys, special experts, consultants, and examiners, and in accordance with the civil-service laws and the Classification Act of 1923, as amended, such clerks, and other employees, as it may from time to time find necessary or appropriate for the proper performance of its duties and for the execution of the provisions of this Act; attorneys appointed by the Commission may, at the discretion of the Commission, appear for and represent the Commission in any case in court.

(b) The Commission is authorized to assign such funds to other governmental agencies or bureaus for the carrying on of special studies and assisting the Commission in other functions, as it may from time to time find necessary or appropriate.

(c) The Commission shall establish divisions for the cotton, rayon and silk, wool, hosiery, and for such other branches of the textile industry as it may deem necessary or appropriate. The Commission may delegate any of its functions or powers under this Act to any such divisions, or to any such agencies, bureaus, officers, or employees as it may establish or appoint; but the final decision upon all contested matters shall remain with the Commission.

(d) All expenses of the Commission, including all necessary traveling and subsistence expenses, incurred by members or employees of the Commission under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission or by any individual it designates for that purpose.

SEC. 6. The principal office of the Commission shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place in the United States, its Territories, or possessions. The Commission may, by one or more of its members or by such agents or agencies as it may designate, prosecute any inquiry necessary to its functions in any part of the United States. A member who participates in such an inquiry shall not be disqualified from subsequently participating in a decision of the Commission in the same case.

SEC. 7. The Commission shall have authority from time to time to make such rules and regulations, including rules of practice and procedure, as may be necessary or appropriate to carry out the provisions of this Act, and to alter, amend, or rescind such rules and regulations. Such rules and regulations shall be effective upon publication in the manner which the Commission shall prescribe.

SEC. 8. The Commission is authorized and directed to administer this Act and shall exercise such powers as are herein contained in respect of all matters and activities in or affecting commerce in the textile industry.

SEC. 9. (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 two years and may be removed by the President for inefficiency, neglect of duty, or malfeasance in office; if reappointed his subsequent term or terms shall be for five years each. He shall

receive a salary of $8,000 per year and necessary subsistence and 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 the Commission, and to conduct such independent investigation of matters relative to the industry and the administration of this Act, as he may deem necessary to enable him properly to represent the consuming public. In any proceeding before the Commission 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 subpena or other process of the Commission issued in his behalf.

(c) Within the limitations of such appropriations as the Congress may from time to time provide, the consumers' counsel is authorized, without regard to the provisions of the civil-service rules or of the Classification Act of 1923, as amended, to appoint and fix the compensation and duties of such attorneys, assistants, and clerks, and is authorized to make such expenditures, as may be necessary for the performance of the duties vested in him.

UNFAIR TRADE PRACTICES

SEC. 10. 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 textile industry. The unfair, wasteful, and destructive practices and methods of competition prohibited herein shall include the following: (a) MISREPRESENTATION.-No person engaged in the textile 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 textile industry which may mislead or deceive purchasers or prospective purchasers or which may cause such purchasers to prefer the product of one person engaged in the textile industry to that of another; nor shall any person engaged in the textile 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 person engaged in the textile 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 person engaged in the textile 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 person engaged in the textile 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 person engaged in the textile 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) LABOR PRACTICES.-No person engaged in the textile 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, as would adversely affect commerce in the products of the textile industry.

(g) OVERPRODUCTION.-Subject to the provisions hereinafter set forth in section 14 hereof, no person engaged in the textile 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 textile industry.

(h) DISCRIMINATION.-No person engaged in the textile 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 person engaged in the textile industry from selecting his own customers in bona-fide transactions affecting commerce.

(i) EXCLUSIVE DEALING.-No person engaged in the textile 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.

(j) AIDING, ABETTING, CONSPIRACY, AND COERCION.-No person engaged in the textile industry shall, either individually or in combination with others, aid or abet in the unse 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 person engaged in the textile 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).

(k) 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 affecting commerce, as provided in section 12 hereof.

SEC. 11. Subject to the provisions hereinafter set forth, the Commission shall conduct studies and make investigations concerning the effect upon commerce of the competitive practices and methods of competition prohibited in section 10 hereof and particularly (a) the relation between the wages, hours, and other conditions of employment in the textile industry and competition therein and (b) the productive capacity of the textile industry or the various divisions or subdivisions thereof and their relation to the actual and potential demand for the products of the industry; 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 10 hereof; and shall issue such rules, regulations, and orders as may be necessary to prevent the evasion of the provisions thereof.

SEC. 12. (a) Upon complaint filed by any person engaged in the textile industry, acting individually or through a trade association, 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 (j) or section 10 of this Act.

(b) Upon the issuance of a regulation prohibiting the use of a competitive practice or method of competition, as provided in subsection (a) hereof; (1) The Commission shall have authority to make such rules and regulations as may be necessary to prevent the evasion thereof; and

(2) Written agreements between or among persons engaged in the textile industry, acting individually or through their trade associations, 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 are not designed to burden or restrain 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. 13. (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: Provided, That the first findings shall be published by the Commission within six months after its organization.

(b) Whenever, upon investigation made under section 11 hereof, the Commission finds that the payment of low wages or the exaction of excessive hours of employment or the imposition of any unfair conditions of employment, including conditions of work assignment, adversely affect commerce in the textile industry, the Commission shall establish such minimum wages for the various occupations and classes of skill in the various divisions and subdivisions 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 historical differences between the 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.

(d) The basis of determining minimum wages shall be a thirty-five hour week of seven hours per day less such daily meal periods as the Commission shall determine; for all work done in excess of seven hours per day less such daily meal periods as the Commission shall determine or in excess of thirtyfive 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) Immediately upon the effective date of this Act $18 per week shall be the minmum wage for all common or unskilled labor and all clerical and office employees within the industry, it being the finding of Congress that the absence of a minimum wage level and the wage differences now prevailing in the textile industry adversely affect commerce in the textile industry and that $18 for a week of thirty-five hours less meal periods is a fair and reasonable wage according to relevant factors considered by Congress, 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, public hearing, 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.

(g) The minimum wages so established shall remain in effect for at least one year. Whenever the Commission, upon investigation made under such rules and regulations as it may prescribe, finds that the existing minimum wages are unreasonably low or tend adversely to affect commerce, it shall, subject to the standards and limitations prescribed in subsection (b), (c), (d), and (e) hereof, make such revisions as would render such minimum wages reasonable or remove such adverse effect upon commerce. The Commission shall publish such revisions, which shall become effective upon expiration of sixty days after such publication or of one year after publication of the thenexisting wages, whichever is later.

(h) No agreement, contract, arrangement, or understanding for the payment of a lower wage than the wage established by the Commission, the $18 minimum established in subsection (f) hereof shall be valid, except as otherwise specifically provided in subsections (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, however, That until the Commission shall otherwise determine (a) 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; (b) 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 (c) 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 and said organization.

(1) The Commission is hereby authorized to make rules and regulations forbidding the evasion of the minimum-wage provision, including (i) provisions that payment of all wages shall be made in lawful currency or by negotiaable demand checks payable without discount for cashing such checks; (ii) provisions 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) provisions forbidding any employer from accepting directly or indirectly rebates on such wages; and (iv) such other requirements which in the opinion of the Commission may be necessary to effectuate the minimum-wage provisions.

(m) Written agreements between any person engaged in the textile industry, and any bona-fide 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.

(0) Wherever a State law or order issued thereunder imposes more stringent requirements with respect to minimum wages, maximum hours, child labor, or any other term or condition of employment than is prescribed in this Act or any rule or regulation or order of the Commission, the State law or order shall prevail.

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