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NATIONAL RECOVERY ADMINISTRATION
HUGH S. JOHNSON, Administrator for Industrial Recovery
CODES OF FAIR COMPETITION
Nos. 196-244
AS APPROVED /,
JANUARY 1-JANUARY 31, 1934
WITH SUPPLEMENTAL CODES, AMENDMENTS, EXECUTIVE
AND ADMINISTRATIVE ORDERS ISSUED
BETWEEN THESE DATES
VOLUME V
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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
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CONTENTS
Industry
CODES OF FAIR COMPETITION
Wholesale Food and Grocery Trade
Retail Farm Equipment Trade
Railway Safety Appliance
Cork
Sanitary Napkin and Cleansing Tissue
Wholesaling or Distributing Trade
Carpet and Rug Manufacturing
Raw Peanut Milling
Plumbing Fixtures
Metal Window
Feldspar
Ball Clay Production
Picture Moulding and Picture Frame
Musical Merchandise Manufacturing
Pipe Organ
Robe and Allied Products
Drapery and Upholstery Trimming
Wool Trade
Slit Fabric Manufacturing
American Glassware
Powder Puff
Dental Laboratory
Slate
Bedding Manufacturing
Envelope
Metal Hat Die and Wood Hat Block
Card Clothing
Construction Machinery Distributing Trade
Furniture and Floor Wax and Polish
Smoking Pipe Manufacturing
Light Sewing Industry Except Garments
Wet Mop Manufacturing
Coin Operated Machine Manufacturing
Venetian Blind
Paper Bag Manufacturing
Surgical Dressings
Merchandise Warehousing Trade
Railway Brass Car and Locomotive Journal Bearings and
Castings Manufacturing
Macaroni
Textile Processing
Cooking and Heating Appliance Manufacturing
Alloy Casting
Fan and Blower
Porcelain Breakfast Furniture Assembling
Advertising Display Installation
Chewing Gum Manufacturing
Marine Auxiliary Machinery
Slide Fastener
Construction
Date ap-
proved,
1934
Jan.
Jan.
4
6
Jan. 12
Jan. 12
Jan. 12
Jan. 12
Jan. 12
Jan. 12
Jan. 13
Jan. 13
Jan. 16
Jan. 16
Jan. 16
Jan. 16
Jan. 16
Jan. 16
Jan. 16
Jan. 16
Jan. 16
Jan. 16
Jan. 17
Jan. 22
Jan. 22
Jan. 23
Jan. 23
Jan. 23
Jan. 23
Jan. 23
Jan. 23
Jan. 23
Jan. 23
Jan. 23
Jan. 23
Jan. 24
Jan. 26
Jan. 27
Jan. 27
Jan. 29
Jan. 29
Jan. 30
Jan. 30
Jan. 30
Jan. 30
Jan. 30
Jan. 30
Jan. 30
Jan. 30
Jan. 31
Jan. 31
(in)
IV
CONTENTS— Continued
AMENDMENTS
Automobile Manufacturing, No. 2
Retail Lumber, Lumber Products, Building Materials, and Build-
ing Specialties, No. 1
Bankers, No. 1
-Wool Textile, No. 1
Canning and Packing Machinery, No. 1
Men's Garter, Suspender, and Belt Manufacturing, No. 1
Plumbing Fixturers, No. 1
SUPPLEMENTS
Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coating, No. 1 (For Metallic Wall Structure hidus-
trial Subdivision)
Cotton Textile, No. 1 (Cotton Converting)
Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coating, No. 2 (For Hand Chain Hoist Manufac-
turing)
Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coating, No. 3 (For Chain Manufacturing)
Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coating, No. 4 (For Electric Industrial Truck Man-
ufacturing)
EXECUTIVE ORDER
Administration for Industrial Recovery (Authorization of Ad-
ministrator to appoint personnel, fix compensations, and con-
duct hearings)
Date, 1934
ADMINISTRATIVE ORDERS
Temporary modification of method of computing costs for the
Retail Lumber, Lumber Products, Building Materials, and
Building Specialties Industry
Temporary stay of Article XI for the Cement Industry
Establishment and use of Official N.R.A. Bulletin Board
Temporary approval of method of determining overhead costs
for the Buildings Supplies Trade
Temporary limitation of hours of machine operation in the
Combed Sales Yarn Group of the Cotton Textile Industry
Temporary limitation of machine operation of the Combed
Thread Producers Group of the Cotton Textile Industry in
respect of the production of Combed Yarn
Temporary limitation of machine operation of the Mercerizers
Group of the Cotton Textile Industry in respect of the pro-
duction of Combed Yarn
Temporary stay of Articles III, IV, and V for the Furniture
Manufacturing Industry
Temporary stay of Article IV, Section 3 for the Millinery
Industry
Regulations for registration of machinery and filing of monthly
reports of Finishing, Thread Manufacturing, and Yarn Mer-
cerizing Branches of the Cotton Textile Industry
Rules and regulations concerning labels bearing Emblems or
Insignia of the N.R.A
Jan. 8
Jan. 12
Jan. 22
Jan. 23
Jan. 27
Jan. 27
Jan. 31
Jan.
Jan.
10
24
Jan.
30
Jan.
31
Jan. 31
July 15,
1933
Jan.
Jan.
Jan.
5
5
6
Jan.
8
Jan.
10
Jan.
10
Jan.
10
Jan.
12
Jan.
12
Jan. 15
Jan. 17
CONTENTS— Continued
ADMINISTRATIVE ORDERS— Continued
Temporary exception for members of the Retail Trade under
Article V, Section 4 (d) and 6
Exemption of members from certain provisions of Article XI for
the Cement Industry, pending modification
Further limitation of hours of Printing Machine operation in the
Finishing Branch of the Cotton Textile Industry
Granting limited exemption from provisions of Codes of Fair
Competition in connection with sales to Hospitals
Modification of emergency requirement as to limitation of
hours of machine operation in the Carded Yarn Group of
the Cotton Textile Industry
Temporary limitation of hours of machine operation in the
Wide Bed Sheeting Group of the Cotton Textile Industry
Temporary relief under Article XI, Section (b) for the Cotton
Garment Industry
Further limitation of machinery operation in the Fine Goods
Group of the Cotton Textile Industrj"
Index.
Date,
1934
Page
Jaoi.
18
779
Jan,
23
780
Jan.
23
781
Jan.
23
782
Jan.
23
783
Jan.
23
784
Jan.
Jan.
27
29
785
786
787
CODES OF FAIR COMPETITION
Approved Code No. 196
CODE OF FAIR COMPETITION
FOR THE
WHOLESALE FOOD AND GROCERY TRADE
As Approved on January 4, 1934
BY
PRESIDENT ROOSEVELT
Executive Order
A Code of Labor Provisions for the Wholesale Food and Grocery
Trade was approved by me November 15, 1933. Application is now
made, pursuant to and in full compliance with the provisions of
Title I of the National Industrial Recovery Act, approved June 16.
1933, for my approval of further provisions for the Wholesale Food
and Grocery Trade and for the incorporation of said provisions with
provisions heretofore approved into a single Code of Fair Competi-
tion for the Wholesale Food and Grocery Trade, to become effective
in place of the Code of Labor Provisions heretofore approved.
Hearings having been held and the Administrator having rendered
his report on said Code of Fair Competition, together with his rec-
ommendations and findings with respect thereto, and the Adminis-
trator having found that said Code of Fair Competition complies
in all respects with the pertinent provisions of Title I of said Act
and that the requirements of clauses (1) and (2) of subsection (a)
of Section "3 of said Act have been met :
NOAV, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, and otherwise, do adopt and
approve the report, recommendations and findings of the Adminis-
trator and do hereby approve said further provisions for the Whole-
28771° 296-54 33 (1)
sale Food and Grocery Trade and do order that said Code of Fair
Competition as submitted be and it is hereby approved, to become
effective in place of said Code of Labor Provisions heretofore
approved subject to the following conditions:
(1) Section 13 of Article VII shall not be effective until 30 days
after this code becomes effective.
(2) Paragraph 4 of Section 12 of Article VII shall not be effective
until 30 days after the date this code becomes effective.
(3) The Administrator shall consider the right of the United
States Wholesale Grocer's Association to representation on the code
authority.
(4) A hearing shall be called as soon as practicable for the con-
sideration and determination of the questions referred to in the con-
ditions hereinbefore stated.
(5) Section 10 of Article VII is eliminated from the code.
(6) The Administrator shall have power, upon review, to disap-
prove any act of the code authority.
FRANKLIN D. ROOSEVELT.
Approval recommended :
Hugh S. Johnson,
Administrator.
The White House,
January ^, 193]^^
December 12, 1933.
The President,
The 'White House.
Sir: This is a report on the Code of Fair Competition for the
Food and Grocery Wholesale Trade.
A hearing was held on the wage and hour provisions of this Code
by officials of the National Recovery Administration on October 5,
1933, and approval was given to these provisions by the President
on November 15, 1933. A hearing was held by the Agricultural
Adjustment Administration on the fair trade provisions of the Code
on October 9, 1933, at which the National Recovery Administration
was represented.
The code was presented by duly qualified and authorized repre-
sentatives of the trade, complying with the statutory requirements,
and said to represent 75 percent in number and 90 percent in volume
of the trade.
THE TRADE
The Wholesale Food and Grocery Trade according to the Census
of Distribution (1929) is made up of 13,994 establishments with net
sales of $9,537,322,597. There are approximately 185,000 persons
emploj^ed in this trade.
It is estimated that the average work-week in the Wholesale Food
and Grocery Trade was 60 hours, and the provisions of this code
provide for a 44-hour work-week and should result in a reemploy-
ment of about 15 percent.
PROVISIONS OF THE CODE
The Code provides for a workweek of 44 hours. Provision is
made whereby an employer may work certain employees such hours
as may be necessary in excess of the hours mentioned above if time
and one third is paid for such additional hours per week.
The rates of pay are $14.50 per week in cities of over 500,000 popu-
lation, $14.00 per week in cities of 100,000 to 500,000 population,
$13.00 per week in cities of 25,000 to 100,000, and $11.00 per week
in cities under 25,000 population.
I recommend that the price differential provision in Section 13 and
the provision respecting transportation charges in paragraph 4 of
Section 12 be suspended for 30 days pending further hearing.
The United States Wholesale Grocer's Association has made repre-
sentations as to its right to be represented on the code authority.
The facts at hand do not permit a present determination and I sug-
gest that this question be considered at the same hearing.
I also recommend that the provision forbidding violations of the
food and drugs act be eliminated. Provision in codes for jurisdic-
tion ancillary to penal laws seems to me questionable.
(8)
I further recommend that the Administrator be given power, upon
review, to disapprove any act of the code authority.
The administration of the Code is organized in such a manner
as to include both wholesalers and retailers.
FINDINGS
I find that :
(a) This Code complies in all respects with the pertinent pro-
visions of Title I of the Act, including without limitation subsection
(a) of Section 7 and subsection (b) of Section 10 thereof.
(b) The National-American Wholesale Grocers' Association, the
Food and Grocery Chain Stores of America, National Retailer-
Owned Wholesale Grocers, and the National Voluntary Groups In-
stitute, presenting this Code are truly representative of the trade.
(c) The Code is not designed to promote monopolies or to elim-
inate or oppress small enterprises and will not operate to discrim-
inate against them and will tend to effectuate the policy of Title I
of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
Respectfully,
Hugh S. Johnson,
Ad'mini8traio7\
CODE OF FAIR COMPETITION
FOR THE
WHOLESALE FOOD AND GROCERY TRADE
To effect the policies of Title I of the National Industrial Recov-
ery Act this Code is submitted as a Code of Fair Competition for
the Wholesale Food and Grocery Trade, and upon approval by the
President its provisions shall be the standards of fair competition for
such trade and shall be binding upon every member thereof.
Article I — Request for Separate Code
Any division of the wholesale food and grocery trade which has
not participated in the formation or establishment of this Code may
make application to the Administrator to operate under a separate
Code of Fair Competition. The Administrator shall determine
whether such division of the wholesale food and grocery trade shall
operate under this Code or under a separate Code, and may, if justice
requires, stay the application of this Code to such division pending
his decision or pending the approval by the President of the United
States of a Code of Fair Competition for such division.
Article II — DEriNiTioNS
Section 1. Wholesale Food and Grocery Trade. — The term
" wholesale food and grocery trade " or " trade " as used herein shall
mean all selling or supplying to retailers, industrial buyers, restau-
rants, or institutions, or the selling on the part of one wholesaler to
another of food and/or grocery products, but shall not include the
selling or supplying of meat products (except in cans) fish or the
selling or supplying of fresh fruit and produce, and provided further
the term shall not include the selling or supplying of any food or
grocery product which is now or may hereafter be governed by a
separate code approved by the President of the United States. It is
further provided that the provisions hereof, other than the provi-
sions which are mandatory under the Act and those relating to ad-
ministration of the code, to hours of labor, rates of pay and other
conditions of employment, shall not be deemed binding upon such
subdivisions of the trade as shall in accordance with any Executive
Order of the President be subject to the jurisdiction of the Secretary
of Agriculture.
Sec. 2. Food and Grocery Wholesaler. — The term " food and
grocery wholesaler " or " wholesaler " as used herein shall mean any
individual or organization engaged wholly or substantially in the
wholesale food and grocery trade and distributing principally
through a privately controlled warehouse.
Sec. 3. Wholesale Food and Grocery Establishment. — The term
" wholesale food and grocery establishment " or " establishment " as
used herein shall mean any warehouse, office, or department of any
other establishment where a food and grocery wholesaler carries on
(5)
business, other than those places where the principal business is the
selling of merchandise at retail or the selling at wholesale of prod-
ucts not included within the definition of wholesale food and grocery
trade.
Sec. 4. Employee. — The term " employee " as used herein shall
mean any person employed by any food and grocery wholesale
establishment, but shall not include persons employed in establish-
ments engaged principally in the selling or handling of products
not included within the definition of wholesale food and grocery
trade; nor shall it include persons principally engaged in farming.
Sec. 5. Employer. — The term " employer " as used herein includes
anyone by whom such employee is compensated or employed.
Sec. 6. Ultimate Consumer. — The tenn " ultimate consumer " as
used herein is defined as a purchaser for home and personal use, and
not for use or consumption in trade or business or by institutions.
Sec. T. Executive. — The term " executive " as used herein shall
mean an employee responsible for the management of a business or
a recognized subdivision or department thereof.
Sec. 8. Professional Person. — The term " professional person " as
used herein shall mean research teclinicians, advertising specialists,
and other persons engaged in occupations requiring a special disci-
pline and special attainments.
Sec. 9. Outside Salesmen. — The term " outside salesman " as used
herein shall mean a salesman who is engaged not less than sixty
(60) percent of his working hours outside the establishment, or any
branch thereof, by which he is employed.
Sec. 10. Outside Collector. — The term " outside collector " as used
herein shall mean a collector of accounts who is engaged not less than
sixty (60) percent of his working hours outside the establishment,
or any branch thereof, by which he is employed.
Sec. 11. Maintenance Employee. — The term " maintenance em-
ployee " as used herein shall mean an employee who, through special
training or mechanical ability, is essential to the upkeep and/or
preservation of the premises and property of the establishment, and
shall not include such workers as porters, elevator operators, janitors,
and cleaners.
Sec. 12. Outside Service Employee. — The term " outside service
employee " as used herein shall mean an employee engaged primarily
in delivering, installing, or serAacing merchandise outside the estab-
lishment, and shall include stable and garage employees.
Sec. 13. Watchman. — The term " watchman " as used herein shall
mean an employee engaged primarily in safeguarding the premises
and property of the establishment.
Sec. 14. Junior Employee. — The term " junior employee " as used
herein shall mean an employee under eighteen (18) years of age.
Sec. 15. Apprentice Employee. — The term " apprentice employee "
as used herein shall mean an employee with less than six (6) months'
experience in the wholesale food and grocery trade.
Sec. 16. Part-time Employee. — The term " part-time employee "
as used herein shall mean an employee who works for less than the
maximum work week.
Sec-. 17. South. — The term " South " as used herein shall mean
Virginia, West Virginia, Maryland, North Carolina, South Carolina,
Georgia, Florida, Texas, Kentucky, Tennessee, Alabama, Mississippi,
Arkansas, Louisiana, Oklahoma, New Mexico, and the District of
Columbia.
Sec. 18. Population. — Population shall be determined by reference
to the Fifteenth Census of the United States (United States Depart-
ment of Commerce, Bureau of the Census, 1930).
Sec. 19. President., Act, Administrator. — The terms " President ",
"Act ", and "Administrator " as used herein shall mean, respectively,
the President of the United States, the National Industrial Recovery
Act, and the Administrator appointed under Title I of said Act.
Article III — ErFECxn'E Date
The provisions of this Code shall become effective on the seventh
day after their approval by the President.
Article IV — General Labor Provisions
Section 1. Collective Bargaining. — (a) 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 ])rotection.
(b) 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
his own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Sec. 2. Child Labor. — On and after the effective date of this Code
no person under the age of sixteen (16) years shall be employed.
It is provided, however, that where a State law prescribes a higher
minimum age, no person below the age specified by such State law
shall be emploj'ed within such State.
Article V — Operating Hours and Hours of Labor
Section 1. Operating Hours. — ^No wholesale grocer shall operate
on a schedule of less than fifty-two (52) hours per week, except that
where any wholesaler was operating less than fifty-two (52) hours
per week prior to June 1, 1933, the minimum requirement shall not
apply nor shall such hours be reduced.
Sec. 2. Basic Hours of Labor. — No employee, except as hereafter
provided, shall work more than forty-four (44) hours per week, nor
more than nine (9) hours per day, nor more than six (6) days per
week.
Sec. 3. Exceptions to Maximum Hours of Labor — (a) Profes-
sional Persons:. — The maximum periods of labor prescribed in Sec-
tion 2 of this Article shall not apply to professional persons emploj^ed
and working at their profession.
28771° 296 — 54— — 33 2
8
(b) OiUside Salesmen^ Outside Collectors^ and 'Watchmen. — The
maximum periods of labor prescribed in Section 2 of this Article
shall not apply to outside salesmen, outside collectors, and watchmen,
but in no case shall such employees work more than six (6) days
per week.
(c) 'Outside Service and Sales Department Employees. — The
maximum periods of labor prescribed in Section 2 of this Article
shall not apply to outside service employees nor to billing and ship-
ping clerks, and cashiers working in conjunction with outside service
employees in work of such nature that any inequality of hours would
interrupt the routine of the outside service department, but such
employees shall not work more than forty-eight (48) hours per week
unless they are paid at the rate of time and one third for all hours
over forty-eight (48) hours per week.
(d) Maintenance Employees. — The maximum periods of labor pre-
scribed in Section 2 of this Article shall not apply to maintenance
employees, but such employees shall not work more than forty-eight
(48) hours per week, unless they are paid at the rate of time and
one third for all hours over forty-eight (48) hours per week.
(e) Executives. — The maximum periods of labor prescribed in
Section 2 of this Article shall not apply to executives receiving not
less than $35,00 per week.
(f) Peak Periods. — At Christmas and other peak periods, for a
period not to exceed two weeks in the first six months of the calendar
year and not to exceed three weeks in the second six months, em-
ployees may work not more than fifty-two (52) hours per week and
ten (10) hours per day.
For inventory purposes employees may work during one week in
each calendar year (8) hours in excess of the maximum hours pre-
scribed in Section 2 of this Article.
All such work may be without the payment of overtime.
Sec. 4. Hours of Work to he Consecutive. — The hours worked by
any employee during each day shall be consecutive, provided that an
interval not longer than one hour may be allowed for each regular
meal period, and such interval need not be counted as part of the
•employee's working time. Any rest period which may be given em-
ployees shall not be deducted from such employee's working time.
In communities where a longer lunch period has been customary any
establishment may, with permission of the Local Food and Grocery
Authority, allow employees a longer period than one hour for lunch
but such period shall in no event exceed one and one half hours.
Sec. 5. Extra Working Hour One Day a Week. — On one day each
week, employees may work one extra hour, but such hour is to be
included within the maximum hours permitted each week.
Sec. 6. Co7iflict with State Laws. — When any State law prescribes
for any class of employees shorter hours of labor than those pre-
scribed in this Article, no employee included within such class shall
be employed within such State for a greater number of hours than
such State law allows.
Sec. 7. Agreement for Uniformity of Store Hours. — Any whole-
sale trade area containing ten (10) or more wholesale grocers, within
a town or city, may by mutual agreement of two thirds (%) of its
wholesale grocery, subject to the approval of the Administrator, es-
tablish uniform operating hours which shall be binding upon all
wholesale grocers within such area.
Article VI — Wages
Section 1. Basic Schedule of Wages. — On and after the effective
date of this Code, the minimum weekly rates of wages which shall
be paid for a work week, as specified in Article V, whether such
wages are paid upon an hourly, weekly, monthly, commission, or
any other basis shall, except as provided hereafter, be as follows :
(a) Within cities of over 500,000 population, no employee shall be
paid less than at the rate of $14.50 per week for a forty-four (44)
hour w^ork week, or less than at the rate of $15 per week for a
forty-eight (48) hour work week.
(b) Within cities of from 100 000 to 500,000 population, no em-
ploj'ee shall be paid less than at the rate of $13.50 per week for a
forty-four (44) hour work week, or less than at the rate of $14 per
week for a forty-eight (48) hour work week.
(c) Within cities of from 25,000 to 100,000 population, no em-
ployee shall be paid less than at the rate of $12.50 per week for a
forty-four (44) hour work week, or less than at the rate of $13 per
week for a fortj'-eight (48) hour work week.
(d) Within cities, towns, villages under 25,000 population, the
wages of all classes of emploj^ees shall be increased from the rates
existing on June 1, 1933, by not less than twenty (20) percent,
provided that this shall not require an increase in wages to more than
the rate of $11 per week, and provided further that no employees
shall be paid less than at the rate of $10 per week.
(e) The minimum wages of professional persons, outside collectors,
watclmien, maintenance and outside service employees shall be upon
the basis of a fortj'-eight (48) hour employee work week.
Sec. 2, Outside Salesmen. — The minimum wages specified above
shall not apply to outside salesmen, when employed on a commission
basis.
Sec. 3. Juniors and Apprentices. — Junior employees and ap-
prentice employees may be paid at the rate of $1 less than the mini-
mum wage otherwise applicable. It is provided, however, that no
individual employee shall be classified as both a junior and an
apprentice employee, and it is further provided that the number of
employees classified as junior and apprentice employees combined
shall not exceed a ratio of one such employee to every five (5) em-
ployees or fraction thereof up to twenty (20), and one such em-
ployee for every ten (10) employees above twenty (20).
Sec. 4. Employees Physically Incapacitated. — Employees who are
physically incapacitated may, of their own volition, waive their
right to minimum wages, but no employer shall employ such workers
at less than the rate of $8 per week, and no employer shall include
within the classification of physically incapacitated employees more
tlian one employee for every twenty (20) employees, or fraction
thereof.
Sec. 5. Part-time Employees. — Part-time employees shall be paid
not less than at an hourly rate proportionate to the rates specified
in the foregoing Sections of this Article.
10
Sec. 6. Southern Wage Differential. — In the South all minimum
wages specified in the foregoing Sections may be at the rate of $1
less per week.
Sec. 7. 'Weekly Wages Above MinimuTn not to he Reduced. — The
weekly wages of all employees receiving more than the minimum
wages specified in this Article shall not be reduced below the rates
existing on June 1, 1933, notwithstanding any reduction in tha
number of working hours of such employees.
Sec. 8. Conf.ict with State Laws. — When any State law pre-
scribes for any class of emploj^ees of either sex a higher minimum
wage than that prescribed in this Article, no employee of such class
of either sex employed within that State shall be paid less than
such State law requires.
Article VII — Trade Practices
Section 1. Inaccurate Advertising. — No food and grocery whole-
saler shall publish advertising (whether printed, radio, display, or
of any other nature) which is misleading or inaccurate in any ma-
terial particular, nor shall any wholesale grocer in any way mis-
represent any goods including but without limitation, their use,
trade mark, grade, quality, quantity, origin, size, substance, char-
acter, nature, finish, material, content, or preparation, or credit
terms, values, policies, services, or the nature or form of the business
conducted.
Sec. 2. Price Discri^nination. — Discrimination in prices or terms
of sale against purchasers of the same quantity under the same con-
ditions of delivery and credit services for the same class of buyers
(taking into consideration the service rendered by the seller or re-
quired from the buyer) is prohibited. Locality or sectional price dis-
crimination which is designed or effective to unduly injure com-
petitors is further prohibited.
Sec. 3. Limitation Upon Price Increases. — No food and grocery
wholesaler shall increase the price of any merchandise sold after the
effective date of this Code over the price existing June 1, 1933, by-
more than is made necessary by the amount of increases in produc-
tion, operating, replacement, and/or invoice costs of merchandise,
and/or by taxes or other costs resulting from action taken pursuant
to the National Industrial Recovery Act and/or the Agricultural
Adjustment Act since June 1, 1933, and in setting such price in-
creases wholesalers shall give full weight to probable increases in
sales volume. It is provided, however, that if any price on June 1,,
1933, was a distress price, an equitable adjustment may be made.
Sec. 4. Unearned Service Payments. — No food and grocery whole-
saler shall pay a trade buyer for a special advertising or other dis-
tribution service by such buyer (a) except in pursuance of a written
contract made in good faith and explicitly defining the service to be
rendered and the payment for it; and (b) unless such service is
rendered and such payment is reasonable and not excessive in
amount; and (c) unless such contract is separate and distinct from
any sales contract and such payment is separate and distinct irom
any sales price and is not designed or used to reduce a sales price;
and (d) unless such payment is equally available for the same service
to all competitive trade buyers in the same competitive market; and
n
(e) unless a copy of each such contract is retained on file for a
period of one year. In order to investigate alleged violations of
this Code, the Administrator may require a food and grocery whole-
saler to report such contracts made by him and/or to produce a copy
thereof for inspection.
Sec. 5. Unearned Discounts for Cash. — No food and grocery whole-
saler shall allow or accept a discount for cash which is not earned
by payment in accordance with the cash discount terms published
or used by the seller with respect to other food and grocery whole-
salers.
