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Sec. 21. (a) Every license issued under this Act shall provide as a condition thereof that no individual under sixteen years of age shall be employed and that no individual under eighteen years of age shall be permitted to work except between the hours of 7 o'clock antemeridian and 7 o'clock postmeridian, or shall be employd at operations or occupations which are havardous in nature or dangerous to health.
(b) The Commission is authorized and directed to determine, after appropriate notice and hearing, specific operations and occupations which are havardous in nature or dangerous to health within the purview of the preceding subsection.
(c) In any State an employer shall be deemed to have complied with the foregoing provisions as to age if he shall have on file a valid certificate or permit, duly signed by the authority in such State empowered to issue employment or age certificates or permits, showing that the employee is of the required age.
COLLECTIVE BARGAINING AND OTHER RIGHTS OF EMPLOYEES Sec. 22. Every license issued under this Act shall provide as a condition thereof that
(a) Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.
(b) It shall be an unfair labor practice and shall be a violation of the conditions of the license for an employer
(1) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in subsection (a).
(2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the National Labor Relations Board, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay.
(3) By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing in this Act shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) to require as a condition of employment membership therein, if such labor organization is the representative of the employees as provided in section 9 (a) of the National Labor Relations Act, in the appropriate collective bargaining unit covered by such agreement when made.
(4) To discharge or otherwise discriminate against an employee because he has filed charges or given testimony under the National Labor Relations Act or this Act.
(5) To refuse to bargain collectively with the representatives of his employees, subject to the provisions of section 9 (a) of the National Labor Relations Act.
(c) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all of the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer.
SEC. 23. Written agreements between any licensee and any bona fide organization of his employees (not organized or existing in violation of the foregoing provisions) concerning wages, hours, work assignment, payment of union dues, sanitary and health conditions, and seniority rights, provided they are at least as favorable to the employees involved as the corresponding provisions contained in this Act, shall, upon filing with the Commission by either party thereto, become binding and enforceable in the same manner as if originally contained in the license.
GENERAL LABOR PROVISIONS
Sec. 24. Every license issued under this Act shall provide as a condition thereof that:
(a) Every employer shall make reasonable provision for the safety and health of his employees at the place and during the hours of their employment, in accordance with such rules and regulations as may be issued by the Commission.
(b) No employee who has been regularly employed for twelve weeks by any one employer may be discharged or laid off without prior notice of one week.
(c) For purposes of protecting employees who have been separated from their jobs by dismissal by their employers, each employer shall pay to any employee he dismisses for any cause whatsoever a separation wage computed at the ratio of one week's pay for each twenty weeks worked by said employee for said employer: Provided, That such separation wage need not exceed three months' wages of such employee at the current rate. In the case of layoffs due to slack season or lack of business or for any other reason, each employee so laid off shall become eligible for and shall be paid a separation wage in the manner above described if such layoff periods total three months or longer in any one calendar year. No employer shall, for purposes of avoiding the intention of this provision by breaking the accumulated tenure of employment of an employee or by any other subterfuge, dismiss one employee and employ another. Î'he provisions of this subsection shall not apply to employees engaged in a managerial, executive, or selling capacity who are regularly paid $60 per week or more; nor shall anything herein be construed or applied to interfere with any plan of unemployment compensation or other benefits or to deprive any employee of the full benefits thereof. tion wage herein provided shall be in addition to such unemployment compensation or other benefits.
(d) Every employer shall insure his employees, regardless of exemptions under State laws, against industrial accidents arising out of and in the course of employment. Such insurance shall be under the applicable law of the State, or in the absence of a State law under such form of employers' liability or group accident insurance as the Commission shall prescribe.
(e) No employer shall cause or permit any work to be performed in tenements, private houses, basements, or in any building not a bona fide factory or mill.
(f) Every employer shall post and keep posted in printed form in ten-point bold-faced type or larger the full provisions of his license respecting labor, and any amendment thereto, together with the name and address of the nearest official place where violations of the conditions of such license may be reported. Such posters shall þe 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.
(g) Wherever a State law or order issued thereunder impose more stringent requirements with respect to minimum wages, maximum hours, child labor, or any other term or condition of employment than is prescribed in any applicable license issued under this Act, no employee of either sex shall be employed within such State upon terms or conditions less favorable than such State law or order requires.
Sec. 25. (a) Every license issued under this Act shall provide that all employers shall give not less than fifteen days' written or printed notice of every intended change in work assignment involving a rearrangement of process or reorganization or specialization of operation by advising the employees affected and their representatives for collective bargaining, if any, and by posting notice in a place accessible to all employees in the mill; that upon request of the employees affected or their representative, or upon request of any employee or his representative for a change in work assignment, it shall be the duty of the employer to meet with said employees or their representatives and endeavor in good faith to reach an agreement with respect to the question of work assignment.
