Pursuant to the authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and pending action upon a Code of Fair Competition to be presented by the National Association of Hosiery Manufacturers, I agree with the Conference Committee of the National Association of Hosiery Manufacturers representing the manufacturers of all types of hosiery, pending the approval of a Code of Fair Competition for the Industry that they shall be bound beginning July 26, 1933 by the provisions of certain articles of their proposed Code of Fair Competition for the Hosiery Industry to wit: "ARTICLE IV—HOURS OF WORK "On and after the date on which this Code goes into effect, no employer in the hosiery industry shall employ any employee in productive operations on a schedule of hours of labor which shall exceed 40 hours per week, it being understood that this does not apply to supervisors, foremen, engineers, electricians, repairshop men, dyers, shipping crews, watchmen, cleaners and outside crews. The productive operations of a plant shall not exceed two shifts of 40 hours each per week. Manufacturers of woolen hosiery may operate their carding equipment not to exceed three shifts of 40 hours each pending the adoption of a code for the wool industry. Such manufacturers may also operate their knitting equipment not to exceed three shifts of 40 hours each until December 31, 1933, after which their knitting operations shall be limited to two shifts of 40 hours each. The work-week for productive operations, except dyeing, shall consist of five days of eight hours each. These days shall be Monday to Friday. From the date that this Article shall be put into effect tentatively, and until the date on which the Code shall go into effect, full fashioned footing equipment which is operating one shift shall continue to operate one shift only, and full fashioned footing equipment which is operating more than one shift shall operate not to exceed two shifts. ARTICLE V—WAGES On and after the date on which this Code become effective the minimum wage, on the basis of forty hours labor per week, to be paid by all employers in the hosiery industry shall be at the following rates: The minimum wages in the Southern Territory, except for learners, and except as already indicated for Class 4 of Full Fashioned workers and Class 3 of Seamless workers, shall be below those given above by an amount not to exceed 10 %. The exact minima for the Southern territory shall be defined by the Hosiery Industry Board of Control on or before the date on which the Code shall go into effect. ARTICLE X—RIGHTS OF EMPLOYERS All manufacturers of hosiery shall respect and be bound by the provisions of Section No. 7 (Sub-section A) of the National Industrial Recovery Act, which provides: "(1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of its own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President." This agreement is offered to the President of the United States pursuant to Section 4 of the National Recovery Act, and addressed to General Hugh S. Johnson, Administrator, with the express understanding that this agreement is subject to cancellation or modification at any time without notice, and that its purpose is to raise, not to lower standards and that there will be no delay in the submission of the final Code for the Industry. Recommended for Approval by: HUGH S. JOHNSON. FRANKLIN D ROOSEVELT The White House, July 26, 1933.
Executive Order 6221-B—Code of Fair Competition for the National Association of Hosiery Manufacturers
Executive Brief • At a Glance
I agree with the Conference Committee of the National Association of Hosiery Manufacturers representing the manufacturers of all types of hosiery, pending the approval of a Code of Fair Competition for the Industry that they shall be bound beginning July 26, 1933 by the provisions of certain articles of their proposed Code of Fair Competition for the Hosiery Industry to wit: "ARTICLE IV—HOURS OF WORK "On and after the date on which this Code goes into effect, no employer in the hosiery industry shall employ any employee in productive operations on a schedule of hours of labor which shall exceed 40 hours per week, it being understood that this does not apply to supervisors, foremen, engineers, electricians, repairshop men, dyers, shipping…
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on July 26, 1933, this order concerns Code of Fair Competition for the National Association of Hosiery Manufacturers. I agree with the Conference Committee of the National Association of Hosiery Manufacturers representing the manufacturers of all types of hosiery, pending the approval of a Code of Fair Competition for the Industry that they shall be bound beginning July 26, 1933 by the provisions of certain articles of their proposed Code of Fair Competition for the Hosiery Industry to wit: "ARTICLE IV—HOURS OF WORK "On and after…
Key Directives & Operative Actions
I agree with the Conference Committee of the National Association of Hosiery Manufacturers representing the manufacturers of all types of hosiery, pending the approval of a Code of Fair Competition for the Industry that they shall be bound beginning July 26, 1933 by the provisions of certain articles of their proposed Code of Fair Competition for the Hosiery Industry to wit: "ARTICLE IV—HOURS OF WORK "On and after the date on which this Code goes into effect, no employer in the hosiery industry shall employ any employee in productive operations on a schedule of hours of labor which shall exceed 40 hours per week, it being understood that this does not apply to supervisors, foremen, engineers, electricians, repairshop men, dyers, shipping…
The productive operations of a plant shall not exceed two shifts of 40 hours each per week.
Such manufacturers may also operate their knitting equipment not to exceed three shifts of 40 hours each until December 31, 1933, after which their knitting operations shall be limited to two shifts of 40 hours each.
The work-week for productive operations, except dyeing, shall consist of five days of eight hours each.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 6221 (July 26, 1933), https://executiveordersarchive.org/orders/app-executive-order-6221-b-code-fair-competition-for-the-national-association-hosiery.