Sec. 6. Compulsory Purchases. — No food and grocery wholesaler
shall compel a buyer to purchase one product in order to purchase
or obtain another.
Sec. 7. Commercial Bribery. — No food and grocery wholesaler
shall give, permit to be given, or directly offer to give, anything of
value for the purpose of influencing 'or rewarding the action of any
emplo3'^ee, agent, or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such agent
or the represented party, without the knowledge of such employer,,
principal, or party. The provision shall not be construed to pro-
hibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
Sec. 8. Unfair Suhstitution. — No food and grocery wholesaler
shall unfairly substitute another product for that ordered from him.
Sec. 9. Inaccurate Lahelling. — No food and grocery wholesaler
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.
Sec. 10. Violation of Federal Food and Drugs Act. — No food and
grocery wholesaler shall knowingly sell a commodity adulterated or
misbranded in violation of the Federal Food and Drufi:s Act.*
Sec. 11. Inaccurate References to Competitors., etc. — No food and
grocery wholesaler shall publish advertising which refers inaccu-
rately in any material particular to any competitor or his goods,
prices, values, credit terms, policies, or services.
Sec. 12. Loss Limitation Provision. — In order to prevent unfair
competition against local merchants, selling merchandise at less than
cost, except to other food and grocery wholesalers, is hereby declared
to be an unfair trade practice. This practice results, of course, either
in efforts by the merchant to make up the loss by charging more than
a reasonable profit for other articles, or else in driving the small mer-
chant with little capital out of legitimate business. It works back
against the producer of raw materials on farms and in industry and
against the labor so employed.
1. This declaration against selling at less than cost does not pro-
hibit a merchant from selling an article without any profit to him-
self. But the selling price of articles to the customer should include
an allowance for actual wages of labor, to be fixed and published
from time to time by the Administrator and the members of the
Code Authority appointed by the Administrator in accordance with
the provisions of Article Vlll, Section 1, herein.
• Deleted as per paragraph 5 of Executive Order approving this Code.
12
2. The cost of merchandise shall include the net purchase price
plus transportation charges to the seller's warehouse and transporta-
tion charges from the wholesaler to his customer, when such charges
are paid by the wholesaler.
3. The Code Authority, subject to the approval of the Adminis-
trator, shall prescribe the method and conditions by which " net
purchase price " shall be determined by the individual wholesaler.
Such action of the Code Authority shall be taken within thirty
days after the effective date of this Code.
4. " Transportation charges from the wholesaler to his customer "
shall mean transportation charges to point of delivery; provided,
however, that no transportation charges need be added on hauls
under twenty-five miles. On all hauls of twenty-five miles or over
the transportation charge as herein mentioned shall be the lowest
published rate by or for any common carrier.
Notwithstanding the provisions of the foregoing paragraphs, any
food and grocery wholesaler may sell any article of merchandise
at a price as low as the price set by any competitor in his trade
area on merchandise which is identical or essentially the same, if
such competitor's price is set in conformity with this provision. A
food and grocery wholesaler who thus reduces a price to meet a
competitor's price, as above defined, shall not be deemed to have
violated the provisions of this Section- if such wholesaler immedi-
ately notifies the Food and Grocery Distributors' Code Authority
of such action and all facts pertinent thereto.
Notwithstanding the provisions of the foregoing paragraphs, any
food and grocery wholesaler may sell at less than the prices specified
above, merchandise sold as bona fide clearance, if advertised, marked,
and sold as such; highly perishable merchandise, which must be
promptly sold in order to forestall loss; imperfect or actually dam-
aged merchandise, or bona fide discontinued lines of merchandise, if
advertised, marked, and sold as such; merchandise sold upon the
complete final liquidation of any business; merchandise donated for
chfiritable purposes or to unemploj^ment relief agencies.
Sec. 13. Di-fferentidls. — ^Where manufacturers, importers, mills, or
other primary sellers sell coincidentally to wholesalers and retailers,
the Code Authority, subject to the approval and with the advice oi
the Administrator, maj^ arrange for a conference of all interested
parties, including primarj' sellers or the Code Authority governing
them, either through the medium of the hereinafter designated Food
and Grocery Industry Conference Committee, or as otherwise pro-
vided in this Section, for the purpose of defining and establishing
price differentials which shall be fair and reasonable in relation to
the nature and extent of the distributing services and functions ren-
dered by each buying class. Such differentials shall include all ele-
ments affecting the net price, such as discounts, tenns, and allowances.
The Code Authority, or if so determined, the Food and Grocery
Industry Conference Committee, with the advice and consent of the
Administrator and after all interested parties shall have been given
an opportunity to be heard on the matter, shall formally announce
the price differentials which are deemed fair on specific products.
13
Nothin<T in this Section shall be construed to abridge the right of
manufacturers to sell direct to retailers or the right of retailers to
buy direct from manufacturers.
Nothing in this Section shall be construed to prevent reasonable
and fair price differentials from being allowed on the basis of quan-
tity purchased or such other factors as the Administrator shall deem
proper.
Sec. 14. Prison-Made Goods. — Pending the formulation of a com-
pact or code between the several States of the United States to in-
sure the manufacture and sale of prison-made goods on a fair com-
petitive basis with goods not so produced, the following provisions:
of the Section will be stayed for ninety (90) days, or further at
the discretion of the Administrator :
(a) "Where any penal, reformatory or correctional institution^
either bj^ subscribing to the code or compact hereinbefore referred
to, or by binding agreement of any other nature, satisfies the Ad-
ministrator that merchandise produced in such institution or by the
inmates thereof will not be sold except upon a fair competitive basis,
with similar merchandise not so produced, the provisions of para-
graph (b) hereof shall not apply to any merchandise produced in
such manner in the institutions covered by such agreement.
(b) Except as provided in the foregoing paragraph, no food and'
grocery wholesaler shall knowingly buy or contract to buy any mer-
chandise produced in whole or in part in a penal, reformatory, or-
correctional institution. After May 31, 1934, no food and grocery
wholesaler shall knowinglj^ sell or offer for sale such merchandise^
Nothing in this Section, however, shall affect contracts, which the
wholesaler does not have the option to cancel, made with the respect
to such merchandise before the approval of this Code by the Presi-
dent of the United States.
(c) Nothing in this Section shall be construed to supei^sede or in-
terfere with the operation of the Act of Congress approved January
19, 1929, being Public, No. 669, of the 70th Congress and entitled
"An Act to Divest Goods, Wares, and Merchandise Manufactured^
Produced or Mined by Convicts or Prisoners of their Interstate
Character in Certain Cases ", which Act is known as the Hawes-
Cooper Act, or the provisions of any State legislation enacted under-
or effective upon, the effective date of the said Hawes-Cooper Act^
the said effective date being January 19, 1934.
Article VIII — Administration
Section 1. National Food and Grocery Distrihittors'^ Code Au-^
thority — (a) Composition. — A National Food and Grocery Dis-
tributors' Code Authority shall be established in accordance with
the provisions of this Article and the provisions of the Code of Fair-
Competition for the Retail Food and Grocery Trade to cooperate
with the Administrator in the joint administration of this Code and
of the Code for the Retail Food and Grocery Trade. Such Code
Authority shall consist of one member, elected by a fair method of
selection approved by the Administrator, by each of the national
wholesale food and grocery trade associations presenting this Code,,
one member similarly elected from any other association which the:
u
Administrator upon application shall recognize as representing an
important branch of the wholesale food and grocery trade, and such
other members as may be elected from the retail food and grocery
trade in accordance with the Code of Fair Competition for such
trade approved by the President.
The Administrator may appoint a member or members, who may
participate without vote in all activities of the Code Authority.
(b) General Powers. — The National Food and Grocery Distribu-
tors' Code Authority shall represent the wholesale food and grocery
trade in the administration of this Code, and shall have, in addition
to the specific powers herein conferred, all general powers necessary
to assist the Administrator or his deputy in such administration.
(c) Beports. — The National Food and Grocery Distributors' Code
Authority, subject to the approval or upon the request of the Admin-
istrator, shall require from all food and grocery wholesalers such
reports as are necessary to effectuate the purposes of this Code. Each
food and grocery wholesaler shall keep a record of his business
transactions by such an accounting system as will inform him of the
essential particulars of his business, including records of purchase
invoices and of hours worked by, and wages paid to, all employees.
(d) Recomniendations. — The National Food and Grocery Distrib-
utors' Code Authority may from time to time present to the
Administrator recommendations, based on conditions in the trade,
which will tend to effectuate the operation of the provisions of this
Code and the policy of the National Industrial Recovery Act. Such
recommendations shall, upon approval by the Administrator, become
operative as part of this Code.
(e) State and Local Code Authorities. — The National Food and
Grocery Distributors' Code Authority shall, subject to the approval
of the Administrator, supervise the setting up of State and Local
Code Authorities for the purpose of assisting in the administration
of this Code within States and local trading areas.
(f) Expenses. — The expenses of the administration of this Code
shall be equitably assessed and collected by the Code Authority,
subject to the approval of the Administrator.
Sec. 2. Food and Grocery Industry Conference Gomrrdttee. — The
National Food and Grocery Distributors' Code Authority shall
appoint representatives to serve on a Food and Grocery Industry
Conference Committee to be composed of representatives from food
and grocery manufacturers and from food and grocery wholesalers
and retailers. The Food and Grocery Industry Conference Com-
mittee shall act as a planning and coordinating agency for the entire
food and grocery trade.
Sec. 3. Interpretations. — The Administrator may from time to
time, after consultation with the National Food and Grocery Dis-
tributors' Code Authority, issue such administrative interpretations
of the various provisions of this Code as are necessary to effectuate
its purposes.
Sec. 4. Exceptions in Gases of Unusual or Undue Hardships. —
Where the operation of the provisions of this Code imposes an
unusual or undue hardship upon any food and grocery wholesaler or
group of wholesalers, such wholesaler or group of wholesalers may
15
make application for relief to the Administrator or to his duly
authorized agent, and the Administrator or his agent may, after such
public notice and hearing as he may deem necessary, grant such excep-
tions to or modification of the provisions of this Cogle may be re-
quired to effectuate the purposes of the National Industrial Recovery
Act.
Article IX — General
Section 1. ISIembership in the national food and grocery whole-
sale associations represented upon the National Food and Grocery
Distributors' Code Authority shall be open to all wholesalers of that
branch of the wholesale food and grocery trade which said associa-
tions respectively represent, and said associations shall impose no
inequitable restrictions upon admission to membership therein.
Sec, 2. In addition to the information required to be submitted to
the National Food and Grocery Distributors' Code Authority, there
shall be furnished to g-overnment agencies such statistical infurma-
tion as the Administrator may deem necessary tor the purposes re-
cited in Section 3 (a) of the National Industrial Recovery Act.
Sec. 3. The provisions of this Code shall not be interpreted or
applied to promote monopolies or monopolistic practices or to elimi-
nate or oppress small enterprises or to discriminate against them.
Sec. 4. No food and grocery wholesaler shall use any subterfuge
to frustrate the spirit and intent of this Code, which is, among other
things, to increase employment, to shorten hours of work, and to
raise wages to a living basis.
Sec. 5. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Section 10 (b) of Title I of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said Act.
Sec. 6. Such of the provisions of this Code as are not required to
be included herein by the National Industrial Recovery Act may,
with the approval of the President, be modified or eliminated as
changes in conditions or experience may indicate. It is contem-
plated that from time to time supplementary provisions to this Code,
or additional codes, will be submitted for the approval of the Presi-
dent to prevent unfair competitive practices and to effectuate the
other purposes and policies of Title I of the National Industrial
Recovery Act.
Approval Code No. 196.
Registry No. 123-3-10.
o
Approved Code No. 197
CODE OF FAIR COMPETITION
FOR THE
RETAIL FARM EQUIPMENT TRADE
As Approved on January 6, 1934
ORDER APPROVING CODE OF FAIR COMPETITION FOR
THE RETAIL FARM EQUIPMENT TRADE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June IG, 1933, for approval of the Code of
Fair Competition for the Retail Farm Equipment Trade, and hear-
ings having been duly held thereon ; and an analysis, report, recom-
mendation and findings on said Code by the Administrator directed
to the President having been made, which are incorporated herein
b}^ reference; and it being found that said Code complies in all
respects with the pertinent provisions and will promote the policy
and purposes of Title I of said Act, and specifically that the re-
quirements of Clauses (1) and (2) of Subsection (a) of Section 3
of said Act have been met :
NOW, THEREFORE, pursuant to the authority vested in the
President by Title I of the National Industrial Recovery Act, ap-
proved June 16, 1933, and otherwise ; and pursuant to authority
vested in the undersigned Administrator for Industrial Recovery
by Executive Orders, including Order dated December 30, 1933, and
otherwise; it is ordered that the said Code of Fair Competition bo
and it hereby is approved in the name of the President.
The President of the United States of America,
By Hugh S. Johnson
Ad7ninist7'ator for Iiidustrial Recovery,
Approval recommended :
Malcolm Muir
Division A chninistrator,
Washington, D.C,
January 6, 1934-.
31344° 313-33 34 (17)
The President,
The 'White House.
Sir: This is a report on the Code of Fair Competition for the
Retail Farm Equipment Trade of the United States, the hearing
having been held in Washington October 17, 1933, in accordance
with the provisions of the National Industrial Recovery Act.
PROVISIONS ON HOURS AND WAGES
The distribution of farm equipment is made, to a large extent,
through retail hardware dealers who are operating under the terms
of the Retail Code. It is, therefore, essential that the provisions for
hours and wages be identical with tlie Retail Code except for addi-
tional provisions for overtime during crop failure which create a
real emergency and for the employment of superannuated or par-
tially disabled employees.
ECONOMIC EFFECT OF THE CODE
The reduction in hours will show an increase of approximately 15
percent in number of employees with a consequent increase in pay-
roll. The adoption of the minimum wage rate will also be pro-
ductive of increases in many communities where employees have be^n
decidedly underpaid.
Approximately twenty thousand employees are regularly engaged
in the trade, serving rural communities through 12,000 implenient
and hardware stores located in these rural trade areas.
Total sales of equipment through members of the trade amounted
to $519,000,000 in 1929. It is a trade so closely identified with
agricultui-e that planting and harvest periods coupled with emer-
gency crop failures constitute peak periods.
Increased employment will be effected largely through the addi-
tion of part-time emploj^ees during the peak seasons. It is estimated
that approximately three thousand part and full time employees
will be added and that payrolls will be increased by at least $300,000
yearly as a result of the application of the Code to the trade.
It will be noted that although members of the trade in towns or
trade areas of less than 2,500 population and employing less than
five persons are exempt from the hour and wage requirements of
the code, the application of all other provisions is universal to all
the trade.
FINDINGS
I find that —
(a) The Code will promote the policies and purposes of Title I of
the Act, including removal of obstructions to the free flow of inter-
(18)
19
state and foroio^n commerce which tend to diminish the amount
thereof and will provide for the general welfare by promoting the
organization of industry for the purpose of cooperative action among
trade groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervision,
by eliminating unfair competitive practices, by promoting the full-
est possible utilization of the present productive capacity of indus-
tries, by avoiding undue restriction of production (except as may
be temporarily required), by increasing the consumption of indus-
trial and agricultural products through increasing purchasing power,
by reducino; and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Trade normally employs less than 50,000 employees ; and
is not classified by me as a major industry.
(c) The Code as revised complies in all respects with the pertinent
provisions of Title I of the Act, including without limitation Sub-
section (a) of Section 3, Subsection (a) of Section 7, and Subsection
(b) of Section 10 thereof; and that the Retail Farm Equipment
group was and is a trade group truly representative of the aforesaid
Trade; and that said group imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, this Code has been approved by me.
Respectfully,
Hugh S. Johnson,
Administi^ator,
Washington, D.C,
Januainj 6^ lOSJf..
CODE OF FAIR COMPETITION
FOR THE
RETAIL FARM EQUIPMENT TRADE
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Kecovery Act, the following provisions are submitted as a Code of
Fair Competition for the retail farm-equipment trade, and, upon
approval of the Administrator, shall be the standard of fair compe-
tition for such trade, and shall be binding upon every member
thereof.
Article II — Definitions
(a) The term " retail farm-equipment trade " as used herein, in-
cludes distributing at retail of all equipment and repair parts for
the operation, upkeep, and development of the farm, including rais-
ing, harvesting, and storing of crops, dairying, stock, and poultry
raising, or any other agricultural pursuit.
(b) The qualifications of a " dealer " are that he shall have a
suitable place of business vrith an adequate stock to serve the com-
munity in which he operates; shall have the proper means commen-
surate with the volume of business in that commmiity of displaying
goods in current demand ; shall carry a reasonable supply of rej^airs
properly to serve his customers; shall have a sufficient investment in
nis business that he may be able to perform the duties above out-
lined ; and furnish the usual legitimate service necessary properly to
promote his business and conduct his affairs upon such a basis as
will assure permanency of business relationship.
Nothing in this section (b) shall be construed to exclude in any
way as a member of the trade and/or from the operation of this code
anyone who distributes at retail equipment and/or repair parts for
the operation, upkeep, and development of the farm, as defined in
section (a) of this Article II.
(c) The term " employee " as used herein, is anyone engaged in
the trade in any capacity receiving compensation for his services,
irrespective of the nature, or method of payment, of such compen-
sation.
(d) The term "employer" as used herein, includes anyone by
whom any such employee is compensated or employed.
(e) The term " member of the trade " includes anyone, including
individuals, firms, coopartnerships, corporations, cooperative asso-
(20)
21
ciations, commission agencies, agents, contract dealers, and manu-
facturers' retail store representatives and all other legal entities
engaged in the trade.
(f ) The t€rms " President ", "Act ", and "Administrator ", as used
herein shall mean, respectively, the President of the United States,
the National Industrial Recovery Act, and the Administrator for
Industrial Recovery under Title I of said Act.
(g) The term " South " as used herein shall mean Virginia, West
Virginia, Maryland, North Carolina, South Carolina, Georgia,
Florida, Kentucky, Tennessee, Alabama, Mississippi, Arkansas.
Louisiana, Oklahoma, New Mexico, Texas, and the District oi
Columbia.
(h) Population shall be determined by reference to the 1930 Fed-
eral Census.
(i) Junior employee : The term " junior employee " as used herein
shall mean an employee under eighteen (18) years of age.
(j) Apprentice Employee: The term "apprentice employee" as
used herein shall mean an employee with less than six (G) months
experience in the retail trade.
Article III — Membership
(a) Membership in the Federation of Implement Dealers' Asso-
ciations of the United States is and shall be open to any dealer
engaged in the distribution at retail of farm equipment and repair
parts as defined above, through membership in an affiliated associa-
tion, or through individual membership.
(b) No inequitable restrictions on admission to membership are or
may be imposed by the Federations or any of their constituent asso-
ciations hereinbefore or hereinafter referred to.
(c) Membership by a dealer in the Federations of Implement
Dealers' Associations of the United States, or any of their constituent
associations shall not be requisite for the purchase of farm equipment.
Article IV — Administration
(a) Immediately^ following the effective date of this Code as pro-
vided in Article XIV, the Administrator shall appoint a tem-
porary Code Authority which shall consist of six members, three of
whom shall be appointed from the members of the Code Committee
of the National Farm Implement Dealers' Association and three
from the Code Committee of the Eastern Federation of Farm Equip-
ment Dealers, and not more than three members, without vote, to
represent the Administrator or such groups or interests as may be
agreed upon. Such temporary Code Authority so established shall
serve for a period of not to exceed sixty days immediately following
the said effective date of the Code and shall have all the powers,
duties, and obligations herein provided for the Central Code
Authority.
22
(b) Within sixty daj^s immediately following the effective date
of the Code, as provided in xirticle XIV, the permanent Central
Code Authority shall be organized and constituted to succeed to
all the powers, duties, and obligations of the temporary Code
Authority provided in Section (a) of this Article. The Central Code
Authority shall consist of one member from each constituent associ-
ation of the Federations of Implement Dealers Associations of the
United States, to be elected by the respective associations, each mem-
ber to have equal vote, and not to exceed seven additional members to
be elected by members of the trade who are nonmembers of the
Federations and who have agreed to conform with the provisions of
and bear their reasonable share of the cost of administering the Code,
each said nonmember to have equal vote. The Administrator may
appoint not more than three members of said Central Code Authority,
without vote, to represent him or such groups or interests as may be
agreed upon.
(c) Members of the trade shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to par-
ticipate in the selection of the members thereof by assenting to and
complying with the requirements of this Code, and sustaining their
reasonable share of the expenses of its creation and administration.
The reasonable share of the expense of creation and administration
shall be determined by the Code Authority, subject to review by the
Administrator, on the basis of volume of business and/or such other
factors as may be deemed equitable to be taken into consideration.
(d) The Central Code Authority shall have the following duties
and powers to the extent permitted by this Act, subject to the ri^ht
of the Administrator on review to approve or disapprove any actaon
taken by the said Central Code Authority.
The Central Code Authority shall be charged with the administra-
tion of the provisions of this Code, and with the duties thereof,
through agents or otherwise; of conducting hearings and adjusting
complaints, considering proposals for amendments to this Code,
making recommendations thereon, and otherwise administering its
provisions.
The Central Code Authority shall elect from its membership an
Executive Committee of five members, with representation thereon
from each division.
Because of the wide variance in a^cultural conditions and prac-
tices of the eastern and western sections of the United States, there
are hereby created for the purpose of administration the following
divisions :
The Eastern Division of the Federations is comprised of the
following constituent associations :
New England Farm Equipment Dealers' Association
New York Farm Equipment Dealers' Associatlou
Eastern Farm Equipment Dealers' Association
Virginia Farm Equipment Dealers' Association
North Carolina Farm Equipment Dealers' Association
Western Pennsylvania Farm Equipment Dealers' Association
3
The Western Division of the Federations is comprised of the
following constituent associations :
Western Retail Implement and Hardware Association
Minnesota Implement Dealers' Association
Iowa Implement Dealers' Association
Wisconsin Implement Dealers' Association
Michigan Farm Equipment Association
Illinois Implement Dealers' Association
North Dakota Implement Dealers' Association
South Dakota Implement Dealers' Association
Mississippi Valley Farm Equipment Association
Mid-West Implement Dealers' Association
Pacific Northwest Hardware and Implement Association
Indiana Implement Dealers' Association
Kentucky Hardware and Implement Association
Mountain States Hardware and Implement Association
Oregon Retail Hardware and Implement Association
California Retail Hardware and Implement Association
Panhandle Hardware and Implement Association
Idaho Retail Hardware and Implement Association
Montana Implement and Hardware Association
Ohio Implement Dealers' Association
Texas Hardware and Implement Association
The Executive Committee shall appoint a managing director for
each of the two divisions, eastern and western, each such managing
director to appoint his own assistants and define the territory to be
served b}' each director.
The Executive Committee shall also appoint a board of three
members of the Central Code Authority from each of the two di-
visions, each such board to act in a strictly advisory capacity to the
managing director of its ow^n division.
The Central Code Authority may establish other divisions and
define the territory to be served by each, and such divisions shall
be accorded representation on the Central Code Authority.
For the administration of this code in each division or subdivision
of the association, the Central Code Authority shall appoint appro-
priate agencies and delegate to them all necessary power and au-
thority for the administration of this code within each division and
subdivision.
(e) To obtain from members of the trade such information and
reports as are required for the administration of the Code and to
provide for submission by members of such information and reports
as the Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act, which information and reports shall be
submitted by members to such administrative and/or government
agencies as the Administrator may designate ; provided that nothing
in this Code shall relieve any member of the industry of any existing
obligations to furnish reports to an}?^ government agency. No indi-
vidual reports shall be disclosed to any other member of the trade
or any other party except to such governmental agencies as may be
directed by the Administrator.
31344° 313-33 34 2
24
Article V — Maximuim Working Hours
Section 1. On and after the effective date of this Code establish-
ments in the retail trade shall elect to operate upon one of the fol-
lowing schedules of hours of labor.
(a) Any establishment may elect to remain ojsen for business less
than fifty-six (56) hours but not less than fifty-two (52) hours per
week, unless its store hours were less than fifty-two (52) hours prior
to June 1, 1933, in which case such establishment shall not reduce its
store hours; no employee of an establishment electing to operate in
accordance with this Section (a) shall work more than forty (40)
hours per week, nor more than eight (8) hours per day, nor more
than six (6) days per week,
(b) Any establishment may elect to remain open for business fifty-
six (56) hours or more per week but less than sixty-tiiree (63) hours
per week; no employee of such establishment shall work more than
forty-four (44) hours per week, nor more than nine (9) hours per
day, nor more than six (6) daj^s per week.
(c) Any establishment may elect to remain open for business
sixty-three (63) liours or more per week^ no employee of such es-
tablishment shall work more than forty-eight (48) hours per week,
nor more than ten (10) hours per clay, nor more than six (6) daj^s
per week.
No employee shall work for two or more establishments a greater
number of hours, in the aggregate, than he would be permitted to
work for that one of such establishments which operates upon the
schedule of fewest operating hours.
No employee not included in the foregoing Sections (a), (b), and
(c) and not specifically excepted hereinafter, shall work more tlian
forty (40) hours per week, nor more than eight (8) hours per day,
nor more than six (6) days per week.
Sec. 2. On or within one week after the effective date of this Code
every retail establishment shall desigTiate under which of the Groups
set forth in the preceding Section 1 it elects to operate and shall post
and maintain in a conspicuous place in the establishment a copy of
such election showing its store hours and emploj^'ee working hours.
Sec. 3. (a) No establishment may change from the Group in which
it has elected to operate except upon December 31 of any year.
(b) Any establishment, however, may at any time increase its store
hours, provided it maintains the basic employee work week of the
Group in which it originally elected to operate.
(c) Any establishment may, for a period not to exceed three (3)
months during the Summer, temporarily reduce its store hours, but
the weekly wage of its employees shall not on that account be reduced.
Sec. 4. (a) Professional persons, outside salesmen, outside col-
lectors, field and repair service msn, and waichnien. — Tlie maximum
period of labor prescribed in Section 1 of this Article shall not apply
to professional persons emploj^ecl and working at their profession, or
to outside salesmen, outsicle collectors, field and repair service men,
and watchmen.