(b) Whenever any dispute arises between an employer and his employees, or any of them, with respect to the existing work assignment or to a proposed change in the work assignment, either party may invoke the services of the Commission. Upon request of either party, the Commission shall take jurisdiction of the dispute and shall conduct an investigation, which it shall complete within fifteen days unless the parties to the dispute mutually agree upon a longer time. In any such investigation the Commission shall give all parties adequate opportunity to appear and present such evidence or argument as they desire. Thereafter the Commission shall within fifteen additional days make a full report, setting forth its findings, its recommendations for an equitable settlement, and its reasons therefor.
(c) If the employer and his employees reach an agreement or settlement of the dispute before the Commission has made its report, a copy of such agreement or settlement shall be filed with the Commission and thereafter the Commission shall immediately cease its investigation and shall not issue a report. The provisions of such agreement or settlement shall thereupon become a part of the license of such employer.
(d) In any case where the Commission has assumed jurisdiction it may require that the proposed change in work assignment be suspended pending investigation and report by the Commission, and all licenses issued under this Act shall provide as a condition thereof that all employers shall comply with such orders of the Commission.
Sec. 26. (a) It shall be the duty of the Commission to study continuously the relation of the effective productive capacity and the rate of operation of the various distinguishable branches of the textile industry to actual and potential demand for the products thereof.
(b) Whenever the Commission after appropriate notice and hearing shall find that the potential productive capacity and rate of operation of any such branch of the textile industry are such that if no action is taken production would substantially exceed demand with serious attendant losses to the industry and demoralization of its markets, the Commission may prescribe reasonable limitations on the operations of such branches of the industry. Within the discretion of the Commission and with due regard to the characteristics and competitive relations of the various branches of the textile industry, such limitations may be imposed on
olume of stocks, on hours of plant or machinery operation, or on number or percentage of spindles, looms, or other machines used in the productive or finishing processes of the industry, or on a combination of these factors.
(c) Such limitation of production shall not be used to create or further monopolistic practices or to facilitate increases in the price of goods to the consumer. Whenever any manufacturer or any representative association of manufacturers, consumers, or other citizens shall file a complaint in writing with the Commission that any limitation on production imposed by it tends to create or further monopolistic practices, or has brought about or will bring about the raising of prices to an extent not justified by changes in production costs, the Commission shall forthwith institute an investigation in the premises and shall within thirty days make and publish findings and a ruling either dismissing the complaint or removing the limitation or modifying it in such a way as to meet any objections sustained by the Commission in its findings.
OPERATION UPON THREE SHIFTS
Sec. 27. Every license issued under this Act shall provide as a condition thereof that any licensee who operates his productive machinery upon a schedule of three shifts shall pay to all his employees in addition to their regular wage a weekly bonus equal to 5 per centum of their respective wages: Provided, That such bonus may not be paid to employees receiving $60 or more per week. This section shall not be construed to in any way affect the right of the Commission to limit the number of shifts of productive machinery as provided in section 26 above.
Sec. 28. Every license issued under this Act shall provide as a condition thereof that:
(a) No licensee shall publish advertising, (whether printed, radio, display, or of any other nature) which is misleading or inaccurate in any material particular, nor shall any licensee in any way misrepresent any goods (including but without limitation its use, trade mark, grade, quality, quantity, origin, size, substance, character, nature, finish, material, content, or preparation) or credit terms, values, policies, services, or the nature or form of the business conducted.
(b) No licensee shall knowingly withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular.
(c) No licensee shall brand or mark or pack any goods in any manner which is intended to or does deceive or mislead purchasers with respect to the brand, grade, quality, quantity, origin, size, substance, character, nature, finish, material content, or preparation of such goods.
(d) No licensee shall defame a competitior by falsely imputing to him dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representation, or by falsely disparaging the grade or quality of his goods.
(e) No licensee shall secretly offer or make any payment or allowance of a rebate, refund, commission credit, unearned discount, or excess allowance, whether in the form of money or otherwise, nor shall any licensee secretly offer or extend to any customer any special service or privilege not extended to all customers of the same class, for the purpose of influencing a sale.
(f) No licensee shall willfully induce or attempt to induce the breach of existing contracts between competitors and their customers by any false or deceptive means, or interfere with or obstruct the performance of any such contractual duties or services by any such means, with the purpose and effect of hampering, injuring, or embarrassing competitors in their business.
ADMINISTRATION: ISSUANCE OF LICENSES
SEC. 29. (a) The Commission shall have power to issue a general license to all persons in the textile industry engaged in the manufacture, processing and/or production of textile products, and to all other persons so engaged in any branch of the textile industry. Upon the issuance of any such license each person subject thereto shall be deemed a separate and independent licensee.
(b) Unless otherwise specified in a license every condition contained therein shall become effective immediately upon issuance. The Commission may at the time of issuance of any license provide therein that any or all of its conditions shall become effective on any date or dates within three months after issuance.
LABELS AND STAMPS
Sec. 30. (a) The Commission shall issue appropriate labels or stamps of a character to be prescribed by the Commission, which labels or stamps shall be affixed or imprinted to every textile product manufactured, processed, and/or produced under a license issued by the Commission. Such label or stamp shall be prima facie evidence that the product to which it is affixed has been manufactured, processed, and/or produced under the conditions prescribed by the applicable license.