(b) Maintenance and outside service employees. — The maximum
periods of labor prescribed in Section 1 of this Article shall not apply
25
to maintenance and outside service employees; but such employeeg
shall not worlv more than six (6) hours per week above the maxi-
mum hours per v\-eek otherwise prescribed by Section 1 unless they
are paid at the rate of time and one-third for all hours over such
additional six (6) hours per week.
(c) Executives. — Subject to the conditions set forth in Section 5
of this Al tide, executives receiving $35.00 or more per week in cities
of over 5( 0,000 population, or receiving $30.00 or more per week in
cities of i 00,000 to 500,000 population, or receiving $27.50 or more
per week in cities of 25,000 to 100,000 population, or receiving $25.00
or more per week in cities, towns, villages, and other places under
25,000 population, ma}- work in excess of the maximum periods of
labor prescribed in Section 1 of this Article. In the South, execu-
tives paid not less than ten (10) percent below the wages so specified
may Avork in excess of such maximum periods.
(d) Peak periods. — At harvest, inventory, and other peak times,
for a period not to exceed two (2) weeks in the first six (6) months
of the calendar year and not to exceed three (3) weeks in the second
six (6) months, an employee whose basic workweek is forty (40)
hours may work not more than fortj'-eight (48) hours per week and
nine (9) hours per day; an employee whose basic workweek is forty-
four (44) hours may work not more than fifty-two (52) hours per
week and nine and one half (9i^) hours per day; an employee whose
basic workweek is forty-eight (48) hours may work not more than
fifty-six (56) hours per week and ten (10) hours per day. All such
work may be without the payment of overtime.
Sec. 5. In case of crop failure or the destruction of crops by hail,
black rust, or pests, such as boll weevil, Hessian fly, grasshoppers,
corn borer, chinch bugs and the like, creating an abnormal demand
for equipment for replanting or reseeding to other crops, any em-
ployee may be permitted to work more than eight (8) hours per day
{.t the regular daily rate of ]Day.
Sec. 6. Notwithstanding the provisions of the foregoing sections of
this Article, and regardless of the number of persons otherwise per-
mitted to work unrestricted hours, the total number of workers in
any establishment (whether such workers are executives, proprietors,
partners, persons not receiving monetary wages, or others) v/ho shall
be permitted to work unrestricted hours shall not exceed the following
ratio: In establishments comprised of twenty (20) workers or less
the total number of workers who may work unrestricted hours (not
ijicluding those workers specified in Section 4 (a) of this Article)
shall not exceed one worker for every five (5) workers or fraction
thereof; in establishments comprised of more than twenty (20)
workers the total number of workers who may work unrestricted
hours (not including those workers specified in Section 4 (a) of this
Article) shall not exceed one worker for every five (5) workers for
tbe first twenty (20) workers, and shall not exceed one worker for
every eight (8) workers above twenty (20).
Sec. 7. Hours of wm^h to he coihsecutive. — The hours worked by
any employee during each day shall be consecutive, provided that an
interval not longer than one hour may be allowed for each regular
meal period, and such interval not counted as part of the employee's
26
working time. Any rest period which may be given employees shall
not be deducted from such employee's working time.
Sec. 8. Extra ivorkinr/ hour on one day a week. — On one day each
week employees may work one extra hour, but such hour is to be
included within the maximum hours permitted each w^eek.
Article VI — Wages
Section 1. Basic scheduUs of wages. — On and after the effective
date of this Code, the minimum weekly rates of wages which shall
be paid for a work week as specified in Article V — whether such
wages are calculated upon an hourly, weekly, monthly, commission,
or any other basis — shall, except as hereinafter provided, be as
follows :
(a) Within cities of over 500,000 population, no employee shall
be paid less than at the rate of $14.00 per Aveek for a forty (40) hour
work week, or less than at the rate of $14.50 per week for a forty-
four (44) hour work week, or less than at the rate of $15.00 per week
for a forty-eight (48) hour work week.
(b) Within cities of from 100,000 to 500,000 population, no em-
ployee shall be paid less than at the rate of $13.00 per w^eek for a
forty (40) hour w^orkweek, or less than at the rate of $13.50 per
week for a forty-four (44) hour workM'eek, or less than at the rate
of $14.00 per week for a forty-eight (48) hour workweek.
(c) Within cities of from 25,000 to 100,000 population, no employee
shall be paid less than at the rate of $12.00 per week for a forty
(40) hour workweek, or less than at the rate of $12.50 per w-eek
for a forty-four (44) hour workweek, or less than at the rate of
$13.00 per week for a forty-eight (48) hour workweek.
(d) Within cities, towns, villages of from 2,500 to 25,000 popula-
tion the wages of all classes of employees shall be increased from
the rates existing on June 1, 1933, by not less than twenty (20)
percent, provided that this shall not require an increase in wages
to more than the rate of $11.00 per week and provided further that
no employee shall be paid less than at the rate of $10.00 per w^eek.
(e) Within towns, villages, and other places with less than 2,500
population, the wages of all classes of employees shall be increased
from the rates existing on June 1, 1933, by not less than twenty (20)
percent, provided that this shall not require an increase in wages to
more than the rate of $10.00 per week; subject, how^ever, to the
President's Executive Order of October 23, 1933, relating to the em-
ployment of five persons or less in towns of 2,500 population or less,
which is attached hereto and made a part hereof as Schedule A.
The minimum wages paid to professional persons, outside sales-
men, outside collectors, watchmen, field and repair service men, and
maintenance and outside service employees shall be upon the basis
of the basic employee workAveek upon Avhich the establishment by
Avhich they are employed has elected to operate.
The minimum Avages of any employee not included in the forego-
ing paragraphs and not specifically excepted hereinafter shall be
upon the basis of a forty (40) hour workAveek.
27
A person Trhose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
Sec. 2. Jurdoi^s and apprentices. — Junior and apprentice employees
may be paid at the rate of $1.00 less per week than the minimum
wage otherwise applicable; it is provided, however, that no em-
ployee shall be classified both as a junior and as an apprentice
employee, and it is further provided that the nimaber of employees
classified as junior and as apprentice employees, combined, shall not
exceed a ratio of one such employee to every five employees or frac-
tion thereof up to twenty (20), and one such employee to every ten
(10) employees above twenty (20).
Sec. 3. Southern roage differential. — In the South, within cities
of over 25,000 population, the minimum wages prescribed in the
foregoing sections may be at the rate of $1.00 less per week; within
cities, towns, and villages of from 2,500 to 25,000 population the
wages of all classes of employees shall be increased from the rates
existing on June 1, 1933, by not less than twenty (20) percent, pro-
vided that this shall not require an increase in wages to more than
the rate of $10.00 per week, and provided further that no employee
shall be paid less than at the rate of $9.00 per week except as pro-
vided in Section 2 of this Article; within cities, towns, villages,
and other places under 2,500 population the wages of all classes of
employees shall be increased from the rates existing on June 1, 1933,
by not less than twenty (20) percent, provided that this shall not
require an increase in wages to more than the rate of $9.00 per week.
Sec. 4. Part-time employees. — Part-time employees shall be paid
not less than at an hourly rate proportionate to the rates prescribed
in the foregoing sections of this Article.
Sec. 6. 'Weekly wages above minimum, not to he reduced. — The
weekly wages of all classes of employees receiving more than tha
minimum wages prescribed in this Article shall not be reduced from
the rates existing upon July 15, 1933, notwithstanding any reduction
in the number of working hours of such employees.
Article VII — GENEiiAL Labor Provisions
Section 1, Collective hargaining. — (a) Employees shall have the
right to organize and bargain collectively through representatives
of their own choosing, and shall bs free from the interference, re-
straint, or coercion of employers of labor, or their agents, in the
designation of sucl^representatives or in self-organization or in other
concerted activities for the purpose of collective bargaining or other
mutual aid or protection.
(b) 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
his own choosing.
28
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the Administrator.
Sec. 2. Child lahor. — On and after the effective date of this Code,
no person under the age of sixteen (16) years shall be employed,
except that persons fourteen (14) and fifteen (15) years of age may
be employed either —
(a) for a period not to exceed three (3) hours per day during six
(6) days in any one week, or
(b) for one day per week, such day not to exceed eight (8) hours.
In either case, all such hours of work shall be between 7 a.m. and
7 p.m. and shall not conflict with the employee's hours of day school.
It is provided, however, that no person under the age of sixteen (16)
years shall be employed in delivering merchandise from motor
vehicles.
Sec. 3. No provision of this Code shall supersede any law within
any State which makes more stringent requirements on emploj^ers as
to hours of work, wages, or age of employees than are imposed by
this Code.
Sec. 4. Each employer shall post in conspicuous places, accessible to
employees, full copies of this Code.
Sec. 5. Employers engaged only locally in the trade (and not
in a business in or affecting interstate commerce) who do not employ
more than five persons and who are located in towns of less than 2,500
population which are not in the immediate area of a city or town
of larger population than 2,500 shall not be subject to the operation
of Articles V and VI and Sections 2 and 4 of this Article VII.
Aeticle VIII — Trade Practices
The following practices constitute unfair methods of competition
for the members of the retail farm equipment trade and are pro-
hibited :
(a) Price cutting. — No member of the trad© shall sell any product
in the Trade at a price below his own individual cost. However, any
member may meet the price competition of any one whose costs under
this code provision are lower. Cost is defined as the wholesale in-
voice price, plus transportation cost, plus overhead. Overhead
shall include all elements of expense (including servicing) which
are involved in the conduct of the business as may be determined
by an accounting method to be proposed by the Code Authority and
approved by the Administrator.
Nothing in this Section (a), Article VIII, shall apply to the sale
of merchandise which is obsolete, damaged, or the sale of which is
being discontinued by said dealer, provided same are labelled, ad-
vertised, or offered for sale as such, but no discontinued merchandise
shall be sold below cost if a new dealer has offered to buy the same
imder Section (d) of this Article.
(b) Advertising. — The making or causing or knowingly permit-
ting to be made or published any false, materially inaccurate, or
deceptive statements by way of advertising or otherwise, whether
concerning the grade, quantity, quality, substance, character, nature,
29
origin, size, finish, or preparation, of any merchandise offered for
sale by the trade, or the credit terms, values, policies, or service of
any member of the trade or otherwise, having the tendency or capac-
ity to mislead customers or prospective customers.
(c) Interference with contractual, relations, — Wilfully inducing
or attempting to induce the breach of existing contracts between com-
petitors and their customers by any false or deceptive means what-
soever, or interfering with or obstructing the performance of any
such contractual relations or services by iiny such means, with the
purpose and effect of unduly hampering, injuring, or embarrassing
competitors.
(d) Transfer of dealer agency contracts. — To accept from the
manufacturer the transfer of a dealer agency contract without
offering to purchase from the former agent his marketable stock of
that line of merchandise at replacement prices of identical goods pro-
vided, however, that there shall be no such obligation to offer to
purchase from a dealer who has violated the provisions of his
contract with the manufacturer, or has voluntarily discontinued
contractual relations with such manufacturer.
(e) Secret rebates. — The secret payment or allowances of rebates,
refunds, commissions, or credits, or discounts, whether in the form oi
money or otherwise, or the secret extension to any purchaser of
privileges or services not extended to all purchasers under like terms
or conditions.
(f ) Pridon-made goods. — Pending the formation of a compact or
code between the several states and the United States to insure the
manufacture and sale of prison-made goods on a fair competitive
basis with goods not so produced, the following provisions of this
code shall be stayed for a period of ninety days, but not thereafter :
(1) To protect free labor against the competition of products pro-
duced in penal, charitable, or reformatory institutions or by the
inmates thereof, it is hereby declared to be an unfair act of competi-
tion and a violation of this code to sell, offer for sale, or deliver
prison made products at prices lower than that at which similar
goods made by free labor can be sold under the provisions of this
Code.
(2)) Nothing herein shall be construed to supersede or interfere
with the operation of the Act of Congress approved January 19,
1929, being Public No. 669 of the 70th Congress and entitled"' "An
Act to Divest Goods, Wares, and Merchandise Manufactured, Pro-
ducedj or Mined by Convicts or Prisoners of their Interstate Char-
acter m Certain Cases ", which Act is known as the Hawes-Cooper
Act, or the provisions of any state legislation enacted thereunder
or effective upon the effective date of said Hawes-Cooper Act, the
said effective date bein^ January 19, 1934.
(g) Trade-ins. — Sellmg trade-in merchandise or livestock below
the price allowed thereon by the member of the trade plus thp. cost,
if any, of reconditioning such merchandise ; provided, however, that
such sale price upon trade-in merchandise or livestock remaining
unsold at the end of the first year after it was traded in may be re-
duced not to exceed 25 percent of the price allowed thereon, (plus
cost, if any, of reconditioning) ; provided, further, that trade-in
30
merchandise or livestock remaining unsold at the end of the second
year after it w& j traded in may be sold without restriction.
(h) Other unfair 'practices. — Nothing in this code shall limit the
effect of any adjudication by the courts or holding by the Federal
Trade Cominission on complaint, finding and order that any practice
or method is unfair provided that such adjudication or holding is not
inconsistent with any provision of the Act or of this Covde.
Article IX — Monopolies
No provision of this code shall be so applied as to permit monopo-
lies or monopolistic practices or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X — Coordination
It shall be the policy of this trade to coordinate the administration
of this code with such codes, if any, as may be adopted by any sub-
divisions of this trade or related trade, with a view of providing
joint and harmonious action on all matter's of common interest.
Article XI — Violations
Violations of this Code or any subdivision thereof, or the violation
of any approved rules issued thereunder or of any agreement entered
into under this Code, or the violation through any false statement
or report made to the President or the Code Authority b}^ any person
subject thereto shall, after determination thereof by the Administra-
tor, constitute an unfair method of competition and the offender shall
be subject to the penalties provided by law.
Abticle XII — Modification
(a) This code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this code or any conditions
imposed by him upon his approval thereof.
(b) This code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Administrator and
such notice of hearing as he shall specify, and to become effective on
his approval.
Article XIII — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
service increase as rapidly as wages, it is recognized that price in-
31
creases should be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increases in the seller's
costs.
Aeticle XIV — ErrECTm: Date
This code and amendments thereto shall be in effect beginning the
third Monday after approval thereof by the Administrator, and
shall apply to all members of the trade, excepting that those mem-
bers of the trade located in towns of less than 2,500 population are
permitted labor exemptions only as provided in Section 5, Article
VII.
Approved Code No. 197.
Eegistry No. 1303-07.
SCHEDULE A
EXECUTIVE ORDER
In order to effectuate tlie policy of title I of the National Industrial Re-
covery Act, approved June 16, 1933, and to provide for equitable enforcement
of agreements heretofore made with the President and codes approved by
the President under said act. I, Franklin D. Roosevelt, President of the United
States, pursuant to the authority vested in me by title I of said National
Industrial Recovery Act, hereby prescribe the following rules and regulations
which shall have the effect of modifying any inconsistent provisions of any
order, approval, rule or regulation heretofore issued under title I of said act.
1. The provisions of the President's reemployment agreement, issued July 27,
1933, shall not be held to apply to employers engaged only locally in retail trade
or in local service industries (and not in a business in or affecting interstate
commerce) who do not employ more than five persons and who are located in
towns of less than 2,500 population (according to the 1930 Federal census)
which are not in the immediate trade area of a city of larger population, except
so far as such employers who have signed the President's reemployment agree-
ment desire to continue to comply with the terms of said agreement after the
date of this order ; and this release of such employers who have heretofore signed
the President's reemployment agreement shall be further extended so as to
release to the same extent all such employers of obligations not voluntarily
assumed under the provisions of a code of fair competition approved by the Presi-
dent. This exemption is intended to relieve small business enterprises in small
towns from fixed obligations which might impose exceptional hardship, but it
Is expected that all such enterprises will conform to the fullest extent possible
■with the requirements which would be otherwise obligatory upon them.
2. In view of general increases in prices which may or may not be justified
in specific instances by increased costs caused by compliance with the Presi-
dent's reemployment agreement, or with approved codes of fair competition, the
Administrator for Industrial Recovery is hereby directed to cause to be con-
ducted such investigations as may be necessary to determine the extent to
which manufacturers and producers have increased prices following, or in
anticipation of, the approval of codes of fair competition, or after the signing
of the President's reemployment agreement, and to set up adequate organiza-
tions for the handling of complaints against such price increases and of local
complaints against retail price increases alleged to be contrary to the require-
ments of codes of fair competition, or the President's reemployment agreement,
or In conflict with the policy of the National Industrial Recovery Act.
FRANKLIN D. ROOSEVELT.
The White House,
October 23, 1933.
(32)
o
Approved Code No. 198
CODE OF FAIR COMPETITION
FOR THE
RAILWAY SAFETY APPLIANCE INDUSTRY
As Approved on January 12, 1934
Order Approving Code of Fair Competition for the Railway
Safety Appliance Industry
An aiDplication having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved Jvme 16, 1933, for approval of a Code of
Fair Competition for the Railway Safety Appliance Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference said annexed re-
port and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
Hugh S. Johnson,
Adininistrator for Industrial Recovery.
Approval recommended :
Malcolm Mihr,
Division A dniln is t rat or.
Washington, D.C.
January 12, 1934.
29903° 29(5-213 34 (33)
The President.
The White House.
Sib : TMs is a report on the Code of Fair Competition proposed
for the Rail^vay Safety Appliance Industry and on the hearing
conducted thereon in Washington. D.C.. on October 11. 1933. in
accordance with the provisions of the National Industrial Recoverv
Act.
RZSrTME OF CODE AS TO WAGES AXD HOEUS
The Code provides that 8 hours shall constitute the normal number
of working hours per day. and 40 hours the normal number of work-
ing hours per week, and that employees shall not be permitted to
work in excess of an average of 4<-> hours per week in any 4 months'
period, the first of which periods shall begin on the effective date
of the Code. These provisions are applicable to all employees except
traveling salesmen, outside service men. watchmen, who may be per-
mitted to work 56 hours per week, and persons employed in mana-
gerial, executive, or technical work receiving not less than S35.00 per
week.
The minimum rates of pay provided for production labor are 40
cents per hour for men and 35 cents per hour for women, and
where women replace men such women shall receive the same rates
of pay as received by the men so replaced. Time and one half shall
be paid production employees for ea^h hour worked in excess of 8
hours per day or 40 hours per week.
Ail other employees are to be paid not less than S15.00 per week,
except that a limited number of learners and office boys or girls
may be paid not less than SO percent of the above minima.
Equitable adjustments are to be made of all wage rates above
gaid minima.
Child labor is prohibited and no person under 18 years of age
shall be employed in hazardous occupations.
GENERAL STATEMENT
The Railway Safety Appliance Manufacturing Industry is a capi-
tal goods industry. It comprises the design, development, manu-
facture, sale, and installation of power brake, signal and train-
control systenLs. and parts. Its products are designed for the safe-
guarding of movements of cars, locomotives, or trains. Its single
customer, therefore. \s. the Railways, which customarily place orders
on their own initiative as the need for equipment arises, rather than
upon solicitation by members of the Industry.
(34)
3d
The investment in the Industry is approximately ?113,000,000,
and the number of wage earners in normal times about 11.000 per-
sons, with an estimated annual pay roll of $20,000,000.
In 19'2S. which is considered a normal year, operation was at the
rate of approximately 54 percent of capacity, with a value of pro-
duction of about ^oiOOO.OOO. Operation in 19-29 was about CS per-
cent of capacity: in 1930 — 57 percent; in 1931—30 percent: and in
1932 — 20 percent. The estimate for 1933 is about 11 percent of
capacity.
Orders for repair and maintenance of parts which, in a normal
year, amount to approximately 15 percent of the total volume
of production, in 1933 have represented about 95 ^jercent of the
volimie of production. Xew installation business is anticipated
in 1934 which will add measurably both to the number of employees
and the pay rolls of the Industry.
I believe that the Code is fair to Industry, to Labor, and to the
Public, and is in accordance with the intent and purpose of the
National Industrial Recovery Act.
FrsniXGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter :
I find that —
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act. including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
ride for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining imited action of labor and management
imder adequate govermnental sanctions and supervision, by eliminat-
ing imfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consimiption of industrial and agricul-
tural products through increasing purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) Said Industry normally employs nut more than 50.<XX) em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in ail respects with the j)erti-
nent provisions of said Title of said Act. including without limitation
Subsection (a) of Section 3. Subsection (a) of Section 7. and Sub-
section {b) of Section 10 thereof: and that the applicant group is
an industrial group truly representative of the aforesaid Industry;
and that ^aid group imposes no inequitable restrictions on admission
to membei-ship therein.
(d) The Code is not designed to and will not permit monopolies
nor monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not oi>erate to discrimmate against them.
36
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore. I have approved this Code.
Respectful!}',
Hugh S. Johnson,
Administrator.
Washington. D.C,
January 12, 193 Jf.
CODE OF FAIR COMPETITION
FOR THE
RAILWAY SAFETY APPLIANCE INDUSTRY
Article I
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Railway Safety Appliance Industry and
upon approval by the President shall be the standards of fair com-
petition for such Industry and shall be binding upon every member
thereof.
ArTICLK 1 1 — DeF IX ITIOX s
"Wherever used in the Code or in any schedule appertaining thereto,
the terms hereinafter in this Article defined shall, unless the con-
text shall otherwise clearly indicate, have the respective meanings
hereinafter in this Article set forth. The definition of any such
term in the singular shall aj^ply to the use of such term in the plural
and vice ver.sa.
The terms " President ", "Act ", and '"Administrator ", as used
herein shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator of
Title I of said Act.
The term " the Industry' " means and includes the business of the
design, development, manufacture, sale, and installation of power
brake, signal, and train control .systems, and apparatus, appliances
and parts Avhicli have for their object the safeguarding of move-
ment of cars, locomotives, or trains on railways operated by steam
electricity, or other motive power.
The term '' member of the Industry "' means and includes but
without limitation any individual, firm, association, corporation,
trustee, receiver, or other form of enterprise, engaged in the Industry.
The term " the Code " means and includes this Code and all
schedules annexed hereto as originally approved by the President
and all amendments hereof and thereof made as hereinafter provided.
Except as otherwise required by any provision of the Code, the
term '' member of the Industry who assents to the Code " means any
member of the Industry who assents to the Code as hereinafter
l)rovided. ■ . • "<-'?
The term " Code Authority " means the Code Authority as from
time to time constituted whose members shall be chosen as hereinafter
]irovided.
The term " employee " as used herein includes any and all persons
engaged in the Industry, except a member of the Industry, however
compensated.
(37)
38
The term " employer " as used herein means anyone by whom
any such employee is compensated or employed.
The term " expiration date '' as used herein means June 16, 1935,
or the earliest date prior thereto on which the President shall by
proclamation or the Congress shall by joint resolution declare that
the emergency recognized by Section 1 of Title I of the National
Industrial Recovery Act has ended.
Article III — Hours
Section 1. Except as herein otherwise provided eight (8) hours
of labor shall constitute the normal number of working hours per
day and forty (40) hours of labor the normal number of working
hours per week for all employees, and no employee shall be permitted
to work in excess of an average of forty (40) hours per week in
any four (4) months' period, the first of which periods shall begin
on the effective date of the Code.
Sec. 2. No employer shall knowingly permit any employee to
work for any time which when totaled with that alread}' performed
with another employer or employers in the Industry exceeds the
maximum permitted herein.
Sec. 3. The provisions of this Article shall not apply to travelling
salesmen or to outside service men, persons employed in managerial,
executive, or technical work, or to members of their respective staffs
whose rate of pay is not less than thirty-five (35) dollars per week;
nor shall they apply to watchmen, who may be permitted to work
fifty-six (56) hours per week.
Article IV — Wages
Section 1. The minimum wage that shall be paid by any employer
to any employee engaged in the processing or installation of the
products of the Industry or in labor operations directly incident
thereto, shall be not less than forty (40) cents per hour for male
and thirty-five (35) cents per hour for female employees; provided,
that if males be replaced by females, for the same operations such
females shall receive the same rate of pay as the males received, and,
provided that learners may be paid not less than eighty (80) percent
of the above-stated minimum rates and that the number of learners
receiving less than such minimum rates shall not exceed five (5)
percent of the total number of such employees. Employees engaged
in the processing or installation of the products of the Industry and
in labor operations directly incident thereto shall be paid not less
than one and one half (II/2) times their regular hourly rates of pay
for all excess hours worked over eight (8) hours per day or forty
(40) hours per week.
Sec. 2. The minimum wage that shall be paid by any employer
to all other employees, except commission salespeople, shall be at
the rate of fifteen (15) dollars per week; provided, however, that
office boys and girls and student learners may be paid not less than
eighty (80) percent of such minimum wage, but the number of
such office bo3s or girls and student learners paid at a rate of less
than fifteen (15) dollars per week shall not exceed five (5) percent
39
of the total number of eiiiplo^'eos covered by the provisions of this
paragraph.
Sec. 3. The minimum rates of pay above established shall apply
irrespective of whether an employee is actually compensated on a
time rate, piecework, or other basis.
Sec. 4. Equitable adjustment in all pay schedules of factory em-
ploj'ees above the minima shall be made not later than fifteen
(15) days from the effective date of the Code by any employers
who have not theretofore made such adjustments, and the first reports
of wages, required to be filed under the Code, shall contain all wage
increases made since June 15th, 1933.
Sec. 5. A person whose earning capacity is limited because of age
or physical or mental handicap may be employed at a wage beloAv
the minima established by the Code if the employer obtains from
the State Authority designated by the United States Department of
Labor a certificate authorizing his employment at such wages and
for such hours as shall be stated in the certificate. Each employer
shall file with the Code Authority a list of all such employees so
employed by such employer.
Sec. 6. Emploj-ers shall not reclassify employees contrary to fact
with reference to work performed, with the intention of defeating
the purposes of the Act.
Article V — General Labor Provisions
Section 1. Employers shall not employ anyone under the age of
sixteen (16) years. No person under eighteen (18) years of age
shall be employed at operations or occupations which are hazardous
in nature or dangerous to health.
Sec. 2. As required by Sub-Section (a) of Section 7 of the
National Industrial Recovery Act :
(a) Employees shall have the right to organize and bargain col-
lectively 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;
(b) No employee and no one seeking emj)loyment shall be re-
quired as a condition of employment to join anj- company union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing; and
(c) Emploj^ers shall comply with the maximum hours of labor,
minimum rates of psi}\ and other conditions of employment, ap-
proved or prescribed by the President.
Sec. 3. AH employers shall post complete copies of the Code in
conspicuous places accessible to all employees.
Article VI — Administration of the Code
Section 1. A Code Authority is hereby constituted which shall con-
sist of seven members elected by the members of the Industry who
assent to the Code. The method of selection and voting shall be as
determined by the bylaws of the Code Authority of the Industry
40
subject to the approval of the Administrator. In addition to meiri-
bership as above provided, the Administrator may appoint a mem-
ber to the Code Authority, or not more than three members, such
member or members to sit without vote and to serve for terms as
fixed by the Administrator. Any such representative shall serve
without expense to the Industry unless by agreement approved by
the Administrator and, together with the Administrator, shall be
given notice of and ma}^ sit at all meetings of the Code Authority.
Sec. 2. Each trade or industrial association, directly or indirectly,
participating in the selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on membership, and (2)
submit to the Administrator true copies of its articles of association,
bylaw,s, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as may be necessary to effectuate the purposes of the
Act.
Sec. 3. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper, and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authority, or any subcode Authority.
Sec. 4. Members of the Industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to the Code as required by the bylaws and complying with the re-
quirements of the Code and sustaining their reasonable share of the
expenses of its administration. Such reasonable share of the ex-
penses of administration shall be determined by the Code Authority
on the basis of proportionate pay rolls as required by the bylaws.
Sec. 5. Any member of the Industry who desires to become an as-
senting member to the Code, may do so by signing and delivering to
the Secretary a letter substantially in the form set forth in Schedule
A annexed hereto.
Sec. 6. Nothing contained in the Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority. Nor shall any member, officer, agent, or employee
of the Code Authority exercising reasonable diligence in the conduct
of his duties hereunder, be liable to anyone for any action or omis-
sion to act under the Code, except for his own wilful misfeasance
or nonfeasance.
Sec. 7. The Code Authority shall have the following further
powers and duties:
(a) To use its best efforts to insure the execution of the pro-
visions of the Code and provide for the compliance of the Industry
Avith the provisions of the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the Industry such statistical in-
formation and reports as are required for the administration of the
}:
41
Code, which information and reports shall be submitted by the Code
Authority to ^ich administrative and/or government agencies as the
Administrator may designate; provided that nothing in the Code
shall relieve any member of the Industry of any existing obligations
to furnish reports to any government agency. No individual re-
ports shall be disclosed to any other member of the Industrj' or to
any other party except to such governmental agencies as may be
directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
lerein, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under the Code and that such
trade associations and agencies shall at all times be .subject to and
complj' with the provisions hereof.
(e) To secure from members of the Industry an equitable and
proportionate payment of the reasonable expenses of maintaining the
Code Authority and its activities.
(f) To initiate, consider, and make recommendations for the
modification or amendment of the Code.
Sec. 8. In addition to the information required to be submitted to
the Code Authority as set forth in this Article, there shall be fur-
nished to Government agencies such statistical information as the
Administrator may deem necessary for the purposes recited in
Section 3 (a) of the National Industrial Recovery Act.
Sec. 9. Any action taken by the Code Authority relative to tlie
Administration of this Code, except where specificallj^ made subject
to the approval of the Administrator, may, in the discretion of the
Code Authority, be submitted to the Administrator for approval, and
shall in any case be subject to the disapproval of the Administrator.
Article YII — Modification and Atmexdmexts
Section 1. The Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of the Code or an}- conditions
imposed b}' him upon his approval thereof.
Sec. 2. The Code, except as to the provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modifications to be based upon application to the
Administrator and such notice and hearing as he shall specify, and
to become effective on approval of the President.
Article VIII — Geneiial Provisions
Section 1. If any emploj^er in the Industry is also an employer
in any other industry, the provisions of the Code shall apply to and
{iffect only that part of the business and products, of such employer
which are included in the Industry'.
42
Sec. 2. No provision of the Code shall he so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
Article IX
The term " effective date of the Code " means 12 :01 a.m. on the
third Monday after the Code shall have been approved by the
President pursuant to the National Industrial Recovery Act.
Approved Code No. 198.
Registry No. 1413-01.
SCHEDULE A
FORM OF LETTEIl OF ASSENT TO THE CODE
, 193—.
To the Secniuiy of the Code Authority of the Code of Fair Competition for the
Railicay Safety AppUanee Industry.
Dear Sik : The uudersifrned, desiring; to Ixv-oine a member who assents to the
Code of Fair Competition for the Railway Safety Appliance Industry, a copy
of which is annexed hereto, marked Annex A, hereby assents to all of the
provisions of said Code (hereinafter referred to as the Code), and effective on
the third Monday after the date on wliicli the Code shall have been approved
by the President of the United States of America as therein provided, or as
of the date on which this letter shall have been delivered, if delivery thereof
shall have been made subsequent to the third IMonday after tlic Code shall have
been approved by said Pi'esident as aforesaid, by the signing and delivery of
this letter, becomes a member who assents to the Code and agrees to the By-Laws
of the Code Authority, a copy of which may be obtained from the Secretary
of the Code Authority.
For all purposes of the Code, the address of the undersigned, until it shall
file with the Secretary of the Code Authority written notice of a change of
such address, shall be as set fortli at the foot of this letter.
Very truly yours,
Address
(43)
o
Approved Code No. 199
CODE OF FAIR COMPETITION
FOR THE
CORK INDUSTRY
As Approved on January 12, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE CORK INDUSTRY
An application having been clul}- made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of the Code of
Fair Competition for the Cork Industry, and hearings having been
duly held thereon and the annexed report on said Code, containing
findings with respect thereto, having been made and directed to the
President i
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
AdTninistrator for Industrial Recovery,
Approval Recommended :
George L. Bekry,
Division Administrator.
Washington, D.C,
January 12, 1934.
81503° 313-38 34 (45)
The President,
The 'White House.
Sir : The public hearing on the Code of Fair Competition for the
Cork Industry of the United States, submitted by the Cork Institute
of America, located at 5935 Grand Central Terminal, New York, was
conducted in Washington, D.C., on the 25th of October, 1933, in
accordance with the provisions of the National Industrial Recovery
Act. The Association claims to represent 98% of the Industry.
The maximum hours established under this Code are forty (40)
per week, averaged over a three-month period, with a limitation of
forty-eight (48) hours in any one week. Exceptions are allowed for
executives, technical workers, or supervisors who receive not less
than thirty-five ($35.00) dollars per week, and to their immediate
nonproductive personal assistants receiving not less than twenty-five
($25.00) dollars per week, and outside salesmen; also employees en-
gaged in emergency repair work, firemen, engineers, truck drivers,
and shipping crews, provided they are paid one and one-half times
the regular rate of pay for all hours per week over forty-four (44).
Watchmen are allowed fifty-six (56) hours per week, provided they
are required to work only six days per week.
In 1929 this industry operated approximatelj^ 53 hours per week,
and in 1931 approximately 50 hours per week. During 1929 ap-
proximately 3,842 wage earners were employed, and in 1931 ap-
proximately 3,018 wage earners were employed. In order to bring
employment back to the 1929 level it would be necessary to adopt a
89.3 hour week. In view of these facts a 40-hour week would appear
equitable and justifiable, reabsorbing, as it will, approximately 755
wage earners in this industry.
The minimum wages established in this Code are thirty-eight (380)
cents per hour for males and thirty cents (30(i) per hour for females.
Protection of employees on piecework performance is guaranteed.
Exceptions to the minimum wage are allowed to learners, office
boys, and messengers, who shall receive 80 percent of the minimum,
and to handicapped persons whose earning capacity is limited, pro-
vided the employer obtains a certificate from the State authority
designated by the United States Department of Labor.
Wages in this Industry represented 18.3 percent of the value of
products in 1929, compared with 16.5 percent for all industries com-
bined. In 1931 wages in this line of activity represented 20.4 per-
cent of the value of products, compared with 17.4 percent for
combined industries.
Wage earners in 1931, on a 50-hour basis, were paid an average
of 38.6 cents per hour.
The increase in price to the purchaser should not represent more
than 7.4 percent by the increased wage rates and shortened hours.
If wages m this industry are maintained at the 1929 hourly average,
(46)
47
i.e., 39.7 cents per hour, and on the basis of a 40-hoiir week, the total
pay roll would increase $87,943.00.
The Deputy Administrator in his final report to me on said Code
having found as Iierein set forth and on the basis of all the proceed-
ings in this matter ;
I find that —
(a) Said Code is well designed to promote the policies and
purposes of Title I of the National Industrial Recovery Act,
including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount
thereof and will provide for the general welfare by promoting the
organization of industry for the purpose of cooperative action
among the trade groups, by inducing and maintaining united action
of labor and management under adequate governmental sanctions
and supervision, by eliminating unfair competitive practices, by
promoting the fullest possible utilization of the present productive
capacity of industries, by avoiding undue restrictions of production
(except as may be temporarily required), by increasing the con-
sumption of industrial and agricultural products through increasing
purchasing power, by reducing and relieving unemployment, by im-
proving standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is a trade association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
This Industry has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From the evi-
dence adduced during this hearing and from recommendations and
reports of the various Advisory Boards, it is believed that this Code
as now proposed and revised represents an effective, practical, equi-
table solution for this Industry and for these reasons has been
approved.
Respectfully,
Hugh S. Johnson,
A dmAnistraior.
January 12, 1934.
CODE OF FAIR COMPETITION
FOR THE
CORK INDUSTRY
Article I — Pueposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the Cork Industry and shall be the standard of fair competition
for this Industry and binding on every member thereof.
Article II — Definitions
Section 1. Wherever used in this Code or in any subdivisional
Code or amendment made a part hereof, the terms hereinafter de-
fined in this Article shall, unless the content shall otherwise clearly
state, be the respective meanings in this Code and in such subdivi-
sional Codes and amendments.
Sec. 2. The term " industry "^ as used herein, includes the manu-
facture and sale, including jobbing and wholesaling, of the products
of the industry, and branches or subdivisions thereof as may from
time to time be included under the provisions of this Code.
Sec. 3. The term " products of this industry ", as used herein,
includes corkwood and ground cork converted into cork products of
all descriptions, including: cork insulation and cork insulation ac-
cessories; cork stoppers; cork composition articles and specialties:
cork liners, whether plain or in combination with paper, metal foil
or other coating materials; cork marine goods; cork floor tile; and
all other products made primarily of cork which are manufactured
and sold by members or the Cork Industry. This includes also
special blocks with or without binder used exclusively for low
temperature insulation.
Sec. 4. The term " employee " as used herein includes anyone
engaged in the industry in any capacity receiving compensation for
his service, irrespective of the nature or method of payment of such
compensation.
Sec. 5. The term " employer " as used herein includes anyone by
whom any such employee is compensated or employed.
Sec. 6. The term learners " as used herein shall mean any em-
ployee who has had no previous experience or employment in this
industry.
Sec. 7. The term " member of the industry " includes anyone en-
gaged in the industry as above defined, either as an employer or on
is own behalf.
Sec. 8. The term " Institute " shall mean the Cork Institute of
America.
Seo, 9. The term " Board of Directors " shall mean the Board of
Directors of the Cork Institute of America.
(48)
49
Seo. 10. The term " Secretary " shall mean the Secretary of the
Cork Institute of America.
Seo. 11. The term "Division/Divisional Group " shall mean the
divisions of the Cork Institute of America which, as now constituted,
are as follows:
(a) Cork Insulation Manufacturers Division,
(b) Cork Stopper Manufacturers Division.
(c) Cork Composition and Cork Specialties Manufacturers Di-
vision.
'd) Cork Marine Goods Manufacturers Division.
e) Cork Floor Tile Manufacturers Division.
^f) Cork Bulletin and Display Board Manufacturers Division.
Sec. 12. The terms "Act " and "Administrator " as used herein
shall mean respectively the National Industrial Recovery Act and
the Administrator for Industrial Recovery.
Article III — Hours
MAXIMUM HOURS
Section 1. No employee shall be permitted to work in excess of an
average of forty (40) hours per week in any three (3) months' period
nor more than forty-eight (48) hours in any one week, except as
herein otherwise provided.
exceptions as to HOURS
Sec. 2. The maximum hours of work stipulated in this Article
shall not apply to executives, technical workers, or supervisors who
receive not less than thirty-five ($35.00) dollars per week; nor to
their immediate nonproductive personal assistants who receive not
less than twenty-j&ve ($25.00) dollars per week; nor to outside sales-
men: nor to any employee engaged in emergency repair work involv-
ing break-downs or protection of life or property; nor to firemen,
engineers, truck drivers, and shipping crews, provided, however,
that one and one half times the regular rate of pay shall be paid to
employees engaged in emergency repair work, firemen, engineers,
truck drivers and shipping crews for all hours worked in excess oi
forty-four (44) per week.
Sec. 3. Watchmen shall not be employed for more than fifty-six
(5G) hours in any one week, provided, however, that they shall not
be employed for more than six (6) days in any one week.
TEMPORARY EMPLOYEES
Sec. 4. Overtime at the rate of time and one half shall be paid
to any employee for all hours worked per week in excess of forty
(40) when the period of his employment is less than three months
and when the hours of his employment average more than forty
(40) hours per week for the period of such employment.
EMPLOYMENT BY SEVERAL EMPLOYERS
Sec. 5. No employee shall be permitted to work for a total number
of hours in excess of the number of hours herein prescribed for each
week, whether employed by one or more employers.
50
Article IV — Wages
MINIMUM WAGES
Section 1. No employee, hired on an hourly basis, shall be paid
less than at the rate of thirty-eisht (380) cents per hour for male and
thirty (300) cents per hour for female employees.
FEMALE EMPLOYEES
Sec. 2. The minimum rates established by this Article shall not in
any way be considered as a discrimination by reason of sex, and
where in any case female employees perform substantially the same
work as male employees, they shall receive the same rate of com-
pensation as male employees.
piece-work COMPENSATION MINIMUM WAGES
Sec. 3. This article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on time rate, piece-work performance, or other basis.
MINIMUM WAGE FOR OFFICE, CLERICAL, ETC.
Sec. 4. No accounting, clerical, office, service or sales employee (ex-
cept outside salesmen) shall be paid less than fourteen ($14.00)
dollars per week.
EXCEPTIONS TO MINIMUM WAGES
Sec. 5. The minimum wages stipulated for employees in Sections 1
and 4 of this Article shall not apply to learners, office boys, and
messengers, but the minimum rate of compensation for these em-
ployees shall be not less than eighty percent (80%^ of the minimum
rates established in Sections 1 and 4 of this Article, and the total
number of such persons employed by any member of the industry
shall not exceed five percent (5%) of the total number of regular
employees engaged by such member, except that those members of the
industry employing less than one hundred (100) wage earners shall
be entitled to employ one learner or one office boy or one messenger
to each five (5) regular wage earners, but in no case more than a
total of five (5) such employees. Learners shall not be employed
as such for a period longer than six (6) months.
HANDICAPPED PERSONS
Sec. 6. A person whose earning capacity is limited because of age
or physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State authority desimated by the United States
Department of Labor a certificate autliorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
51
WAGES ABOVE MINIMUM
Sec. 7. It is the policy of the members of this industry to refrain
from reducing compensation for employment which compensation
was, prior to June 16, 1933, in excess of the minimum wage herein
set forth, notwithstanding that the hours of work in such employ-
ment may be reduced; and all members of this industrj'^ shall en-
deavor to increase the pay of all employees in excess of the minimum
wage, as herein set forth, by an equitable adjustment of all pay
schedules.
Article V — General Labor Provisions
CHILD LAKOR
Section 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person under eighteen (18) years
of age shall be emploj^ed at operations or occupations which are
hazardous in nature or dangerous to health. In any State an em-
ployer shall be deemed to have complied with this provision as to
age if he shall have on file a certificate or permit duly signed by the
Authority in such State empowered to issue employment or age cer-
tificates or permits showing that the employee is of the required age.
provisions from the act
Sec. 2. In compliance with Section 7 (a) of the Act it is provided:
(a) Employees shall have the right to organize and bargain col-
lectively 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.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
reclassification of employees
Sec. 3. No employer shall reclassify employees or duties of occu-
pations performed by employees or engage in any other subterfuge
for the purpose of defeating the purposes or provisions of the Act or
of this Code.
standards for safety and health
Sec. 4. Every employer shall make reasonable provision for the
safety and health of his employees at the place and during the hours
of their employment.
52
STATE LAWS
Sec. 5. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, or sanitary or general working conditions, than are imposea
by this Code.
POSTING
Sec. 6. All employers shall post and keep posted complete copies
of the wage, hour, and General Labor Provisions of this Code in
conspicuous places accessible to employees.
Article VI — Organization and Constitution of Code Authority
ADMIN^STRATION
Section 1. A Code Authority is hereby established to cooperate
with the Administrator in the administration of this Code and shall
consist of the membership of the Board of Directors of the Institute.
The Administrator, in his discretion, may appoint not more than
three additional members without vote, and without compensation
from the Industry, to serve for such period of time, and to represent
the Administrator or such group or groups as he may designate.
Sec. 2. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper; and thereafter, if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, he may re-
quire an appropriate modification in the method of selection of
the Code Authority.
POWERS AND DUTIES
Sec. 3. The Code Authority shall have the following further
powers and duties, the exercise of which shall be subject to the right
of the Administrator, on review, to disapprove of any action taken
b}' the Code Authority :
(a) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(b) To use the secretary or any other person, association, or
group, as it may deem proper, for the carrying out of its activities
provided for herein, provided that nothing herein shall relieve the
Code Authority of its duties or responsibilities under this Code, and
that such trade associations and agencies shall at all times be subject
to and comply with the provisions hereof.
(c) To make investigations as to the functioning and observance of
any of the provisions of this Code, at its own instance or on com-
plaint by any person affected, and report the same to the Ad-
ministrator.
(d) To obtain from members of the Industry such information
and reports as are required for the administration of the Code and
53
to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information shall be
submitted by members to such administrative and/or governmental
agencies as the Administrator may designate, provided that nothing
in this Code shall relieve any member of the industry of any existing
obligation to furnish reports to any governmental agency. Such
data shall be compiled by the Secretary in a form which will not
reveal the data of an individual member of the Industry and in this
form may be made available to the members of the industry as
directed by the Code Authority, unless otherwise directed by the
Administrator.
(e) To collect statistics of sales, unfilled orders, production, stocks
on hand, shipments, hours of laoor, rates of pay, number of em-
ployees, prices, and such other data as may be required by the
Administrator, such data to be compiled b^y the Secretary in a form
which will not reveal the data of an individual member of the
industry.
(f ) Upon termination of the activities of the Code Authority all
data and statistics then on file with the Secretary which were sub-
mitted by any member of the industry shall be returned to such
member upon request unless the disposition of such data and statis-
tics is otherwise directed by the Administrator.
(g) To allocate assessments among the divisional groups of the
Institute and to collect from those members of the Industry par-
ticipating in the activities of the Code Authority an equitable and
proportionate share of the reasonable expenses of maintaining the
Code Authority and its activities.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry in their relations
with each other or with other industries, and to recommend to the
Administrator measures for Industrial Planning, including stabili-
zation of employment.
Sec. 4. Each divisional gi'oup of the Industry shall have its own
separate and distinct planning committee, known as the Division
Executive Committee, and such executive committee shall place in
writing all of its decisions and recommendations to the Code Au-
thority for approval at least fifteen (15) days before such decisions
and reconmiendations are to become effective. If the Code Authority
disapproves or fails either to approve or disapprove such decisions
or recommendations within fifteen (15) days after their receipt by
the Code Authority, the Division Executive Committee shall be en-
titled to present its recommendations to the Administrator for his
approval, if the api)roval of the Administrator is required; and if no
such approval is required such division may of its own election carry
out the decisions and recommendations of its Executive Committee,
all to tlie end that each division shall be independent and self-gov-
erning in all mattx^rs relating exclusively to such division.
Sec. 5. Any action of the Code Authority or of any agency thereof,
which the Administrator may deem unfair or improper, or contrary
to the public interest, or which may be reported to him by any
interested parties as unfair to any private interest, improper or
contrary to the public interest, may be suspended for such period of
54
time, not to exceed thirty (30) days, as he may deem necessary to
aflford an opportunity for investigation into such action. Further
action by the Code Authority or of any agency thereof may be held
in abe3^ance by the Administrator pending his final determination
of the matter under investigation.
Sec. 6. No inequitable restriction on admission to membership in
the Institute or any division thereof participating in the activities
of the Code Authority shall be imposed, and any member of the
Industry shall be eligible for membership in the Institute or group
or divisional group upon compliance with the provisions of the by-
laws relating to membership. Any member of the industry who does
not become a member of the Institute, who participates in the activi-
ties of the Code Authority shall pay to the Code Authority such
proportionate part of the cost of administration of the Code as the
Code Authority, subject to the approval of the Administrator, shall
prescribe to be fair and equitable.
Sec. 7. Nothing contained in this Article shall constitute the mem-
bers of the Code Authority partners for any purpose, nor shall any
member of the Code Authority be liable in any manner to anyone for
any act of any other member, officer, agent, or employee of the Code
Authority. Nor shall any member of the Code Authority, exercising
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own wilful misfeasance or nonfeasance.
Article VII — Trade Practices
The following practices shall constitute unfair methods of com-
petition for members of the industry and are prohibited :
1. The false marking or branding of any products of the industry
in any manner which has the tendency to mislead or deceive cus-
tomers or prospective customers, whether as to the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry or otherwise.
2. The making, or causing, or knowingly permitting to be made
or published any false, materially inaccurate or deceptive statement
by way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character^ nature, origin, size, finish, or
preparation of any product of the industry or the credit terms,
values, policies, or services of any member of the industry, or other-
wise, having the tendency or capacity to mislead or deceive customers
or prospective customers.
3. Maliciously inducing or attempting to induce the breach of an
existing oral or written contract between a competitor and his
customer or source of supply, or interfering with or obstructing the
performance of any such contractual duties or services.
4. The defamation of competitors by falsely imputing to them
dishonorable conduct, inability to perform a contract, questionable
credit standing, or by other false representations or by the false
disparagement of the grade or quality of their goods.
6. Unfairly procuring any information concerning the business of
a member which is properly regarded by him as a trade secret or
confidential within his organization, other than information relating
to a violation of any provisions of the Code.
55
6. To give, permit to be given, or directly offer to give, anything
of value for the purpose of influencing or rewarding the action of
any employee, agent or representative of another in relation to the
business of the employer of such employee, the principal of such
agent or the represented party, without the knowledge of such em-
plo3'er, principal or party. Commercial bribery provisions shall
not be construed to prohibit free and general distribution of articles
commonly used for advertising except so far as such articles are
actually used for commercial bribery as hereinabove defined.
Paying, allowing, or promising to any purchaser or prospective
purchaser or to any officer, employee, agent, or representative of any
such purchaser or prospective purchaser, any payment of money or
other remuneration directly or indirectly, and/or the splitting or
otherwise sharing the commissioi? or compensation of a member's
salesman or agent or other employee with anyone, and/or the grant-
ing of rebates, credits, discounts, adjustments or similar concessions,
other than specified in the contract of sale and permitted by the Code.
7. Noncompliance with the provisions, separately or collectively,
of any merchandising plan of the division to which the member be-
longs which may be submitted through the Code Authority and ap-
proved by the Administrator, and/or in any manner conducting his
business otherwise than in open compliance with the plans he has
filed with the Secretary.
8. To inform a customer or customers, either directly or indirectly,
concerning any increases or decreases in prices or changes in dis-
counts prior to the effective date of such new prices or discounts.
9. The sale by any member of the industry of side products of
this industry or of any grades of products of this industry other
than those filed with the Code Authority, except in accordance with
a plan approved by the Executive Committee and the Code Au-
thority subject, however, to the disapproval of the Administrator.
10. Using or substituting in a sale any article or material other
than that specified by the purchaser of any product, or making any
sale or contract of sale under any description W'hich does not fully
describe such product in terms customarily used in the industry,
except that this provision shall not be construed as interfering with
the practice of the industry in packing private brands of cork
stoppers for customers such as wholesale druggists, or interfering
wdth the disposal of bona fide side products as provided for in
Section 9 of this Article.
11. Imitating or simulating any style, design, brand, slogan, or
advertising copy, or other means of identification solely owned liy
another member of the Industry, for the purpose of misleading or
deceiving purchasers.
12. Approaching or enticing the employees of competitors with
the intent of unduly hampering, injuring, and/or embarrassing such
competitors in the conduct of their business.
13. Protecting contracts against a decrease or an increase in price
except as to the unshipped portion of such contracts.
14. Aiding or abetting any person, firm, association, or corpora-
tion in any unfair practice set forth in this Code.
15. Stating in the invoice of any product as the date thereof a
date later or earlier than the date of the shipment of such product, or
56
including in any invoice any product shipped on a date earlier or
later than the date of such invoice.
16. The making of any loan to a customer by any member of the
industry or his employees for the purpose of inducing the sale of
goods.
17. Making false or wilfully misleading statements or reports,
written or oral, required pursuant to any of the provisions of this
Code, or any resolution duly adopted by the Code Authority.
18. Performing any extra operations on products such as, but not
limited to, branding cork stoppers, paraffining cork stoppers, cutting
half sizes, dyeing attachments to cork stoppers, shaping cork stop-
pers, and packing in units less than the accepted standards, without
making an adequate charge to cover the cost of such operations.
19. The subnormal pricing or the granting of a reduced price,
rebate, or other concession on articles not specifically mentioned in
this Code to influence the sale of articles covered by this Code.
20. Supplying special service at reduced rates or gratis, such as
service of construction superintendent or foreman, or the loan of
equipment as an inducement toward making a sale of materials.
21. Recommending specifications which are known to be faulty or
hazardous from a construction viewpoint or failing to caution pros-
pective purchasers against the use of such specifications ; or secretly
changing specifications in figuring estimates for the purpose and
effect of misleading competitors and customers or executing any
contract other than in strict accordance with the construction speci-
fications on which the contract was estimated and secured.
22. Accepting or offering to accept securities, bonds, mortgages,
or stock as whole or part payment for material sold or work per-
formed as an inducement to obtain an order.