(b) The Commission shall have power to fix a fee for the issuance of such labels or stamps which shall not be greater than the proportionate cost of defraying the expense of issuing the labels or stamps and the cost of administering this Act. In determining such proportionate cost the Commission shall take into consideration the value of the product to which the label or stamp is to be affixed.
(C) The use of such labels or stamps on products not manufactured, processed, and/or produced under a license issued by the Commission, or their use in any manner not authorized by the Commission, shall be a misdemeanor and upon conviction thereof an offender shall be fined not more than $100,000, or imprisonment for not more than one year, or both; each violation shall be considered a separate offense.
REVOCATION OF LICENSES
Sec. 31. (a) If any licensee violates any effective condition of his license the Commission shall have power, in the manner hereinafter provided, to revoke' such license.
(b) Whenever the Commission shall have reason to believe that any licensee is violating any effective condition of his license, the Commission, or any agent or agency designated by it for such purposes, shall have power to issue and cause to be served upon such licensee a complaint stating the nature of the alleged violation and containing a notice of hearing before the Commission or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint. Any such complaint may be amended by the member, agent, or agency conducting the hearing or the Commission at any time prior to the issuance of an order based thereon. The licensee so complained of shall have the right to file an answer and to appear in person or otherwise and give testimony at the place and time fixed in the complaint and to invoke the compulsory processes of the Commission in summoning witnesses in its behalf. In the discretion of the Commission, its member, agent, or agency conducting the hearing any other person may be allowed to appear in the said proceeding to present testimony. In any such proceeding the rules of evidence prevailing in courts of law or equity shall not be controlling.
(c) The testimony taken by the Commission, its member, agent or agency, shall be reduced to writing and filed by the Commission. Thereafter in its discretion the Commission may take further testimony or hear argument. If upon all the testimony taken, the Commission shall be of the opinion that the licensee has violated any condition of his license, it shall state its findings of fact and shall issue and cause to be served upon the licensee an order revoking his license and forbidding the further use of labels or stamps upon his products. If upon all the testimony taken the Commission shall be of the opinion that the licensee has not
violated any condition of his license, then it shall state its findings of fact and shall issue an order dismissing the complaint.
(d) Until a transcript of the record in a case shall have been filed in a court, as hereinafter provided, the Commission may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it.
(e) The Commission shall have power to reissue any revoked license at any time upon presentation of satisfactory evidence of the willingness and capacity of the licensee applying for reissuance to comply with the conditions contained in such license, and upon the making of suitable restitution by such licensee to parties adversely affected by the violation for which the license was revoked.
(f) Any licensee or former licensee aggrieved by any action of the Commission in revoking or failing to issue or reissue a license may at any time within six months of the Commission's action obtain a review of such action in any circuit court of appeals of the United States in the circuit wherein the violation was alleged to have occurred or wherein such licensee or former licensee resides or has his principal place of business, or in the Court of Appeals of the District of Columbia, by filing in such court a written petition praying that the action of the Commission be modified or set aside. A copy of such petition shall be forthwith served upon the Commission, and thereupon the aggrieved party shall file in the court a transcript of the entire record in the proceeding, certified by the Commission, including the testimony upon which the action complained of was based and the findings and order of the Commission. Upon such filing the court shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the proceedings set forth in such transcript a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Commission. No objection that has not been urged before the Commission, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Commission as to the facts, if supported by any evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Commission, its member, agent, or agency, the Court may order such additional evidence to be taken before the Commission, its agent or agency, and to be made a part of the transcript. The Commission may inodify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which, if supported by any evidence, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the respective circuit court of appelals or the Court of Appeals of the District of Columbia shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States, upon writ of certivrari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (l'. S. C., title 28, sece. 346, 347).
(g) The commencement of proceedings under this section shall not, unless specifically ordered by the court, operate as a stay of the Commission's order.
(h) Petitions filed under this Act shall be heard expeditiously and, if possible, within ten days after they have been docketed.
Sec. 32. Upon refusal to issue a license or upon revocation of any license the Commission shall forthwith nothis all interested departments and agencies of the Government of such refusal o. revocation; thereupon all such departments and agencies of the Government shall aceept such notification and order as final and binding, until such order has been modified or set aside by a court of competent jurisdiction.
Sec. 33. (a) Whenever any question arises with respect to the revocation of any license for the alleged violation of the provisions relating to unfair labor practices, any interested party shall have the right to obtain a review of the action of the Commission thereon by filing an appeal with the National Labor Relations Board (created by the National Labor Relations Act, approved July 5, 1935). Thereafter the findings and conclusions of said Board shall, upon certification by the Board, be binding ou the Commission and on all parties to the proceeding.
(b) upon such certification the Commission may revoke the license of any licensee found guilty of an unfair labor practice or take other appropriate action