23. Incorrectly classifying a customer to enable said customer to
obtain a price better or terms of sale more favorable than those
stated in such member's filed price list, terms of sale, or merchan-
dising plan as hereafter provided.
24. Selling or offering for sale seconds or damaged goods at prices
lower or terms of sale more favorable than those stated in such
member's filed price list, terms of sale or merchandising plan, as
hereafter provided, and in such cases all such goods shall be plainly
marked or advertised as seconds or damaged goods.
Article VIII — Merchandising Plans
Section 1. The Executive Committee of each divisional group of
the industry shall, with the approval of a majority of the memoers
of the division representing at least seventy-five percent (75%) of
the dollar volume of the division's sales for the preceding six (6)
months' period, prepare its recommendations as to the form and
provisions of a merchandising plan to be followed by each indi-
vidual member of the division concerned, which recommendations
shall require each individual member of the division in filing his
own merchandising plan to submit :
(a) His basic price list.
57
(b) Complete schedules of discounts, including extra quantity
discounts, if an5\
(c) Terms of sale.
^d) His classification of the trade.
(e) Lists of the various grades of all products which he proposes
to offer for sale.
(f) All other conditions in any way affecting any transaction or
sale of the products of the division.
In addition to the foregoing information the Executive Com-
mittee of any Division may require the submission b}^ the indi\ddual
members of such division of bona fide samples of each grade of the
products offered for sale, where varying the quality can be used
to obtain a competitive advantage. All such recommendations and
merchandising plans prepared by the Executive Committees shall
be capable of uniform application within the respective divisions
and shall be submitted to the Code Authority and the Administrator
for approval, and upon such approval shall have the same force and
effect as any other provision of this Code.
Sec. 2. Within fifteeen (15) days after the approval by the Code
Authority and the Administrator of the Executive Committees'
recommendations and merchandising plans as provided for in Sec-
tion 1 of this Article, each individual member of the division con-
cerned shall file with the Secretary his plan for merchandising
which shall supply the information required and shall be in the
form approved by the Administrator. Such plan and any revision
thereof shall remain in force unless and until superseded by the
filing of a revised merchandising plan, revised price lists and/or
discounts. The member's original plan and each revision thereof
shall state the date on which it shall become effective, which date
shall be not less than ten (10) nor more than twenty (20) business
days after filing of same with the Secretary, and each other mem-
ber of the division may file a similar revision to take effect upon the
same date. The original merchandising plan and all revisions
thereof filed by each member shall be made available by the Sec-
retary to all other m.embers of the division.
Sec. 3. No member shall sell any article at prices lower or dis-
counts greater or on terms more favorable than those which he has
currently on file with the Secretary.
Sec. 4. Original and revised price lists and/or discounts filed with
the Code Authority, as hereinbefore provided, shall be available
through the Secretary to all members of the Industry who handle
a similar line of goods.
Sec. 5. No member of the industry shall sell or offer to sell under
customer's private labels, or otherwise, qualities other than those
which he has filed with the Secretary as provided in this article, or
use grading of qualities as a method of giving buyers extra value
over that provided in the member's published grades and terms.
Sec. 6. Many members of the industry sell their products through
agents, distributors, jobbers, wholesalers, and/or contractors, while
others sell their products directly to the ultimate user. In order to
prevent indirect evasion of the provisions of this Article VHi by
those members selling through agents, distributors, jobbers, whole-
salers, and/or contractors, it is hereby provided that the Executive
58
Committee of each Division of this industry, subject to the approval
of the Code Authority and the Administrator, shall prescribe appro-
priate forms of contracts to be entered into bet^Yeen members of the
industry and agents, jobbers, distributors, wholesalers, and/or con-
tractors (excluding retailers) for the distribution of the products
of this industry and the observance of such prices and terms as those
currently filed with the Code Authority at which the manufacturer
gells such products.
Sec. 7. Except as may be subsequently set forth in a specific or
supplementary export code for the industry, the provisions of this
code now or hereafter adopted with regard to prices, discounts,
deductions, allowances, extras, commissions, or methods and/or
terms of sale, are not to apply to direct export sales. The term " ex-
port " applies to merchandise shipped to foreign countries other
than possessions or territories of the United States.
Article IX — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under said Act.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified or amended on the basis of experience or changes
in circumstances, such modification or amendments to be based upon
application to the Administrator and such notice and hearing as
he shall specify, and to become effective on approval of the Admmis-
trator, unless otherwise provided, and when so approved shall have
the same force and effect as any other provision of this Code.
Article X — Monopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
Article XI — Price Increases
Section 1. Whereas the policy of the Act to increase real pur-
chasing power will be made more difficult of consummation if prices
of goods and services increase as rapidly as wages, it is recognized
that price increases, except such as may be required to meet indi-
vidual cost, should be delayed, but when made such increases should,
eo far as possible, be limited to actual additional increases in the
seller's costs.
Article XII — Effective Date
This Code shall become effective on the tenth day after its ap-
proval by the Administrator, unless otherwise provided.
Approved Code No. 199.
Registry No. 308-1-01.
o
Approved Code No. 200
CODE OF FAIR COMPETITION
FOR THE
SANITARY NAPKIN AND CLEANSING TISSUE
INDUSTRY
As Approved on January 12, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
SANITARY NAPKIN AND CLEANSING TISSUE INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act. approved June 16, 1933, for approval of a Code of
Fair Competition for the Sanitary Napkin and Cleansing Tissue
Industry, and hearings having been duly held thereon and the an-
nexed report on said Code, containing findings with respect thereto,
having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me b)^ Executive Orders of the
President, including Executive Order No. C543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Adniiiiistrator for Industrial Recovery.
Approval recommended :
A. D. WHITESIDE,
D iv is ion Administrator.
Washington, D.C,
January 12., 153Jf.
30483"— 313-11 34 (59)
The President,
The White House.
INTRODUCTION
Sir : This is a report of the Administrator on the application for,
and public hearing on, the Code of Fair Competition for the Sani-
tary Napkin and Cleansing Tissue Industry as proposed by the Sani-
tary Napkin and Cleansing Tissue Association. The public hearing
was conducted in Washington on November 3, 1933. Every person
who requested an appearance was freely heard in accordance with
statutory and regulatory requirements.
There are twenty-six (26) known firms in this Industry, of which
eighteen (18) are members of the Association and account for 82%
of all sanitary napkins and cleansing tissues produced. One of the
nonmembers attended the public hearing and was heard.
ECONOMIC AND STATISTICAL MATERIAL
For 1929 the sales volume was almost $13,000,000 and employ-
ment at about 900 to 1,000. The volume of sales for 1933 is esti-
mated to be within 25% of the volume of 1929. The Industry at
present gives employment to about 1,100 to 1,200 workers. Conse-
quently, the Industry has more than absorbed its unemployed as
measured from the 1929 level. With such figures at hand one can-
not expect an appreciable increase in emplo3nnent under the pro-
visions of the Code. Increased purchasing power is indicated,
nevertheless, because it is estimated that with the proposed minimum
wages there will be at least a 13% increase in pay rolls. The statis-
tics at hand are based on June of 1933 as a representative month,
when approximately 37% of the emploj^ees were working in excess
of 45 hours per week w4th 60 hours or more per week, a top figure.
Rates of pay were as low as 20?i per hour for workers although the
weighted average would unquestionably demonstrate a more satis-
factory rate.
In this connection, it is important to remember that two manu-
facturers control about 75% of the total volume. With such a
concentration of production, the Administrator has had to weigh
all provisions carefully so as not to eliminate or oppress small
enterprises, who may not be as highly mechanized as their com-
petitors and who do not enjoy the advantages of large volume.
RESUME OF CODE PROVISIONS
The Code establishes 41%^ per hour for men and 33l/3f^ per hour
for women as the minimum rate of pay. The basic week for pro-
(GO;
61
duction is 40 hours. Such provisions will require a substantial con-
tribution toward national recovery from part of the Industry. I
believe that more drastic limitations at this particular time would
work a hardship upon the smaller firms in the industr3'.
Trade practices are standard and may be expected to create a
degree of stability which heretofore has been notably lacking.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
l^oses of Title I of the National Industrial Kecovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, the Code has been approved.
Respectfully,
HUGH S. JOHNSON,
A dministrcUor,
January 12, 1934.
CODE OF FAIR COMPETITION
FOR THE
SANITARY NAPKIN AND CLEANSING TISSUE INDUSTRY
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Sanitary Napkin and Cleansing Tissue
Industry, and shall be the standard of fair competition for such
Industry and shall be binding upon every member thereof.
Article II — Definitions
The term " Sanitary Napkin and Cleansing Tissue Industry "
hereinafter called " the Industry ", as used herein includes the manu-
facture, conversion, and/or primary distribution of sanitary nap-
kins, cleansing tissues, and other similar products and such branches
or subdivisions thereof of as may from time to time be included
under the provisions of this Code.
The term " employee " as used herein includes anyone engaged
in the Industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
The term " emploj^er " as used herein includes anyone by whom
any such employee is compensated or employed.
The term " member of the Industry " as used herein includes any-
one engaged in the Industry as above defined, either as an employer
or on his own behalf.
The terms " President ", ''Act ", and "Administrator " as used
herein shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator for
Industrial Recovery.
Population and metropolitan districts for the purposes of this
Code shall be determined by reference to the 1930 Federal Census.
Article III — Hours
1. No employee shall be permitted to work in excess of 40 hours
in any one week or 8 hours in any 24-hour period, except —
(a) Em))loyees engaged exclusively in an executive or managerial
cai)acity who are receiving $35.00 or more per Aveek.
(b) Outside salesmen;
(62)
)3
(c) Office employees, who shall be permitted 4 hours per week in
addition to the maximum herein established but who shall not be
permitted to work more than an average of 40 hours per week in any
consecutive 3 months' period.
2. The maximum hours fixed in the foregoing section shall not
apph* to an}' employee engaged in emergency work involving break-
downs or protection of life or property, but in any such special case
employees shall be paid at the rate of not less than one and one third
times the established rate for each hour worked in excess of 8 hours
in any one day and/or 40 hours in any one week.
3. No female employee shall be required or permitted to work be-
tween the hours of 8 p.m. and 6 a.m.
Article IV — Wages
1. No employee, except as provided in Section 2 of this Article,
shall be paid at less than the rate of 331/3^ per hour for women,
and 41%^ per hour for men. This minimum wage shall not in any
way be considered as a discrimination by reason of sex, and where
in any case women do substantially the same work, or perform sub-
stantially the same duties as men, they shall receive the same amount
of wages as men receive for doing such work or performing such
duties.
2. No accounting, clerical, office, service, or sales employee shall
be paid at less than the rate of $15.00 per week in any City of over
500,000 population, or in the Metropolitan District; or less than,
at the rate of $14.50 per week in any City between 250,000 and
500,000 population, or in the Metropolitan District; or less than
at the rate of $14.00 per week in Cities of 250,000 or less, or in the
Metropolitan District.
3. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time rate, piecework, or
other basis.
4. There shall be an equitable adjustment of all wages above the
minimum. Within sixty (60) days of the effective date of this Code,
the Code Authority shall present a proposal for such adjustment to
the Administrator, such proposal to become binding as a part of this
Code upon approval by the Administrator after such hearing as he
may prescribe, provided, however, that in no event shall hourly rates
of pay be reduced below those in effect for the 4 weeks ended June
17, 1933.
5. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
'wage below the minimum established by this Code if the employer
obtains from the State Authority or other agency designated by the
United States Department of Labor a certificate authorizing his
employment at such wages and for such hours as shall be stated in
the certificate. Each employer shall file with the Code Authority a
list of all such persons employed by him.
Artici-e V — General Labor Provisions
1. No person under 16 years of age shall be emploj'cd in the In-
dustr}'', nor anyone under 18 years of age at operations or occupa-
64
tions hazardous in nature or detrimental to health. The Code Au-
thority shall submit to the Administrator within 30 days after this
Code is approved a list of such occupations. In any State an em-
ployer shall be deemed to have complied with this provision if he
shall have on file a certificate or permit, duly issued by the authority
in such Stat^ empowered to issue employment certificates, showing
that the employee is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively 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 pur-
pose of collective bargaining or other mutual aid or protection.
3. 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 his own choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rate,s of pay, and other conditions of employment ap-
proved or prescribed by the President.
5. Employers shall also comply with the hygienic regulations pro-
mulgated by the United States Public Health Service.
6. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employees regu-
lating the age of employees, wages, hours of work, or health, fire,
or general working conditions than under this Code.
7. Employers shall not reclassify employees or duties of occu-
pations performed by employees so as to defeat the purposes of
the Act.
8. Each employer shall post in conspicuous places accessible to
employees full copies of Articles III, IV, and V of this Code.
Article VI — Administration
To further effectuate the policies of the Act, a Code Authority is
hereby constituted to administer this Code.
1. Organization and constitution of Code Authority.
(a) The Code Authority shall consist of seven members, or siich
other number as may be approved from time to time by the Admin-
istrator, to be selected as hereinafter set forth, and of such addi-
tional members, without vote, as the Administrator, in his discretion,
may appoint to represent such groups or governmental agencies as
he may designate.
(b)'Each member of the Industry who qualifies as prescribed in
Section 2 of this Article shall have one vote in the nomination and
election of the members of the Code Authority, such nomination and
election to be arranged by the proponents of the Code within one
month of the effective date thereof, unless otherwise provided with
the approval of the Administrator. In the interim, the Code Com-
mittee of the Sanitary Napkin and Cleansing Tissue Association shall,
act in this capacity. In order that the Code Authority shall at allF
times be truly representative of the Industry and in other respects
comply with the provisions of the Act, the Administrator may pro-
65
vide such hearings as he may deem proper, and thereafter if he
shall find that the Code Authority is not truly representative or does
not in otlier respects comply with the provisions of the Act, may
require an appropriate modification in the method of selection of the
Code Authority.
(c) The Code Authority shall coordinate the administration of
this Code with such Codes, if any, as may affect any division or sub-
division of this or a kindred Industry, with a view to promoting
joint action upon matters of common interest.
(d) Each industrial association directly or indirectly participating
in the selection or activities of the Code Authority shall :
(1) impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its Articles of As-
sociation, By-Laws, Regulations, and any amendments wdien made
thereto, together with such other information as to membership, or-
ganization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
2. Members of the Industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority, to par-
ticipate in the selection of the members thereof and to use the N.K.A.
Code insignia by assenting to and complying w^ith the requirements
of this Code and sustaining their reasonable share of the expenses of
preparation, presentation, and administration of this Code. The
reasonable share of such expenses shall be determined by the Code
Authorit}^, subject to approval b}' the Administrator, on the basis of
volume of business and/or such other factors as may be deemed
equitable to be taken into consideration.
3. The Code Authority shall have, to the extent permitted by the
Act, the following powers and duties :
(a) Such agency may from time to time present to the Admin-
istrator recommendations based on conditions in this Industry as
they may develop which will tend to effectuate the operation of (he
provisions of this Code. Such recommendations, upon approval by
Administrator as provided in Article VIII, Section 2, shall become
operative as part of this Code.
(b) Such Agency shall receive complaints of violations of this
Code, make investigations thereof, and bring to the attention of the
Administrator recommendations and information relative thereto
for such action as in his discretion the facts warrant.
(c) Members of the Industry shall file with the Code Authority
at such time and in such manner as may be prescribed, statistics
covering number of employees, wage rates, employee earnings, hours
of work, and su:h other data as may be required by the
Administrator,
(d) Every member of the Industry i-hall compile and forward
to the Code Authority a complete list of items, showing all prices,
terms and discounts to this chiss of trade.
(e) As soon as practicable the Code Authority shall reconnnend a
method of determining cost of production and shall formulate regula-
tions for its application, such method and regulations upon approval
by the Administrator us provided in Article VIII, Section 2, shall
become operative as part of this Code. In formulating such regula-
tions, the Code Authority shall take into consideration the necessity of
66
selling below cost to meet competition, to dispose of discontinued
lines and seconds and other pertinent factors.
(f) Standard trade customs for the Industry (including deliv-
eries, contracts, sales on consignment, cash discount terms, quantity
price, standardization features, and sales of seconds) shall be for-
mulated by the Code Authority; subject to the approval of the Ad-
ministrator after due notice and hearing, they shall be binding upon
every member of the Industry.
(g) The Code Authority shall make a study of conditions in the
Industry to determine the feasibility of the adoption of a shorter
working week and shall, within three (3) months after the effective
date of this Code, make a report of its findings to the Administra-
tor. The Code Authority shall also submit to the Administrator
within six (6) months after the effective date of this Code, a plan
for the stabilization and regularization of employment.
(h) If it shall be represented to the Administrator by any in-
terested party, or he shall determine upon his own motion, that any
action of the Code Authority, or of any subdivision Code Authority,
is unfair to any private interest or contrary to the public interest,
the Administrator may require that such action be suspended for a
period of not to exceed thirty (30) days to afford an opportunity
for investigation of the merits of such complaint and further con-
sideration by the Code Authority pending final action, to be taken
only upon approval by the Administrator.
5. In addition to the information required to be submitted to the
Code Authority, there shall be furnished to the Government agencies
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act.
Article VII — Trade Practices
The following practices constitute unfair methods of competition
for members of the Industry and are prohibited :
(a) False Marching or Branding. — The false marking or brand-
ing of any product of the Industry which has the tendency to mislead
or deceive customers or prospective customers, whether as to the
grade, quality, quantity, substance, character, nature, origin, size,
finish, or preparation of any product of the Industry, or otherwise.
(b) Secret Relates. — The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in the
form of money or otherwise, or the secret extension to certain pur-
chasers of special services or privileges not extended to all purchasers
on like terms and conditions.
(c) Commercial Bribery. — No member of the Industry shall give,
permit to be given, or directly offer to give, anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of the
employer of such employee, the principal of such agent or the
represented party, without the knowledge of such employer, prin-
cipal, or party. Commercial bribery provisions shall not be con-
strued to prohibit free and general distribution of articles commonly
used for advertising except so far as such articles are actually used
for commercial bribery as hereinabove defined.
G7
(d) Interference with Contractual Relations. — Maliciously in-
diicinjr or attemptiiin: to indiico the breach of an existing oral or
written contract bt'tween a competitor and hi,^ customer or source
of sujiply, or interfering with or obsti-uctinu- the perfoiinance of
any such contractual duties or services.
(e) Defavmt'ion. — The defamation of comjietitors by falsely im-
puting to them dishonorable conduct, inability to perform con-
tracts, (piestionable credit standing, or by other false representa-
tions or by the false disparagement of the grade or quality of their
goods.
(f) Im'itai'wn of J'rade Mark or Trade Namr or Style Firaoj. —
The imitation of trade marks, trade names, slogans, or other marks
of identification of competitors, having a tendency and capacity to
mislead or deceive purchasers or prospective purchasers.
(g) Price Discrimination.— X.ny discrimination in price between
purchasers of the same class (not including discrimination in price
on account of difference in grade, quality, or quantity of the product
sold, or which makes only due allowances for difference in cost of
selling and transportation) or discrimination in price in the same or
different communities not made in good faith to meet competition.
(h) Misreprescntafion or False w Misleading Advertising. — The
making or causing, or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the Industry, or the credit terms, values, poli-
cies, or services of any member of the Industry, or otherwise, having
the tendency or capacity to mislead or deceive customers or prospec-
tive customers.
(i) Requiring Chain Furchases. — To sell any product or products
on condition tliat the purchaser will also purchase another product
or ])roducts made or sold by the same member of the Industry; or
to sell such product or products at reduced prices or on special terms
or under special conditions to induce the buyer to purchase such
other ])roduct or products. Each member of the Industry shall sell
each different line of merchandise independently and shall not cut
the price of one with the provision that other lines be purchased
or require a purchaser to ]:>urchase one class of merchandise as a
consideration for being allowed to purchase another. This regula-
tion does not govern the distribution of bona fide samples.
(j) All sales shall be made strictly in accordance with such price
lists as provided for in Article VI, Section 3 (d).
(k) Excei)t under regulations established in Article VI, Section
3 (e) it shall be a prohibited unfair method of competition for mem-
bers of the Industry to sell any of their products below tlieii- cost
of production except in accordance with such regulations.
Akttcle VIII — MoniFICATIOX
1. This Code and all the provisions thereof are expresslv made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industruil
Recovery Act, fr(mi time to time to cancel or modify any order, ap-
68
proval, license, rule, or regulation issued under Title I of said Act,
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions im-
posed by him upon his approval thereof.
2. After due notice and hearing this Code may be amended upon
a recommendation of the Code Authority or any interested party or
group or upon the Administrator's own notice, and any modifica-
tions so arrived at shall be effective when approved by the Admin-
istrator.
Article IX — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases shall be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increases in the seller's
costs.
Article XI — Effective Date
This Code shall become effective on the seventh day after date.
Approved Code No. 200.
Registry No. 299B-30.
o
Approved Code No. 201
CODE OF FAIR COMPETITION
FOR THE
WHOLESALING OR DISTRIBUTING TRADE
As Approved on January 12, 1934
BY
PRESIDENT ROOSEVELT
Executive Order
An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June IG, 1933, for my approval of a Code
of Fair Competition for the ^Wholesaling or Distributing Trade,
and hearings having been held thereon and the Administrator hav-
ing rendered his report containing an analysis of the said Code of
Fair Competition together with his recommendations and findings
with res])ect thereto, and the Administrator having found that the
said Code of Fair Competition complies in all respects with the
pertinent provisions of Title I of said Act and that the requirements
of clauses (1) and (2) of subsection (a) of Section 3 of the said
Act have been met:
NOW, THEREFORE, I. Franklin D. Roosevelt, President of the
United Stat-es, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do ado]it and approve the report, recommendations and
findings of the Administrator and do order that the said Code of
Fair Competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended :
Hugh S. Johnsox,
Adininistrator.
The White House,
Januwy 12, 1934.
(69)
80228" 313-2 34
The President,
The White nouse.
Sir : This is a report of the Hearino; on the Code of Fair Compe-
tition for the Wholesaling or Distributing Trade, conducted in the
Ballroom of the Mayflower Hotel, on November 13, 1933. The Code
which is attached was presented by duly qualified and authorized
rei)resentativcs of the Trade, complying with the statutory require-
ments, said to represent 75 percent in number and over 80 percent in
volume of the Trade which could be included in this code.
THE TRADE
The Wholesale Trade according to the Census of Distribution
(1929) is made up of 169,702 establishments with net sales of
$69,291,545,000. However, a substantial portion of the wholesale
trade comes under codes developed under the Agricultural Adjust-
ment Administration, or previously covered under N.R.A. manufac-
turing and distribution codes. A net total of 45.043 establishments
with net sales of $15,323,429,000 are under the Wholesaling or Dis-
tributing Trade Code as submitted. Approximately 460,000 em-
ployees are affected by this code.
It is estimated that somewhat more than 80 percent of the em-
ployees in the Trade were working more than 40 hours per week,
40 i:>ercent more than 45 hours per week, and 20 percent more than
48 hours per week. The 40-hour week provided in this code should
result in an increase in total employment of between 10 and 15 per- .
cent. This should absorb about half of the unemployment in the
Trade as compared with 1929.
PROVISIONS OF THE CODE
The code provides for a work week of 40 hours. Outside deliv-
erymen, maintenance men, outside repair service men, and installa-
tion men are permitted to work 48 hours per week. Provision is
made whereby an employer may work an employee such hours as
may be necessary in excess of the hours mentioned above if time and
one third is paid for such additional hours i)er week.
The rates of pay are $15.00 per week in cities of over 500,000 pop-
ulation, or in the immediate vicinity and $14.00 per week in cities
of less than 500.000 population or in the immediate vicinity.
The trade practices ])roposed in Article VII of the Code are not
in any respect objectionable. Article VIII, Section 1, provides for
the possibility of setting up price differentials between different
classes of buyers, thus recognizing the functional discount desii^d by
(70)
71
■wholesalers and distributors. All actions of this type are with the
advice and subject to the approval of the Administrator.
The administration of tlie Code is organized in accordance with
commodity divisions.
FINDINGS
I find that:
(a) The Code will promote the policies and purposes of Title I of
the Act, including removal of obstructions to the free flow of inter-
state and foreign commerce which tend to diminish the amount
thereof and will provide for the general welfare by promoting the
organization of industry for the purpose of cooperative action among
the trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
visions, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
. power, by reducing and relieving unemployment, by improving
standards of labor and otherwise rehabilitating industry.
(b) Said Trade normally employs more than 50,000 employees;
and is classified by me as a major industry.
(c) The Code as approved complies in all respects with perti-
nent provisions of Title I of the Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the 26 applicant groups
are trade groups truly representative of the aforesaid Trade; and
that said groups impose no inequitable restrictions on admission to
membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
1(e) The Code is not designed to and will not eliminate or oppress
small enterprises and wil not operate to discriminate against them,
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, I recommend that the Code be approved.
Respectfully,
Hugh S. Johnson,
. Administrator.
\ January 1, 1934.
CODE OF FAIR COMPETITION
FOR THE
WHOLESALE OR DISTRIBUTING TRADK
Article I — Purposes
To effectuate the policies of Title I of the National Industriar
Recovery Act, the followin<2: provisions are established as a Code of
Fair Competition for the Wholesaling or Distributing Trade, and
shall be the standard of fair competition for such trade.
Article II — Definitions
Wholesaler or Dhinhutor. — For the purposes of this Code, a.
" wholesaler " or " distributor " shall be defined as any individual,,
partnership, association, corporation, or other firm, or a definitely
organized division thereof, definitely organized to render and ren-
dering a general distribution service, which buys and maintains at
his or its place of business a stock of the lines of merchandise which
it distributes; and which through salesmen, advertising, and/or sales-
promotion devices, sells to retailers and/or to institutional, commer-
cial, and/or industrial users; but which does not sell in significant
amounts to ultimate consumers. Modifications or extensions to this
definition or any part of it may be made for specific divisions when
embodied in an}^ appropriate supplemental code or when recom-
mended by the appropriate Divisional Code Authority and approved
b}' the Administrator.
^ The Trade. — The term " trade " is defined to be the business in
which wholesalers or distributors engage.
Ultimate Consumer. — The term " ultimate consumer " as used
herein is defined as a purchaser for home and personal use, and not-
for use or consumption in trade or business or by institutions.
Employees. — The term " emploj^ee " as used herein includes any-
one engaged in the trade in any capacity receiving compensation for
his services, irrespective of the nature or method of payment of such
compensation.
Employer. — The term " employer " as used herein includes an3^one
b}^ whom such employee is compensated or employed.
President^ Act., Administrator. — The terms " President," "Act,""
and "Administrator " as used herein shall mean, respectively, the
President of the United States, the National Industrial Recovery
Act, and the Administrator appointed under Title I of said Act.
Population for the pur])oses of this Code shall be determined by
reference to the 1930 Federal Census.
Article III — Hours
Section 1. Maximum Hours and Exceptions. — (a) No whole-
saler or distributor shall cause or permit any employee, except an.
(72)
73
•employee in an executive, supervisory, technical, or professional
.capacity who receives thirty-five dollars ($35.00) per week, or more,
in cities of 500,000 population or over; or thirty dollars ($3 J.OO)
per week, or more, in cities of less than 500,000 population, and except
watchmen and outside salesmen, to work more than forty (40) hours
per week or to work more than six (6) days in any one week (or less
as determined by the Code Authority of any specific trade), except
that any member of the trade ma}^ cause or permit :
(b) No employee except those exempted in paragraph (a) of this
Section shall work more than eight (8) hours in any one day, except
that on one day each week each employee may work one extra hour,
but such hour is to be included within the maximum hours permitted
each week.
(c) Outside deliverymen, maintenance men, outside repair service
men and installation men to work forty-eight (48) hours ])er week.
(d) Watchmen shall work not more than fifty-six (56) hours nor
more than six (6) days in any 7-day period.
(e) An employer may work an employee such hours as may be
necessary in excess of the hours specified in paragraphs (a) and (c)
■of this Section if time and one third is paid for all such additional
hours per week.
(f ) The hours worked by any one employee in any one day shall be
■consecutive with tlie exception of a reasonable period out for lunch.
Sec. 2. Em/ployiiient hy Several Einployees. — No employer shall
'knowingly permit any employee to work for any time which, when
totaled with that already performed with another employer or em-
ployers in this trade/industry, exceeds the maximum permitted
herein.
Article IV — Wages
Sectiox 1. Minimuni Rates of Pay. — The minimum rates of pay
shall be as follows :
(a) In cities of 500,000 population or over, or in the immediate
vicinity thereof, at the rate of fifteen dollars ($15.00) per week.
(b) In cities of less than 500,000 population, or in the immediate
vicinity thereof, at the rate of fourteen dollars ($14.00) per week.
(c) In the South at the rate of one dollar ($1.00) per week less
than the rates specified above in paragraphs (a) and (b).
The term " the South " means the following states: Virginia, West
Virginia, North Carolina, South Carolina, Georgia, Florida. Ken-
tucky, Maryland, District of Columbia, Tennessee, Alabama, Missis-
:sippi, Arkansas, Louisiana, Oklahoma, and Texas.
(d) A part-time employee or one paid on an hourly basis shall be
paid at an hourly rate not less than that obtained by dividing the
api)roi)riate minimum weekly wage specified for him in previous
paragraphs of this Section by the appropriate maximum number of
hours specified for him in Article III.
Wages paid during any period to employees on a piece-rate basis
tshall aggregate an hourly rate not less than that specified above for
part-time employees and than paid on an hourly basis.
(e) Junior employees between the ages of 16 and 18 j^ears, in-
clusive, may be paid at the rate of two dollars ($2.00) less per week
than the minimum wage rate per week otherwise applicable to them
ior the fii'st 12 months of their employment; and learners over 18
74
years of age may, for a period of three months from the date of their
employment, be paid at the rate of one dollar ($1.00) less per week
than the minimum wage per week otherwise applicable to them.
The number of employees classified as juniors or learners combined
shall not exceed the ratio of one such employee to every five employ-
ees or fraction thereof up to twenty (20) or more than one such
employee for every ten (10), or fraction thereof, employees above
twenty (20).
(f) Female emploj^ees performing substantially the same work
as male employees shall have the same rate of pay as such male
employees.
(g) Wages shall be paid weekly or semimonthly in lawful money
or by negotiable check.
Sec. 2. No employee whose normal full-time weekly hours prior
to July 1, 1933, are reduced by less than 20% shall have his or her
full-time earnings reduced. No employee whose normal full-time
weekly hours are reduced 20% or more shall have his or her full-time
weekly earnings reduced by more than 10%.
Article V — General Labor Provisions
Section 1. Minhnuvi Age Requirements. — No person under IQ
years of age shall be employed by any wholesaler or distributor, nor
anyone under 18 years of age, at operations or occupations hazardous
in nature. The Code Authority shall submit to the Administrator .
within thirt}^ days a list of such occupations. In any State an em- |
ployer shall be deemed to have complied with this provision if he
shall have on file a certificate or permit duly issued by the Authority
in such State empowered to issue employment or age certificates or
permits showing that the employee is of the required age.
Section 2. Employees^ Rights and Employers'^ Duties. — (a) Em-
ployees 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 -organiza-
tion or in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
Sec. 3. Precedence of State Laws.—^o provision in this Code
shall supersede any State law which imposes on employers more
stringent requirements as to age of employees, wages, hours of work,
or as to safety, health, sanitary, or general working conditions, or
insurance, or fire protection, than are imposed by this code.
Sec. 4. Reclassification of Employees. — No employer shall reclas-
sify employees or duties of occupations performed or engage in any
other subterfuge for the purpose of defeating the purposes or pro-
visions of the Act or of this Code.
75
Sec. 5. Posting Code. — Each employer shall post in conspicuous
places, accessible to employees, copies of Articles I to V, inclusive,
of this Code.
Article YI — Codes and the Administration Thereof
Section 1, General and Supple/niental Codes. — (a) To provide an
effective procedure for the administration of this code, and all codes
supplemental thereto, the trade shall be divided into connnodity di-
visions, as liereinafter provided.
(b) Provisions governing wholesalers or distributors in all com-
modity divisions shall be included in this general code.
(c) Provisions governing wholesalers or distributors in one or
more, but not in all commodity divisions, iwd^y be embodied in a sup-
plemental code for each division, after hearing before the Adminis-
trator and approval by the President.
Sec. 2. Creation and Organisation of General Wholesale and Divi-
sional Wholesale Code Authorities. — (a) The creation of a General
Code x^Luthority to cooperate with the Aduiinistrator in the adminis-
tration of the provisions of the General Code is hereby authorized,
and the creation of a Divisional Code Authority for each Division
of the Trade to cooperate with the Administrator in administering
the provisions of its Supplemental Code is hereby authorized,
(b) For the purposes stated in this Section, the following Com-
modity Divisions are hereby pro\:ided:^
Beauty and Barber Supplies
Buttons
Charcoal and Packaged Fuel
Cycle Jobbers
Dry Goods
Electrical Supplies
Embroidery and Lace
Floor Covering
Furriers' Supplies
Hardware
Hats and Caps
Jewelry (including Watchmakers' and Jewelers' Supplies)
Men's Novelty Jewelry
Men's Wear Buttons
Notion, Thread & Women's Garments
Supplies
Radio
School Supplies
Sheet Metal
Silverware
Twine and Cordage
Upholstery and Decorative Fabrics
Wall Paper
Woolen and Trimming Garment Supplies
1 others may be added from time to time and surh further Divisions as the Adminis-
trator may fliid to be duly representative. Provided that the Administrator after due
notice and hearing, may amend these Divisions by enlarginR or contracting them, or by
consolidating or further dividing one or more of such Divisions.
7?
(c) The General Code Authority shall consist of one or more mem-
bers of each Divisional Code Authority, the precise number to be
determined by the Administrator. Such members shall be elected
by the members of each Divisional Code Authority in accordance
with a fair method approved by the Administrator. The Adminis-
trator may appoint not more than three members, without vote, to
serve for the term of six and twelve months, respectively, from the
date of appointment.
(d) Until such time as the General Code Authority is elected in
the manner provided in the foregoing paragraph and until such time
as a representative number of supplemental codes have been ap-
proved, the Administrator shall appoint one member of each Com-
modity Division to act as a member of the General Code Authority.
(e) The Divisional Code Autliority for each Division shall be
composed of not less than three (3) nor more than twenty-one (21)
wholesalers or distributors, or representatives thereof, in such Divi-
sion^ who shall be elected, in accordance with a fair method, as pro-
vided in the supplemental Code of each Division, The Adminis-
trator may appoint two members, without vote, to serve for the term
of six months respectively from the date of appointment.
Sec. 3. Duties of Trade xissociationH — Code Authorities to be
Representative. — (a) Each Trade Association directly or indirectly
participating in the selection or activities of the General and/or
Divisional Code Authorities shall: (1) impose no inequitable re-
strictions on membership, and (2) submit to the Administrator true
copies of its articles of association, b^'-iaws, regulations, and any
amendments when made thereof, together Avith such information as
to membership, organization, and activities as the Administrator
may deem necessary to eifectuate the purjiose of the xVct.
(b) In order that the General and Divisional Code Authorities
shall at all times be trul}^ representative of the Trade and in other
respects comply with the provisions of the Act, the Administrator
may provide such hearings as he may deem proper; and, thereafter,
if he shall find that the General Code Authority or any Divisional
Code Authority is not truly representative or does not in any other
respect comply with the provisions of the Act, may request an appro-
priate modification in the method of selection of any such Code
Authority.
Sec, 4. Assenting to Code and Payment of Cost of Administra-
tion.— Wholesalers or distributors shall be entitled to participate in
and share the benefits of the activities of their Divisional Code xVu-
thority, and through such Divisional Code Authority, to participate
in and share the benefits of the activities of the General Code Au-
thority, by assenting to and compl3^ing with the requirements of
such Codes and sustaining their reasonable share of the ])roper ex-
penses of their administration. Such reasonable share of the proper
expenses of the administration of the General Code Authority and
of any divisional Code Authority shall be determined by each Au-
thority, res])ectively, subject ui)on review to the disap])roval of the
Administrator, on the basis of volume of business, the number of
Divisions in which a member may operate, and the extent of his op-
erations in each Division, and/or such other factors as may be deemed
77
equitable to be taken into consideration. The share of the cost of
sucli administration, as so equitably assessed, shall be collected by
the several Divisional Code Authorities from the members of the
Trade in their respective Divisions.
Sec. 5. Pollers of General and Divisional Code Authorities. —
(a) The General Code Authority shall have the power, subject upon
review to the disapproval of the Administrator in addition to other
powers herein granted :
(1) To coordinate the interests of the several divisions and the
activities of the several Divisional Code Authorities so as to pre-
vent conflicts of authority and to minimize overlapping of powers;
and
(2) To hear all matters pertaining to the provisions of the Gen-
eral Code which may be submitted to it by any Divisional Code
Authority; and
(3) To attempt to adjust and/or to report the same to the Ad-
ministrator; and
(4) To exercise any other general and lawful powers which may
be necessary to secure performance of the provisions of the Act.
(b) Each Divisional Code Authority shall have the following
powers :
First. With respect to the provisions of the General Code which
govern all Divisions of the Trade, each Divisional Code Authority,
subject tf) the approval or request of the General Code Authority:
(1) Shall require from wholesalers or distributors in the Divi-
sion which it represents such reports as are necessary to effectuate
the Durnoses of the General Code; and
(2) May. upon its own initiative or complaint of any wholesaler
or distributor in such Division, make investigations as to the func-
tioning and observance of any provision of the General Code; and
(3) May hear and attempt to adjust such complaints, and
Pr'>vide(l. however, that any wholesaler or distributor who may
be affected by the action or handling of matters pertaining to any
provision of the General Code by his Divisional Code Authority,
shall have the right to have such matter submitted to and con-
sidered by the General Code Authority for its action, as provided in
Section 5 (a) of this Article.
Second. With respect to the specific provisions of the Supple-
mental Codes which govern one or more, but not all, Divisions of the
Trade, each Divisional Code Authority, subject to the approval or
consent of the Administrator:
(1) Shall require from wholesalers or distributors in its Division
such reports as are necessary to effectuate the purposes of its
Su})ple?nental Code; and
(2) May, ujx)n its own initiative or complaint of anv wholesaler
or distributor in such Division, make investigation as to the function-
ing and observance of any provision of its Supplemental Code; and
(3) May hear and attemnt to adjust such complaints: and
(c) In the event that a Divisional Code Authority should report
any matter referred to in the " Secopd " part of the above paragraph
to the Administrator which affects any provision of the General
Code, the Administrator may if he desires refer such matter to the
78
General Code Authority for handling as if such matter had been
directly submitted to the General Code Authority by such Divisional
Code Authority, as provided in the " First " part of the above
paragraph.
Sec. 6. Inforviation for Government Agencies. — In addition to
the information required to be submitted to the General Code
Authority and to the Divisional Code Authorities, there shall be
furnished to government agencies such statistical information as the
Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act.
Sec. 7. Administrative Interpretations. — The Administrator shall
from time to time, after consultation with the General Code Author-
ity and/or with a Divisional Code Authority, issue such adminis-
trative interpretations of the various provisions of the General Code,
or of any supplemental Code, respectively, as are necessary to
effectuate their purpose.
Sec. 8. Undue Hardships Imposed hy Codes. — Where the admin-
istration of the provisions of the General Code impose an unusual
or undue hardship upon any wholesaler or distributor, or upon any
Division, or where the administration of the provisions of any Sup-
plemental Code imposes an unusual or undue hardship upon any
wholesaler or distributor affected thereby, such wholesaler or dis-
tributor, or such division, may make application for relief to the
Administrator, who, after such public notice and hearing as he may
deem necessary, may grant such exceptions to or modifications of
the provisions of the General Code, or of any Supplemental Code,
as the case may be, as may be required to effectuate the purposes of
the Act.
Article VII — Trade Practices
Section 1. Inax^curate Advertising. — No member of the trade
shall publish advertising (whether printed, radio, display, or of
any other nature), which is misleading or inaccurate in any ma-
terial particular, nor shall any member 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.
Sec. 2. False Billing. — No member of the trade shall knowingly
withhold from or insert in any quotation or invoice any statement
that makes it inaccurate in any material particular.
Sec. 3. Inaccnrate Labelling. — No member of the trade 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.
Sec. 4. Inaccurate Reference to Competitors., etc. — No member
of the trade shall publish advertising which refers inaccurately in
any material particular to any competitors or their goods, prices,
values, credit terms, policies, or services.
Sec. 5. Threats of Law Smts. — No member of the trade shall pub-
lish or circulate unjustified or unwarranted threats of legal proceed-
ings which tend to or have the effect of harassing competitors or in-
79
timidating their customers. Failure to prosecute in due course shall
be evidence that any such threat is unwarranted or unjustified.
Sec. 6. Secret Rehates. — No member of the trade shall secretly and
directly 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 a member of the trade
secretly offer or extend to any customer any special service or privi-
lege not extended to all customers of the same class, for the purpose
of influencing a sale.
Sec. 7. Bnbing E^nployees. — No member of the Trade shall give,
permit to be given, or directly offer to give, anything of value for
the purpose of influencing or rewarding the action of any employee,
agent or representative of another in relation to the business of the
employer of such employee, the principal of such agent or the repre-
sented party, without the knowledge of such employer, principal, or
party. Commercial bribery provisions shall not be construed to
prohibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
Sec. 8. Interference with Another's Contracts. — No wholesaler
shall attempt to induce the breach of an existing contract between
a competitor and his employee or custf)mer or source of supply;
nor shall any such wholesaler interfere w^ith or obstruct the per-
formance of such contractual duties or services.
Sec. 9. Coercion. — No member of the trade shall require that the
purchase or lease of any goods be a prerequisite to the purchase or
lease of any other goods.
Sec. 10. Protection to Retailers. — It shall be an unfair trade prac-
tice for Wholesalers who secure a substantial portion of their business
from members of the retail trade to enter into competition with re-
tailers by selling merchandise at wholesale prices to ultimate con-
sumers for personal use or to sell to civic, institutional, and/or simi-
lar types of wholesale customers, merchandise for the personal use
of employees of such customers. Nothing in this section, however,
shall prevent bona fide sales by such wholesalers to their own em-
ployees of merchandise that is for the personal use of such employees.
Article VIII — Permissive Trade Practices
Section 1. Differentials. — In anj' division in which manufacturers,
importers, mills, or other primary sellers sell coincidentally to several
classes of buyers the Divisional Code Authority, subject to the ap-
proval and with the advice of the Administrator, may arrange for a
conference of all interested parties, including primary sellers or the •
Code Authority governing them, for the purpose of defining and
establishing price differentials which shall be fair and reasonable in
relation to the nature and extent of the distributing services and
functions rendered by each buying class. Such differentials shall
include all elements affecting the net price, such as discounts, terms,
and allowances.
The Divisional Code Authority, with the advice and consent of
the administrator and after all interested parties shall have been
given an opportunity to be heard on the matter, shall formally an-
80
noiince the price differentials which are deemed fair on specific prod-
ucts. When the Divisional Code Authority announce that a fair
wholesale price differential has been established on any product by
sources competent to adequately serve the wholesalers in the Division,
then and thereafter, or until the Divisional Code Authority an-
nounces that such fair price differentials have been discontinued, it
shall be an unfair trade practice for a wholesaler or distributor to
handle such product unless the price at which it is sold to him allows
or provides for such fair price differential.
Nothing in this section shall be construed to abridge the right of
manufacturers to sell direct to retailers or the right of retailers to
buy direct from manufacturers.
Nothing in this section shall be construed to prevent reasonable
and fair price differentials from being allowed on the basis of quan-
tity purchased or such other factors as the Administrator shall deem
proper.
Sec. 2. Other Unfair Trade Practices. — Subject to the approval of
the President after hearing there may be established, in any Supple-
mental Code, trade practice rules covering sucli other subjects as
conditions in its specific Division may require, together with regu-
lations concerning such principles as loss limitation, selling below
cost, price reporting. Any violation of these provisions shall be an
unfair trade practice.
Article IX — Prison-Made Goods
Pending the formulation of a compact or code between the several
States of the United States to insure the manufacture and sale of
prison-made goods on a fair competitive basis with goods not so pro-
duced, the following provisions of this section will be stayed for
ninety (90) days, or further at the discretion of the Administrator:
(a) Where anv penal, reformatory, or correctional institution,
either by subscribing to the code or compact hereinbefore referred
to, or by a binding agreement of any other nature, satisfies the
Administrator that merchandise produced in such institution or by
the inmates thereof will not be sold except upon a fair competitive
basis with similar merchandise not so produced, the provisions of
Paragraph (b) hereof shall not apply to any merchandise produced
in such manner in the institutions covered by such agreement.
(b) Except as provided in the foregoing paragra])h, no whole-
saler or' distributor shall knowingly buy or contract to buy any mer-
chandise produced in whole or in ]:)art in a penal, reformatory, or
correctional institution. After May 31, 1934, no wholesaler or dis-
tributor shall knowingly sell or offer for sale such merchandise.
Nothing in this section, however, shall affect contracts, which the
wholesaler or distributor does not have the option to cancel, made
with respect to such merchandise before the approval of this code
by the President of the United States.
(c) Nothing in this section shall be construed to supersede or
interfere with the o])eration of the Act of Congress approved Janu-
ary 19, 1929, being Public No. 669 of the 70th Congress and entitled
"An Act to divest goods, wares, and merchandise manufactured, pro-
duced or mined by convicts or prisoners of their interstate character
81
in certain cases ", which Act is known as the Hawes-Cooper Act, or
the })r()visi()ns of any State legislation enacted under, or effective
upon, the effective date of the said Hawes-Cooper Act, the said
effective date being January 19, 1934.
Article X — Modification
Section 1. This General Code and all codes supplemental thereto,
and all the provisions thereof, are expressly made subject to the right
of the President, in accordance with the provisions of subsection
(b) of Section 10 of the Act, from time to time to cancel or modify
anj^ order, ai)pr()val, license, rule, or regulation issued under Title I
of said Act and specifically, but without limitation, to the right of
the President to cancel, or modify his approval of these Codes or
any conditions imposed by him upon his approval thereof.
Sec. 2. This General Code and all codes supplemental thereto, ex-
cept as to provisions required by the Act, may be modified on the
basis of experience or changes in circumstances, such modification to
be based upon application to the Administrator and such notice
and hearing as he shall specify, and to become effective on approval
of the Administrator.
Article XI — ISIonopolies
Xo ])rovision of this General Code, nor of any codes supplemental
thereto, shall be so ai)})Iied as to permit monopolies, or monopolistic
practices, or to eliminate, oppress, or discriminate against small
enterprises.
Article XII — Application or Code
Every wholesaler or distributor, except those who on the effective
date of this code are governed by any other code of fair com])eti-
tion under the administration of the National Recovery Adminis-
tration or the Agricultural Adjustment Administration, shall be
bound by all the provisions of this General Code and by all the
provisions of each and every Supjjlemental Code applicable to him,
when such General Code and/or such Supplemental Code or Codes
shall have ])een apju'oved by the President, except those wholesalers
or distributors, who within sixty (GO) days after the effective date
of this Code file with the Administrator applications for exemptions
to this code or any portion thereof, which after due consideration by
the Administrator are sustained.
Article XIII — EFrECTi\TE Date
This General Code and all codes supplemental thereto shall be-
come effective on the 10th day after date.
Approved Code No. 201.
Registry No. 1G25-50.
O
f
Approved Code No. 202
CODE OF FAIR COMPETITION
FOR THE
CARPET AND RUG MANUFACTURING INDUSTRY
As Approved on January 12, 1934
BY
PRESIDENT ROOSEVELT
Executive Order
An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code of
Fair Competition for the Carpet and Rug Manufacturing Industry,
and hearings having been held thereon and the Administrator having
rendered his report containing an analysis of the said Code of Fair
Competition together with his recommendations and findings with
respect thereto, and the Administrator having found that the said
Code of Fair Competition complies in all respects with the pertinent
provisions of Title I of said Act and that the requirements of clauses
(1) and (2) of subsection (a) of Section 3 of the said Act have been
met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations and
findings of the Administrator and do order that the said Code of
Fair Competition be and it is hereby approved, subject to the con-
dition that the provisions of Article VII, Section 19 (a) be stayed
pending further investigation and determination by the Adminis-
trator of the issues raised with respect thereto.
FRANKLIN T>. ROOSEVELT.
Approval recommended :
Hugh S. Johnson,
Administrator.
The White House,
January 12, 1934.
32793° 313-71 34 (83)
The President,
The White House.
Sir: This is the report on the Code of Fair Competition for
the Carpet and Rug Manufacturing Industry as proposed by the
Institute of Carpet Manufacturers of America, Inc.
The hearing was conducted in Washington, D.C. on October 4,
1933. Every person who requested an appearance was freely heard
in accordance with statutory and regulatory requirements. The
code was presented by duly qualified and authorized representatives
of the industry representing 95 percent of the volume of business
and 86 percent of the number of establishments.
I. Description of Industry
At the present time the carpet and rug manufacturing industry is
composed of 35 plants with a potential annual productive capacity
of $215,000,000. Sales during 1933 are estimated at $60,000,000,
which is a marked decrease from the sales of $167,000,000 that were
obtained in 1928. Under these circumstances, it is entirely natural
that there should be a similar decline in employment from 32,800 in
the latter year to approximately 16,000 at the present.
Several considerations set this industry apart from other enter-
prises in the textile manufacturing field. Although carpets and rugs
are woven on looms, the principles of construction vary materially
from any other type of weaving. The looms are extremely complex
and certain types often cost as high as $35,000 apiece. It is generally
true that the capital investment per productive employee is extremely
Both large and small plants exist in the industry, but in this par-
ticular branch of textiles even a small plant is relatively large when
compared with textile mills generally. The three largest manufac-
turers produce roughly 50 percent of the entire volume of the
industry.
Design and quality are of extreme importance. The industry
naturally follows the trend in interior decoration and furniture de-
sign which, although variable, does not have the sharp swings found
in the apparel trades. The proponents of the code stressed the neces-
sity for minimum quality specifications and substantiated their con-
tentions by citing numerous instances of fabrics, ingrain carpets for
example, which actually passed out of existence, due to long-continued
debasement of quality. Constant cheapening of both material and
construction finally brought this product into such extreme consumer
distrust that it was no longer merchantable at any price. They
pointed out that unless reasonable minimum specifications were
established and conscientiously adhered to several of the currently
manufactured items would disappear in the same manner.
Those proposing the code presented a comprehensive set of fair
trade practices which have the prar^ically unanimous approval of
(84)
85
the entire industry and have been very carefully reviewed by the
Administration. At the hearing, strong objections were made to
several of these provisions as they were originally submitted and
it is believed that most of these objections, when valid, have been
met. The extreme decline in sales over the last five years was con-
clusive proof that destructive competitive practices among manu-
facturers, unless checked, would destroy a capital investment of over
$200,000,000 and destroy the working opportunity for several thou-
sand highly skilled workers.
Intermediate distribution channels, it was claimed, had added
further to the chaos brought about by the practices within the in-
dustry itself. The mills through their own direct sales to retailers
and also through their branch warehouses, control the great majority
of goods going to the retailer. For this reason, it is vital that inter-
mediate distributors should be bound in their selling practices by
the same conditions as the manufacturer in selling direct to retail
channels. Otherwise no reforms could be effected.
From the figures of productive capacity and sales previously cited,
it is obvious that control of production is essential, but the sponsors
of this code believed it impracticable to achieve this result by restrict-
ing machine hours. Any kind of machine-hour restriction that would
allow the flexibility necessary to meet seasonal and style peaks would
be unnecessarily involved and impossible of administration. Several
of the leading firms in the industry made a careful study of their
sales and production records over the last ten years. From this they
evolved a production-control feature, which provides that at no time
can a manufacturer maintain an inventory of more than one third
of his sales for the previous twelve months. When the inventory
reaches this allowable figure, the manufacturer is granted 120 days to
readjust his inventory to the allowed figure before curtailing produc-
tion. In this way, a mill may start building its stock two or three
months before the anticipated peak demand and then can taper off
production after the selling season. By this, it is hoped that there
will be a leveling out of the peaks and valleys of production and
hence furnish more stable employment throughout the year.
II. Labor Pkovisions
Except for learners and physically handicapped employees, the
industry proposes to pay a minimum wage of 35 cents per hour in
the North and 30 cents per hour in the South. Hours of labor are
limited to 40 hours per week and 8 hours in any one day. To
take care of peak periods, employees may be permitted to work up to
48 hours per week for a period of six weeks during any six months'
period, in which case an employee may work up to 10 hours in any
one day.
III. Administration
The provisions for the administration of this code are capable of
providing the N.R.A. and the Carpet and Rug Manufacturing In-
dustry with sufficient data to recommend any modifications or amend-
ments that may be indicated by experience.
86
IV. Conclusion
The Deputj^ Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter.
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervisions, by elim-
inating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor and by otherwise rehabilitating industry.
(b) Said Industry normally emploj^s not more than 50,000 em-
ployees; and is not classiiied by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable re-
strictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, I recommend that you approve this Code.
Respectfully,
January 11, 1934.
Hugh S. Johnson,
A dminis trator.
CODE OF FAIR COMPETITION
FOR THE
CARPET AND RUG MANUFACTURING INDUSTRY
Article I — Preamble
To effectuate the policies of Title I of the National Industrial
Recovery Act the following provisions are submitted as a Code of
Fair Competition for the Carpet and Rug Manufacturing Industry
and upon approval by the President shall be binding upon every
member thereof.
Article II — Definitions
1. The term " industry " as used herein means the manufacture
and original sale of all woven floor coverings and the spinning of
carded wool or worsted sales yarn for carpets and rugs. Woven
floor coverings, the principal content of which is cotton, grass, or
paper, are specifically excluded.
2. The term " auto and airplane carpets " as used herein means
those floor coverings manufactured for original sale to automobile
manufacturers, to airplane manufacturers, to automobile body manu-
facturers, and to automobile carpet jobbers for installation in auto-
mobiles and airplanes.
3. The term " employee " as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his serv-
ices, irrespective of the nature or method of payment of such
compensation.
4. The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed,
5. The term '' member of the industry " as used herein includes
anyone engaged in the industry as above defined, either as an em-
ployer or on his own behalf.
6. The term " subscriber " as used herein includes that member of
the industry who voluntarily and formally declares to the authority
which shall administer this Code that he will be bound by its pro-
visions and will bear his proportionate share of expense in the
administration of this Code.
7. The term " regular merchandise " as used herein means all mer-
chandise other than mill seconds, drops, private patterns, samples,
remnants, and mill ends.
8. The term " wholesale distributor " as used herein means a firm
or organization maintaining an establishment and performing a
warehousing and distributing function by carrying a stock of rugs
(87)
88
or carpets, and also maintaining a selling organization to contact
floor covering outlets and assuming the credit risks involved in such
distribution.
9. The term " contract order " as used herein means an order in
which the fabric is sold for a specific installation and not for a part
of any dealer's stock.
10. The term " automobile jobber " as used herein means a firm
or organization maintaining an establishment and performing a
warehousing and distributing function by carrjdng a stock of auto-
mobile carpets and also maintaining a selling organization to con-
tact automobile manufacturers and automobile body manufacturers
and assuming the credit risks involved in such distribution,
11. The term " low basis price " as used herein means the manu-
facturer's published list price, less maximum published trade dis-
count only.
12. The term " drops " as used herein means discontinued patterns.
13. The term " perfect merchandise " as used herein means mer-
chandise which is free from defects, as determined by the inspec-
tion department of the manufacturer.
14. The terms " President ", "Act ", and "Administrator " as used
herein shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
Article III — Hours
1. No employee shall be permitted to work in excess of forty (40)
hours per week, nor more than eight (8) hours per day, provided,
however, that during a period not to exceed six (6) weeks during any
six months' period, employees may not work in excess of forty-eight
(48) hours per week, but no more than ten (10) hours in any twenty-
four (24) hour period.
2. It is provided further, that the maximum hours prescribed above
shall not apply to professional workers employed in their profes-
sional capacity or to any person on a managerial staff receiving in
excess of thirty (30) dollars per week, or to watchmen.
3. It is provided further, that a tolerance of ten (10) percent
above the maximum hours prescribed above may apply to engineers,
electricians, firemen, employees engaged on repair-shop or outside
crews, or in the operation of shipping, except common labor.
4. In any special case where restrictions of hours of highly skilled
workers would unavoidably reduce the total employment in a plant,
or where employees are engaged in emergency maintenance or repair
work involving breakdowns or the protection of life or property, em-
ployees may be permitted to work in excess of the maximum hours
prescribed above. Any emergency time shall be reported monthly
to the Code Authority.
5. All hours in excess of the maximum prescribed in the foregoing
paragraphs of this Article shall be compensated for at the rate of
one and one third (Ws) of the time or piece work rate.
89
Article IV — Wages
1. No employee in the northern section shall be paid less than at
the rate of thirty-five (35) cents per hour, except as herein other-
wise provided.
2. No employee in the southern section shall be paid less than at
the rate of thirt}'' (30) cents per hour, except as herein otherwise
provided.
3. The southern section as used above shall include the states
of Virginia, Kentucky, North Carolina, South Carolina, Georgia,
Florida, Alabama, MississijDpi and Tennessee.
4. This article establishes a minimum rate of pay which shall
apply irrespective of whether an employee is actually compensated
on a time rate, piece work, or other basis.
6. The dollar differentials in wages between skilled and unskilled
employees as existing at August 15, 1933, shall not be decreased.
This provision shall not be binding as to employees earning in excess
of thirty (30) dollars for forty (40) hours of work.
6. A person whose earning caj)acity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code. Each employer
shall file with the Code Authority a list of all such persons employed
by him, provided, however, that such class of employees shall not
exceed five (5) percent of the total employees in any plant.
7. Learners shall not be paid less than eighty (80) percent of the
minimum wage, and shall not constitute more than ten (10) percent
of the total number of employees in any plant. Learners are persons
who have been employed in the industry not longer than six (6)
weeks, except as listed below :
Weavers, Pickers, Threaders, Spoolers, Spinners, and
Dyers two months
Setters and Jacquard Creelers four months
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the industry. In any State an employer shall be deemed to have
complied with this provision as to age if he shall have on file a
certificate or permit duly issued b}' the Authority in such State
empowered to issue employment or age certificates or permits show-
ing that the employee is of the required age.
2. In compliance with Section 7 (a) of the Act, it is provided :
(a) 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 nuitual aid or protection.
(b) 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 his own choosing, and
32793°— -313-71 31 -2
90
(c) 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.
3. No employer shall reclassify employees or duties of occupations
performed for the purpose of defeating the provisions of the Act
or of this Code.
4. No provisions in this Code shall supersede any State or Federal
law which imposes more stringent requirements on employers as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, or insurance, or fire protec-
tion, than are imposed by this Code.
5. Ail cmj)!oyers shall post complete copies of this Code in con-
spicuous places accessible to employees.
Article VI — Administration
1. To provide for the administration of this Code within the
industry, a Code Authority is hereby established to consist of the
Board of Trustees of the Institute of Carpet Manufacturers of Amer-
ica, Inc., or its successor organization. This Board shall have power
to appoint any committees or delegate any of its powers to same
and utilize any agencies it may deem best for the purpose of admin-
istering this Code.
In the public interest and in order to carry out any of the powers
of the President of the United States under the National Industrial
Recovery Act, the President may appoint one or more representatives
who may without cost to the Industry attend meetings of the Code
Authority, but without vote, or confer with the Code Authority as
to methods or measures for the administration of the Code.
2. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership for participa-
tion in the formation of this Code or in the adoption of any amend-
ments thereto, or in its administration, and (2) submit to the Admin-
istrator any articles of the association's By-Laws, regulations, and
any amendments Avhen made thereto, which in any way affect the pur-
poses of the National Industrial Recovery Act in the administration
of the Code.
3. In order that the Code Authority shall at all times be truly
representative of the Industry and comply with the provisions of the
Act, the Administrator may prescribe such hearings as he may deem
proper; and thereafter if he shall find that the Code Authority is
not truly representative or does not comply with the provisions of
the Act,*^ may require the membership of the Industry to make an
appropriate modification in the method of selection of the Code
Authority.
4. Men'ibers of the Industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to par-
ticipate in the selection of the members thereof by sustaining their
reasonable share of the expenses of its administration ; such reason-
able share of the expenses of administration shall be determined by
the Code Authority on the basis of such factors as may be deemed
equitable.
91
5. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber of the Code Authority be liable in any manner to anj'^one for
any act of any other member, officer, agent, or employee of the Code
Authority, nor shall any member of the Code Authority exercising
reasonable diligence in the conduct of his duties hereunder be liable
to anyone for any action or omission to act under this Code.
6. The Code Authority shall have the following further powers
and duties:
To obtain from members of the Industry for use of the Code
Authority, and for the information of the President, such reports or
statistical information listed below, and/or any other reports or in-
formation as shall later be deemed necessary for such purposes.
Such data shall be furnished to an individual not in the Industry,
to be designated by the Code Authority. The source of such data
shall not be disclosed to any member of the Industry, except where
any such member specifically consents in respect to his own statistics,
or where it is specifically provided for in this Code. Each member
of the Industry shall furnish :
A. Such information on cost practices as will enable cost experts
emplo3'ed by the Code Authority to recommend a set of principles of
cost practices as hereinafter provided.
B. The following statistics:
Monthly. — (1) Analysis of total shipments in square yards of —
Regular Merchandise
Drops
Seconds
Mill Ends
Slow-Moving Merchandise ;
(2) Divided by carpets and rugs, also by weaves:
Orders received in square yards,
Production of finished goods in square yards
Inventory of finished goods in square yards
Shipments of finished goods in square yards
Sales billed in dollar value of :
(a) Regular Merchandise
(b) Drops
(c) Seconds
(d) Mill Ends
Semiannually. — ^A certified report showing the proportion sepa-
rately of dollar billed sales of drops, seconds, and mill ends, to the
dollar billed sales of regular merchandise.
7. The Code Authority shall have power to initiate, consider, arid
make recommendations for the modification or amendment of this
Code.
8. In addition to the information required to be submitted to the
Code Authority as set forth in this Article there shall be furnished
to Government agencies such statistical information as the Admin-
istrator maj'^ deem necessary for the purposes recited in Section 3 (a)
of the Act.
9. Where any member of the Industry finds that any other mem-
ber of the Industry in his operation is presuming an interpretation
of any provision of the Code which appears contrary to a proper
92
interpretation, he may complain to the Code Authority and all mem-
bers of the Industiy shall refrain from competitive action on such
interpretation pending an interpretation from the Code Authority.
10. Tlie Code Authority upon receipt of a written complaint from
any member of the Industry shall, within two weeks, render an in-
terpretation to be binding on all members of the Industry subject
to appeal to the Administrator.
11. Each member of the Industry shall file with the person not in
the Industry, designated by the Code Authority, the beginning and
termination dates of any agreement or contract involving the sale
of his product, to the terms of which he remained legally bound
beyond the 24th day of November 1933.
12. If the Administrator shall determine that any action of the
Code Authority or any subdivision thereof is unfair or contrary to the
public interest, the Administrator may require that such action be
suspended for a period of not to exceed thirty (30) days to aiford
an opportunity for investigation of the merits of such complaint and
further consideration by the Code Authority pending final action
to be taken only upon approval by the Administrator.
Article VII — Fair Trade Practices
1. Inasmuch as the members of the Industry control a prepon-
derant share of the distribution of carpets and rugs to retailers and
consumers, which distribution is to be governed by the following
trade practices, it shall be an unfair trade practice for any member of
the Industry to distribute through intermediate channels in such a
manner as shall create unfair competition as defined in Articles VII,
VIII, and IX with members of the Industry distributing direct to
the retailer and consumer.
2. Control of Production. — The finished goods inventory of square
yards of merchandise wherever located, owned by any member of the
Industry shall not exceed one third (l^) of his sales in square yards
of merchandise for the immediately preceding twelve (12) months.
A member of the Industry whose inventory shall at the end of any
month exceed the aforementioned alloAved figure shall be allowed
a period of one hundred twenty (120) days in which to restore the
balance between his inventory and sales before curtailing produc-
tion. Should any person or company enter the industry as a manu-
facturer or should any existing member of the industry have with-
drawn or withdrew his lines from the market for a period of not
less than three (3) months the above provisions shall be suspended
in their case for the period of twelve (12) months; during this
twelve (12) months such person or company may carry an inventory
of finished merchandise not to exceed that Avhich is allowed to mem-
bers of the Industry of commensurate capacity under the provisions
of this Code.
3. Selling Beloto Cost. — No member of the Industry shall sell any
regular merchandise at a net price or net prices below his cost, ex-
cejDting that any such member may sell under the provisions of this
Code at a price below his cost (a) to meet current prices on regular
merchandise of essentially equivalent grade and quality sold by any
competitor complying with the provisions of this Code, or (b) where
93
the Code Authority grants him permission to sell below his cost
because exceptional conditions have been presented. The Code Au-
thority shall, throujih expert cost accountants, determine the prin-
ciples of a cost practice, both as to the character of the items to be
included and the method of their application to the finished products,
and each member of the Industry shall set up and maintain records
which will conform to the principles recommended and be governed
thereby in all computations and reports required for the adminis-
tration of this Code.
4. Open Price Data. — (a) Each member of the Industry shall file
with the Code Authority and publish to the trade certified lists of
his prices and discounts and also any revision of prices, which shall
be immediately forwarded to all members of the Industry. If any
member of the Industry desires to revise any of his prices he shall
file with the Code Authority any such revision which shall become
effective not less than seven (7) days thereafter, exclusive of the
date of the filing thereof. Any such revision shall be forwarded
immediately to all members of the Industry, who, thereupon, may
file any revision of prices which may become effective upon the
date when the revised price first filed shall go into effect.
(b) No member of the Industry shall sell any regular merchandise
for less than his published list prices, which shall be subject to no
greater discount than his maximum trade discount as filed with
the Code Authority.
5. Rebates. — No member of the Industry shall rebate to any pur-
chaser any part of the purchase price either in the form of trade
discounts, advertising allowances, or any other allowances, excepting
allowances filed with the Code Authority.
6. Donations. — No member of the Industry shall make any dona-
tion or contribution in the form of cash, credit, advertising, or other
gratuitous consideration to any purchaser.
7. Contracts. — No member of the Industry shall accept a contract
order at less than his published list price, less his published trade
discount.
8. Quality Specifications. — Each member of the Industry accepts
the minimum specifications for Axminster, Wilton, and Velvet fab-
rics, which have been adopted by the Institute of Carpet Manu-
facturers of America, Inc., which shall be filed with the Bureau of
Standards at Washington, and shall not manufacture any Axminster,
Wilton, or Velvet merchandise inferior to these specifications except
to complete the weaving of any fabric in the looms. It is under-
stood that automobile carpets and rugs and also carpets and rugs
whereof the surface yarns are composed entirely of jute are excepted
from the quality specifications above referred to. Any member of
the Industry may require of the Code Authority an interpretation
regarding such specifications as to his product.
9. Copying of Patterns. — No member of the Industry shall pro-
duce in an inferior grade a copy of a running line pattern by any
other manufacturer.
10. Invoicing and Marking. — All merchandise shipped to custom-
ers shall be correctly described and priced on the invoices Avhich are
issued covering such merchandise. Rugs other than " perfect " shall
be plainly and permanently marked "mill seconds."
94
11. Return Merchandise. — All sales of merchandise shall be final,
and no member of the Industry shall accept the return of any mer-
chandise, either for exchange or credit, except where the quality of
the merchandise is in question or where an error has been made in
size or pattern, or for credit reasons, or where such return is author-
ized by the Code Authority or its agent.
12. Credit Terrns. — The following maximum credit terms will ap-
ply in all sales of merchandise with the understanding that any
member of the Industry be permitted to exercise his option as to
which terms best suit the needs of his company :
^a) 4% 70 days from date of invoice, or
(b) 4% 60 days from end of month.
Abatement of discount beyond maturity date to be at the rate of
one (1) percent a month, left to the option of each member of the
Industry, but in no case should abatement of discount be permitted
beyond thirty (30) days after maturity date of invoice. Any devia-
tion from the above terms shall be only upon approval of the Code
Authority.
13. Compensation for Losses. — No member of the Industry shall
guarantee any purchaser against, or compensate him for, any losses
arising through the operation of his business.
14. Protection. — No member of the Industry shall extend price
protection or stock protection to purchasers other than wholesale
distributors or firms performing a similar distributing function in
the event of any decline in prices.
15. Consignment. — No member of the Industry shall consign the
products of his manufacture to retail dealers or consumers.
16. Consumers.— No member of the Industry shall sell direct to the
ultimate consumer or his agent, with the exception of sales to city,
state, and federal governments, railroads, steamship companies, and
common carriers or employees. Sales made through contract depart-
ments of wholesale distributors shall not be considered as being made
to the ultimate consumer or his agent.
17. Drops. — The dollar billed sales of drops by any member of
the Industry shall not exceed ten (10) percent of his dollar billed
sales of his regular merchandise at his regular published prices, for
any calendar year, beginning January 1, 1934. In the case of any
excess above the foregoing, then a subscriber shall pay to the Code
Authority, as and for liquidated damages, the sum of twenty (20)
percent of the amount of such excess, such sum to be devoted to
meeting the expenses of the administration of this Code.
18. Slow-Moving Merchandise. — Slow-moving merchandise which
remains in stock after having been oflfered for sale as mill seconds,
drops, and mill ends for a period of not less than three (3) months,
may be sold at discounts necessary to move same, but such slow-
moving merchandise shall be sold only during the months of June
and December and without further price or stock protection.
19. AUotvances. — (a) Retail stores are to be credited or paid the
volume allowances based only on merchandise invoiced to an in-
dividual company. No manufacturer shall pay or allow credit for
any cost of re-shipping merchandise shipped and invoiced to a
retailer.*
♦ Provisions of this subsection stayed ; see paragraph 2 of Executi^* Order approving
this Code.
95
(b) All members of the Industry shall lod^e with the person not
in the Industry, desii>nated by the Code Authority, at the beginning
of each season, schedules of all their allowances to wholesale dis-
tributors and to otlier purchasers. Allowances for dollar volume
shall be calculated and paid or credited to retailers for no less a
period than six (6) months, and in accordance with the schedule
filed as provided herein. Notification of any proposed revision in a
schedule of allowances shall be given the person not in the Industry,
designated by the Code Authority, not less than one (1) week prior
to the date upon which any such revision shall become effective.
Article VIII — Auto and Airplane Carpets
The following additional provisions shall apply to the sale of auto
and airplane carpets :
1. O-jf Goods. — Merchandise consisting of seconds, returned goods,
and overweavings may be offered to the automobile trade at any
time, but if offered to the regular floor-covering trade all provisions
of the Code shall apply.
2. Consignment. — No member of the Industry shall consign auto-
mobile carpets.
3. Credit Tenns.—Ei'Ach member of the Industry shall abide by
the following terms in the sales of his merchandise :
(a) No cash discount or volume allowances to be allowed to pur-
chasers of auto and airplane carpets; sales to jobbers on four (4)
percent basis.
(b) Terms of sale shall specify for payment for merchandise not
later than the 25th of the month following the date of the invoice.
(c) Shipments shall be f.o.b. mill.
4. Filing of Orders. — Each member of the Industry shall file with
the person not in the Industry, designated by the Code Authority,
certified copies of all orders received in excess of five hundred (500)
dollars ; such lists to be filed on the 12th of each month, showing the
orders taken during the preceding month. Orders must show quan-
tity, price, terms, life of such agreement and quality and construction
specifications, consisting of all-over weight per square yard and pile
weight per square yard. After a lapse of three (3) months speci-
fications and price particulars of any order will be considered avail-
able for the information of any member of the Industry who may
so request. Name of member of the Industry and purchaser shall
not be disclosed unless in the opinion of the person not in the Indus-
try, designated by the Code Authority, it is necessary in the event
of a claim of unfair practice.
5. Protection. — Price protection or stock protection shall not be
extended to automobile manufacturers or to distributors or retail
dealers in automobile carpets.
6. Shipping Specifications. — All orders shall be specified quan-
tities and stipulate the period during which the entire order must be
released for shipment or billed. No goods shall be manufactured
except against written orders.
96
Article IX — Wool Sales Yarn
The following additional provisions shall apply to those members
of the Industry spinning carded and worsted wool sales yarn for
carpets and rugs, with the understanding that Section 6 (b) of
Article VI and Article VII of this Code, shall not apply to said
members of the Industry :
1. Control of Production. — The finished yarns inventory of pounds
of merchandise, wherever located, owned by any member of the
Industry defined in this Article shall not exceed one sixth (14) of
his sales in pounds of merchandise for the immediately preceding
twelve (12) months. Since, however, seasonal variations require
fluctuating inventories of finished yarns, a said member of the In-
dustry whose inventory shall at the end of any month exceed the
aforementioned allowed figure shall be allowed a period of one
hundred twenty (120) days in which to restore the balance between
his inventory and sales, before curtailing production. Should any
person or company enter the industry as a manufacturer or should
any existing member of the industry have withdrawn or withdrew
his lines from the market for a period of not less than three (3)
months the above provisions shall be suspended in their case for the
period of twelve (12) months; during this twelve (12) months such
person or company may carry an inventory of finished merchandise
not to exceed that which is allowed to members of the Industry of
commensurate capacity under the provisions of this Code.
In order to inform the President of the United States as to the
regulation of production conformable with sales, a return shall be
made each month to the person not in the Industry, designated by the
Code Authority, by each said member of the Industry showing the
sales in pounds for the month and the inventory of finished yarns at
the end of the month.
2. Standard Spinning Contract. — The said members of the In-
dustry, through the Code Authority, shall set up a standard contract
for the sale of carpet yarns, which shall include a description of the
yarn, a definite date, price, quantity, and a specific time for comple-
tion, and it shall be considered unfair practice to allow customers to
specify deliveries which shall carry any contract past its completion
date. All sales shall be final and any of the said members of the
Industry shall not allow rebates of any sort, whether for stock pro-
tection, financial protection, or anything else that would change the
terms of the contract.
3. Arhitrations. — Upon any question arising under this Code which
would involve dispute between any said member of the Industry and
a weaver to whom he has sold yarn, the complaint of either may be
brought to the attention of the Code Authority for its recommenda-
tion. If it is determined by said Authority that the contention of any
said member of the Industry or of the weaver is without justification
then the person not in the Industry, designated by the Code Author-
ity, will be requested to seek an arbitration between the said member
of the Industry and weaver involved.
4. Options. — Options that are given in yarn purchases shall not
exceed ten (10) days.
97
5. Seconds, Damaged, or Of -Colored Merchandise. — All merchan-
dise sold at prices beloAv the contracted price of such merchandise
because of yardage, quality, or color, must be reported to the Code
Authority monthl}-. Sales of such merchandise shall not exceed more
than 2^2% of the yearly sales in pounds of each said member of
the Industry. This includes such items as inferior or damaged yarn,
discontinued or slow-moving colors or any types of merchandise that
might properly be classified under these headings.
6. Donations. — It shall be considered as unfair competition for any
said member of the Industry to nuike any donation or contribution in
the form of cash, credit, advertising, or other gratuitous considera-
tion to any customer in connection with any sale.
7. Terms. — Each said member of the Industr}' shall abide by the
following credit terms in the sales of his yarn :
3%% 10 flays
3% 30 (lays
Net- 60 days
f.o.b. shipping point.
From date of invoice which shall be date of delivery.
Interest shall be charged at the rate of one half of one (I/2 of 1)
percent per month in excess of 60 days. Any deviation from the
above terms shall be only upon approval of the Code Authority.
Article X — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial Re-
covery Act, from time to time to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act.
2. This Code, upon recommendation to the Administrator by the
Code Authority, based on conditions in the Industry which tend
to effectuate the operation of this Code or the jDurposes of this Act,
may be modified or amplified, except as to provisions required by
the Act; such modification or amplification to have the same force
or effect as any other provision of this Code after approval by the
Administrator under such notice or hearing as the Administrator
may specify.
Article XI — Monopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XII — Effective Date
This Code shall become effective the second day after date.
Approved Code No. 202.
Registry No. 214-1-04.
o
Approved Code No. 203
CODE OF FAIR COMPETITION
FOR THE
RAW PEANUT MILLING INDUSTRY
As Approved on January 12, 1934
BY
PRESIDENT ROOSEVELT
Executive Order
WHEREAS, the Secretary of Agriculture and the Administrator
of the National Industrial Recovery Act having rendered their
separate reports and recommendations and findings on the provisions
of said Code, coming within their respective jurisdictions, as set
forth in the Executive Order No. 6182 of June 2G, 1933, as supple-
mented bv Executive Order No. G207 of July 21, 1933, and Executive
Order No. G345 of October 20, 1933 :
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I of
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do hereby find that:
1. An application has been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the Raw Peanut Milling Industry; and,
2. Due notice and opportunity for hearings to interested parties
has been given pursuant to the provisions of the Act and regulations
thereunder; and,
3. Hearings have been held upon said Code, pursuant to such notice
and pursuant to the pertinent provisions of the Act and regidations
thereunder; and,
4. Said Code of Fair Competition constitutes a Code of Fair Com-
petition, as contemplated by the Act and complies in all respects
with the pertinent provisions of the Act, including clauses (1) and
(2) of subsection (a) of Section 3 of Title I of the Act; and,
5. It appears, after due consideration, that said Code of Fair Com-
petition will tend to effectuate the policy of Congress as declared in
Section 1 of Title I of the Act.
33583 ° 313-85 34
(99)
lUO
NOW, THEEEFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, '1933, and
otherwise, do hereby approve said Code of Fair Competition for
the Raw Peanut Millino; Industry.
FRANKLIN D. ROOSEVELT.
Approval recommended:
Hugh S. Johnson,
A dministrator.
The White House,
January 12, 1934-.
DePARTMEXT of AoRICTJLTUItE,
Washington, D.C., January 9, 1933.
The President,
The White House.
Dear Mr. President: I have the honor to submit the following:
1. There is transmitted herewith a Code of Fair Competition for
the Kaw Peanut Milling Industry, which I recommend for your
approval and which the National Recovery Administrator recom-
mends for your approval with reference to the labor provision
thereof. There accompanies the Code the report of the Administra-
tor of the Agricultural Adjustment Act, the report of the Adminis-
trator of Title I of the National Industrial Recovery Act, and a true,
correct, and complete stenographic report of all the evidence intro-
duced at a public hearing on said Code, held pursuant to Section
3 (a) Title I of the National Industrial Recovery Act.
2. By virtue of Executive Order No. 6182, of June 26, 1933, as
supplemented by Executive Order 6207, of July 21, 1933, and Execu-
tive Order No. 6345, of October 20, 1933, which, pursuant to Title
I of the National Industrial Recovery Act of June 16, 1933 (Public,
No. 67, 73d Congress) delegated to me, as Secretary of Agriculture,
certain of the powers vested in the President of the United States by
the aforesaid Act, and after considering the aforesaid Code of Fair
Competition and a true, correct, and complete stenographic report
of all evidence introduced at such public hearing, and being fully
advised in the premises, I make the following findings :
(1) That an application has been duly made b}^ the regional asso-
ciations representing the Raw Peanut Millers, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for the approval of the
President, of the Code of Fair Competition for the Raw Peanut
Milling Industry. The regional associations making such applica-
tion and tlie advisor}^ body provided for in such Code, are truly
representative of the industiy, and no inequitable restrictions on
admission to membership are imposed by the regional associations.
(2) That the Raw Peanut Milling Industry, covered by such Code,
is included within the trades, industries or subdivisions thereof
enumerated in Executive Order No. 6182 of June 26, 1933, as sup-
plemented by Executive Order No. 6207 of Julv 21, 1933, and
Executive Order No. 6345 of October 20, 1933.
(3) That the provisions of the Code establishing standards of fair
competition (a) are regulations of transactions in or affecting the
current of interstate and foreign commerce and (b) are reasonable.
(4) That the Code is not designed to promote monopolies or to
eliminate or oppress small enterprises and will not operate to discrim-
inate against them and will not permit monopolies or monopolistic
practices.
(5) That the Code will not prevent an individual from pursuing
the vocation of manual labor and selling or trading the products
(101)
102
thereof nor prevent anyone from marketing or trading the produce
of his farm.
(6) That due notice and opportunity for hearing, in connection
with the aforesaid Code, has been afforded interested parties, in
accordance -with Title I of the National Industrial Recovery Act and
applicable regulations issued thereunder.
(7) That said Code will tend to effectuate the declared policy of
Title I of the National Industrial Recovery Act as set forth in
Section 1 of said Act in that the terms and provisions of such Code
tend to: (a) Remove obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof;
(b) to provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among trade
groups; (c) to eliminate unfair competitive practices; (d) to pro-
mote the fullest possible utilization of the present productive
capacity of industries; (e) to avoid undue restriction of produc-
tion (except as may be temporarily required) ; (f) to increase the
consumption of industrial and agricultural products by increasing
purchasing power; and (g) otherwise to rehabilitate industry and to
conserve natural resources.
(8) That said Code, when approved by the President, will con-
stitute a Code of Fair Competition for the Raw Peanut Milling
Industry within the meaning of Section 3 (a) of Title I of the
National Industrial Recovery Act.
Respectfully,
H. A. Wallace,
Secretary.
Department of Agriculture,
^VasJiiiHjton^ D.C., January 9, 1934-.
Hon. Hugh S. Johxson,
Administrator^ National Recovery Administration^
Was/iin(/ton, B.C.
Dear General Johmson: I am transinittino- herewith the Code of
Fair Competition for the Raw Peanut Milling Industry. The labor
provisions of this code have already received j^our approval.
This is one of the codes over which you will have jurisdiction
under the terms of the Executive Order which has been signed by
the President.
The Agricultural Adjustment Administration has prepared a
marketing agreement for the peanut millers who are affected by this
code. This agreement has received my tentative approval and has
been signed by a substantial majority of the peanut millers in the
various peanut producing states. The peanut millers have, however,
taken the position that they do not desire the agreement to become
effective until their code is made effective. For this reason I am
anxious that there be no unnecessarj^ delay in making effective this
code which, as you will note from the record, is acceptable to a great
majority of the industry. I hope, therefore, that it will be possible
for you to obtain final approval for this code and leave the matter
of any adjustment to be made in the code, in line with the policy set
forth by the Executive Order, to be handled at a later date.
In view of the fact that the labor provisions Avere originally ap-
proved by 3-ou on December 20, I trust that there will be no difficulty
in following this procedure.
Sincerely yours,
H. A. Wallace,
Secretary.
(103)
December 20, 1933.
Hon. Henry A. Wallace,
Secretary of Agriculture^ Washington^ B.C.
Dear Mr, Secretary: Attached herewith is my recommendation
for the approval of Labor Provisions of the Code of Fair Competi-
tion for the Raw Peanut Milling Industry, together with supporting
documents.
' Will you kindly transmit this file with the Code of Fair Competi-
tion for this Industry, which I understand you are about to trans-
mit to the JPresident with your recommendation for approval, pur-
Buant to Executive Order of June 26, 1933.
Your kind offices in this matter will be gi-eatly appreciated.
Yours very truly,
Hugh S. Johnson,
Adrninistrato-r.
(104)
CODE OF FAIR COMPETITION
FOR THE
RAW PEANUT MILLING INDUSTRY
Article I — Purposes
Whereas, it is the declared policy of Congress as set forth in
section 1 of title I of the National Industrial Recovery Act :
" to remove obstructions to the free flow of interstate and foreign
commerce Avhich tend to diminish the amount thereof ; and to provide
for the general welfare by promoting organization of industry for
the purpose of cooperative action among trade groups, to induce
and maintain united action of labor and management under adequate
governmental sanctions and supervision, to eliminate unfair com-
])etitive practices, to promote the fullest possible utilization of the
present productive capacity of industries, to avoid undue restriction
of 2)roduction (except as may be temporarily recjuirecl), to increase
the consumption of industrial and agricultural products by increas-
ing purchasing power, to reduce and relieve unemplojnnent, to im-
prove standards of labor, and otherwise to rehabilitate industry and
to conserve natural resources; "
Now, therefore, to effectuate such policy, the following provisions
are established as a Code of Fair Competition for the Raw Peanut
Milling Industry, and upon approval by the President, shall be
the standards of fair competition for such industry and shall be
binding upon every member thereof.
Article II — Definitions
Section I. As used in this code —
(a) The term "President" means the President of the United
States.
(b) The term " Secretary " means the Secretary of Agriculture of
the United States.
(c) The term " National Recovery Administrator " means the duly
designated representative of tlie President to administer such func-
tions and powers under title I of the National Industrial Recovery
Act as are not delegated to the Secretary by Executive Order.
(d) The term "Act" means title I of the National Industrial
Recovery Act, approved June 10, 1933.
(e) The term " Person " means individual, ])artnership, corpora-
tion, association, and any other business unit.
(f) The term "Raw Peanut Milling Industry" (hereinafter re-
ferred to as "the industry") includes the cleaning and/or shelling
of raw peanuts.
333S.3° 313-S5 ?.4 2 (105)
106
(g) Tlie term " Member of the Industry " means any person en-
gaged in the industry, either as an employer or on his own behalf,
including any person who contracts for the cleaning and/or shelling
of raw peanuts with a member of the industry as to all transactions
in the i)eanuts so cleaned and/or shelled.
(h) The term '' Employee " means unj person engaged in the in-
dustry in any capacity receiving compensation for his services, irre-
spective of the nature or method of payment of such compensation.
(i) The term " Employer " means any person by whom any such
employee is compensated or employed.
(j) The term "Books and Records" means any books, records,
accounts, contracts, documents, memoranda, papers, correspondence,
or other written data pertaining to the business of the person in
question.
(k) The term '• Subsidiary " means any person, of or over whom,
a member of the industry has, either directly or indirectly, actual
or legal control, whether by stock ownership or in any other manner.
(1) The term "Affiliate " means any person who has, either directly
or indirectly, actual or legal control of or over a member of the
industry, whether by stock ovvuership or in any other manner.
(m) The term " National Administrative Committee "' means the
National Administrative Committee created pursuant to Article IX
hereof.
(n) The term "Regional Committees" means the Regional Com-
mittees created pursuant to Article IX hereof.
(o) The term " The Virginia Area " means the territory included
in the States of Virginia, North Carolina, Tennessee, and Penn-
sylvania.
(p) The term "The Southeastern Area" means the territory in-
cluded in the States of Georgia, Alabama, South Carolina, Florida,
and Mississippi.
(q) The term " The Southwestern Area " means the territory
included in the States lying west of the Mississippi River.
(r) The term "Outside Salesmen" means salesmen who exclu-
sively perform the functions of selling but do not deliver.
(s) The term " Outside Peanut Buyer " means a buyer who travels
through the producing areas for the purpose of buying and/or
receiving peanuts to be shij^ped to a member of the industry.
(t) The term " Watchman " means a person wdiose sole function
is watching.
Article III — Hours
Section 1. No employer shall employ any clerical, accounting, or
other office employees in excess of 44 hours in any one week, or 8
hours in any one day, or any employee, other than those covered in
the preceding clause, in excess of 40 hours in any one week, or 8 hours
in any one day, with the following exceptions:
(a) Executive, supervisory, technical, and administrative em-
ployees, provided that they receive regularly $35 per w^eek or more,
outside salesmen and outside peanut buyers.
(b) Watchmen, provided, however, that they shall not work more
than 56 hours per week.
107
(c) Cliaiiffeiirs, clelivenMnen, receivino- and shipping crews, pro-
vided, however, that they shall not work more than 48 hours per
week.
(d) Firemen, engineers, electricians, and shop crews, provided
that they shall not work more than 48 hours per week.
Sec. 2. The maximum hours fixed in the section innnediately fore-
going shall not apply to employees engaged in emergency repair
work; provided, however, that any employee, except an employee
covered by paragraph (a) of said section, engaging in emergency
repair v\-ork beyond the maximum hours established for him in said
section shall be compensated by at least time and one third his
normal rate for hours worked in excess of his maximum, and reports
shall be made monthly to the National Administrative Committee
stating the number of hours worked in excess of maximum on
emergenc}' repair work.
Sec. 3. Any employee, except a watchman, working on a Sunday
or legal holiday shall be compensated by at least time and one third
his normal rate for the hours so worked.
Article IV — Wages
Section 1. On and after the effective date the minimum wage
that shall be paid by emploj^ers in the industry shall be in accord
with the following schedule :
Class A. — Those engaged in the light work of picking peanuts
at picking tables, bag patching, messengers, and common labor not
otherwise classified, 15^ per hour.
Class B. — Those engaged in shipping and receiving, feeders of
peanuts into mills, sweepers, helpers, sack sewers, chute attendants,
watchmen, and oilers, 22^ per hour.
Class C. — Firemen, chauffeurs, deliverymen, and head floormen,
27^ per hour.
Class D. — Picking-room foremen, shop crews, and engineers, 35^
per hour.
Cla.ss E. — Clerical, accounting or other office employees, $14 per
week.
Sec. 2. Female emploj^ees performing substantially the same work
as male employees shall receive the same rate of pay as male
employees.
SecI 3. It is agreed that this Code guarantees a minimum rate of
pay regardless of whether the employee is compensated on a basis
of time-rate or piecework performance.
Sec. 4. The hourly wage rate for occupations other than coinmon
labor shall be increased by a sum whicii will at least maintain the
weekly earnings existing on an average during the month of July,
1933, and in no case shall wages be reduced.
Sec. 5. The minimum rates of the wages and the maximum hours
of work set forth above shall be effective for a period of four
months from the effective date of this Code and thereafter until
such time as said rates and hours may be revised in accordance
therewith. After four months from the effective date of this Code
said rates and hours may be reviewed by the .Vdministrator at publio
hearing, following such notice as he shall specify.
108
Sec. G. a person Y\'hose earning capacity is limited becanse of
age or i)hysical or mental handicap may be employed on liglit work
at a wage below the minimum established by this Code if the em-
ployer obtains from the State authority designated by the United
States Department of Labor a certificate authorizing his employ-
ment at such wages and for such hours as shall be stated in the
certificate. At least one such person may be employed by each
member of the industry ; but, vvdiere more than one are so employed,
the aggregate of them shall not exceed 5% of all persons in the
employ of such member of the industry. Each employer shall keep
on file with the National Administrative Committee a list of all
persons in his employ whose earning capacity is so limited.
Sec. T. After the effective date of this Code no employer shall
withhold any wages.
Article V — General Labor Provisioxs
Section 1. On and after the effective date of this Code no person
under 16 years of age shall work or be permitted to worlf in the
industry.
Sec. 2. No person under 18 years of age shall work or be permitted
to work at operations or occupations deemed to be detrimental to
health or hazardous. The National Administrative Committee shall
submit before February 1, 1934, to the Administrator for approval
a list of such occupations.
Sec. 3. Members of the industry shall comply with all laws and
ordinances for their respective localities imposing more stringent
recpiirements, regulating the minimum age of employment, wages,
hours of work, or health, fire, or general Avorking condition.s, than
are imposed under this Code.
Sec. 4. Pursuant to Section 7 (a) of the National Industrial Re-
covery Act, the following conditions are hereby embodied in and
prescribed as a part of this Code.
(a) That employees shall have the right to organize and })argain
collectively through representatives of their own choosing and shall
be free from interference, restraint, or coercion of employers of
labor, or their agents, in 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.
(b) That no employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing.
(c) Tliat employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
Sec. 5. No employer shall reclassify emplojTcs or duties of occu-
pations performed or engage in any other subterfuge for the purpose
of defeating tlie provisions of the Act or of this Code,
Sec. 6. (a) Each employer shall post in' a conspicuous jdace of
easy and continuous access to employees the articles dealing with
hours, wages, and general labor provisions of this Code.
(b) Such notice shall be printed in English in type of at least 10
point ; and at least three notices shall be posted in any shops employ-
109
in^^ more than 10 employees, and one in any smaller shop. Notices
shall be posted in such other languages as may be spoken by
employees.
(c) All changes in the provisions of llujse aforesaid articles shall
be posted within one Aveek after such changes have been incorporated
in the Code.
Article VI — Unfair MExiions of Competition
The following practices constitute unfair methods of competition
and are prohibited :
Section 1. False advertising. — To publish or disseminate in any
manner any false advertisement. An advertisement shall be deemed
to be false if it is untrue in an}- particular, or if directly or by
ambiguity or inference it creates a misleading impression.
Sec. 2. Misbranding. — To sell or otherwise introduce into com-
merce any peanuts which are misbranded. Peanuts shall be deemed
to be misbranded :
(a) Standards of fill. — If the container is so made, formed, or
filled as to mislead the purchaser, or (2) the contents fall below the
standard of fill prescribed regulations of the Secretary hereunder ;
(b) Standards of identity. — If they purport to be or are repre-
sented as peanuts for which a definition of identity has been pre-
scribed by regulations of the Secretary hereunder and fail to con-
form to the definition ;
(c) Standards of quality. — If they purport to be or are repre-
sented as peanuts for which standards of quality have been pre-
scribed by regulations of the Secretary hereunder, and (1) fail to
state on the label, if so required by the regulations, the standard of
quality in such terms as the regulations specify, or (2) fall below
the standard stated on the label.
Sec. 3. Opening Day. — To accept delivery of farmers' stock pea-
nuts of the new crop prior to the opening day for such acceptance
which shall be determined and announced annually by the Regional
Committ-ees for their respective areas.
Sec. 4. Sale of Seed. — To sell or offer for sale nubs, pegs, or oil
stock for planting purposes.
Sec. 5. Subsidizing. — To obtain a monopoly of the operation of
trucks or picking machines with the purpose of preventing the use
of the same by a competitor, or to subsidize the owners or operators
of trucks or picking machines or to furnish free bags to producers,
pickers, or truckers, or to store farmers' stock peanuts free of
charge.
Sec. 6. Guaranties and Concessions. — To guarantee prices against
declines in any manner whatsoever, and to pay or allow to buyers
of cleaned and/or shelled peanuts or to sellers of Farmers' stock
peanuts allowances, bonuses, rebates, subsidies, or concessions of any
kind.
Sec. 7. Call Peanuts. — To purchase farmers' stock peanuts at a
price to be determined at a date subsequent to the date of the contract
of sale.
Sec. 8. Contract<. — To post-date or pre-date contracts to sell
cleaned or shelled peanuts, or to contract in any manner whatever
110
without definite commitment by both parties as to price and time
within ■which shipment shall be made.
Akticles VII — Reports
Section 1. The members of the industry shall severally, from
time to time, upon the request of the Secretary (or the National
Recovery Administi-ator in case of information relating to hours
of labor, rates of pay, or other conditions of employment) furnish
such information, on and in accordance with forms of reports to be
supplied, as may be deemed necessary for the purposes of (1) assist-
ing in the furtherance of the powers and duties of the Secretary or
the National Recovery Administrator with respect to this Code
and/or (2) enabling the Secretary or the National Recovery Admin-
istrator to ascertain and determine the extent to Vvdiich the declared
policy of the act and the purposes of this Code will be effectuated,
such reports to be verified under oath.
Sec. 2. The members of the industry shall severally permit, for
the same purposes and/or to enable the Secretary or the National
Recovery Administrator to verify the information furnished on said
forms of reports, all their books and records and the books and
records of their affiliates and subsidiaries to be examined by the
Secretary and/or the National Recovery Administrator during the
usual hours of business.
Sec. 3. The members of the industry shall severally keep books
and records which will clearly reflect all financial transactions of
their respective businesses and the financial condition thereof, and
shall see to it tliat their respective subsidiaries and affiliates keep
such records.
Sec. 4. The members of the industry shall severally, from time to
time, upon the request of the Secretary report to the Secretary the
quantity of farmers' stock peanuts on hand whether owned or stored
for others, and the C|uantity of raw shelled ancl/or cleaned peanuts on
hand owned or stored for others.
Sec. 5. The members of the Industry shall promptly report to
their respective Regional Committees upon request, on such forms as
paid committees may fi-om time to time prescribe, the prices paid or
bid for farmers' stock peanuts by variety and grade, and the prices
asked, received, and onered for raw shelled and/or cleaned peanuts,
by variety and grade.
Sec. G. The Regional Committee shall furnish to the Secretary
(and to the National Recovery Administrator in matters relating to
hours of labor, rates of pay, and other conditions of employment)
upon request any and all information furnished by the members of
the industry pursuant to this Article.
Sec. 7. All information furnished to the Secretary pursuant to this
Article shall remain confidential in accordance with the applicable
General Regulations, Agricultural Adjustment Administration.
Sec. 8. The prices of farmers' stock peanuts paid or bid by each
member of the industry, segregated by variety and grade, shall be
posted conspicuously by each member of the industry so tluit farmers
may be kept advised at all times as to current prices.
Ill
Article VIII — Grades
Section 1. Farm<?rs^ Stock Peanuts. — (a) Farmers' stock Spanish
and Runner peanuts shall be graded on the basis of the established
U.S. Standard Grades and farmers' stock Virginia Tj'pe peanuts
shall be graded on the shelling basis of the established U.S. No. 3
Grade, Class A, and no member of the industry shall purchase farm-
ers' stock peanuts except on the basis of such grades.
(b) Each member of the industry shall make a deduction from
or an increase in the purchase price for farmers' stock ])eanuts for
variations in the sound meat content established by the aforesaid
grades as follo"vvs: In Spanish peanuts of 1/70 of the ton price for
each 1% above or beknv, as the case may be, and in Runner and
Virginia Type peanuts of 1/65 of the ton price for each 1% above
or below, as the case may be. In addition, each member of the in-
dustry shall pay a premium agreed upon with the producer for
Virginia Type peanuts of a quality superior to the general quality
of the crop as evidenced by the proportion of peanuts suitable for
" hand picks " and/or for the proportion of extra large kernels.
(c) In the case of Spanish, Runner, and Virginia Type peanuts,
each member of the industry shall make a deduction from the pur-
chase price for farmers' stock peanuts for damage in excess of 2%
of $2.00 per ton for each 1% or fractional part thereof of such excess
damage.
Sec. 2. Processed Peanuts — (a) Virginia Type Peanuts. — The sev-?
eral grades of cleaned or shelled Virginia Type peanuts established
by. the U.S. Department of Agriculture on April 8, 1932, or as here-
after changed, shall be the standard grades of cleaned or shelled
Virginia Type peanuts. Xo member of the industry shall sell or oti'er
for sale any other grades of Virginia Type peanuts for edible pur-
poses other than for crushing into oil.
(b) Spanish and Runner Peanuts. — The several grades of shelled
Spanish and Runner peanuts established by the United States De-
partment of Agriculture on July 26, 1925, or as hereafter changed,
together with Rule 3, Section 4,"and Rule 4, Section 4, of the Rules
of the Southeastern Peanut Association, concerning good delivery,
ejffective September 1, 1925, shall be the grades of and basis for sales
of shelled Spanish and Runner peanuts. No member of the in-
dustry shall sell or oifer for sale for edible purposes other than
crushing into oil shelled Spanish or Runner peanuts of any other
grades or on any other basis.
Sec. 3. Peanut Products. — To insure the purity and to improve
the quality of edible peanut products, " pick-outs " from shelled
peanuts shall be sold only for crushing into oil and for purposes
other than for human consumption.
Article IX — Supera^sory Bodies
Section 1. National Adm.hiistrative Committee. — The members of
*the industry shall select a National Administrative Committee of not
more than seven members, which shall be approved by the Secretary
and the National Recovery Administrator in the following manner:
112
Two members shall be designated by the Virginia-Carolina Pea-
nut Association, a Virginia corporation with its principal place of
business at Suffolk, Virginia.
Two members shall be designated by the Southeastern Peanut
Association, a Georgia corporation with its principal place of busi-
ness at Atlanta, Georgia.
One member shall be designated by the Southwestern Peanut
^.Association, a Texas corporation with its principal place of business
at Fort Worth, Texas.
One member shall be elected by a m^ajority weighted vote of the
members of the industry in the Virginia area who are not and were
not members of the Virginia-Carolina Peanut Association on the
effective date hereof, and the vote of each such member of the indus-
try for such purpose shall be entitled to the respective weight which
the total volume of peanuts milled by him during the preceding
year ending September 30, bears to the total peanuts milled by all
such members of the industry in said year.
One member shall be elected by a majority weighted vote of the
members of the industry in the Southeastern area who are not and
were not members of the Southeastern Peanut Association on the ef-
fective date hereof, and the vote of each such member of the industry
for such purpose shall be entitled to the respective weight which
the total volume of peanuts milled by him during the preceding
year, ending September 30, bears to the total peanuts milled by all
such members of the industry in said year.
(a) Organization.— KHqy the election of at least five members,
as hereinabove provided, the National Administrative Conunittee
may organize and function, and may elect such officers and adopt
such rules for the conduct of its business as it may deem necessary
or desirable. The members of the National Administrative Com-
mittee, shall seiwe until successors are designated or appointed in
the same manner as hereinabove provided.
(b) Duties and Poivers. — The duties and powers of the National
Administrative Comiinittee include the following:
1. To act as intermediary between the members of the industry
and the Secretary and/or National Recovery Administrator.
2. To formulate rules, regulations, and procedure, subject to dis-
approval by the Secretary and/or National Recovery Administrator,
for the proper administration of this Code and the effectuation of
the policy of the Act.
3. To supervise, cooperate with and coordinate the activities of
the several Regional Committees.
4. To incur such expense and make such expenditures as it deems
necessary properly to administer this Code and effectuate the policy
of the x^Lct.
5. To dispose of all disputes, questions, and complaints referred
to it by the several Regional Committees, and to determine all
disputes between members of the industry situated in different areas
subject to the right of the National Recovery Administrator, on
review, to disajoprove any action taken by it in matters relating to '
hours of labor, rates of pay, or other conditions of employment.
6. To prepare a uniform sales contract, to which all members of
the industry shall adhere, which shall provide for a definite com-
113
mitment by both parties as to price and date of shipment, for set-
tlement of all disputes betAveen bu3'er and seller as to grades and
for settlement of other disputes by arbitration. Any such form of
sales contract so adopted may be revised from time to time by the
National Administrative Committee and may be disapproved in
Avhole or part at any time by the Secretary.
(c) Admin 1st rat ion Menihers. — The National Recovery Adminis-
trator may designate an agent who shall have the privilege of at-
tending any meeting of the National Administrative Committee, but
shall not be vested with voting power in the affairs of said Com-
mittee, and shall serve without any expense to the industry.
Sec. 2. Rey'fonal Committees. — Eegional Committees of not more
than three members shall be appointed for the Virginia, Southeast-
ern, and Southwestern Areas by the Peanut Association in each area,
unless the members of the industry in any area who are not and
were not members of the association on the effective date hereof
milled 10% or more of the total peanuts milled in such area during
the preceding year ending September 30. In tliat event one mem-
ber shall be elected by a weighted majority vote of said members of
the industry who are not and were not members of such association
on the effective date hereof, and for such purpose the vote of each
such member of the industry shall be entitled to the respective weight
which the total volume of peanuts milled by him in said preceding
year ending September 30 bears to the total peanuts milled by all
such members of the industry in said year.
(a) Organization. — After the selection of all members of a
Regional Committee, as hereinabove provided, such Regional Com-
mittee may organize and function, and may elect such officers and
adopt such rules for the conduct of its business as it may deem neces-
sary or desirable. The members of the several Regional Committees
shall serve for one year from the date of election or designation, or
until their successors are designated or elected in the same manner
as hereinabove provided.
(b) Duties and Powers. — Subject to the right of the National
Recovery Administrator, on review, to disapprove any action taken
by any Regional Committee in matters relating to hours of labor,
rates of i^ay, or other conditions of employment, the duties and
powers of the several Regional Committees include the following:
1. To act as intermediary between the members of the industry
and the National Administrative Committee.
2. To exercise general supervision over the Administration of
this Code and the effectuation of the policy of the Act in their
respective areas by and with the advice, consent, and direction of
the National Administrative Committee.
8.' To employ a Regional Manager and such other employees as
it deems necessary, and to define the duties and fix the compensa-
tion of any such employees.
4. To incur such expense and make such expenditures, subject to
approval by the National Administrative Committee, as it deems
necessary to the proper performance of its duties and the proper
exercise of its powers hereunder.
5. To dispose of all questions, complaints, and disputes arising
under this Code within the area, or to refer any such controversy
114
to the National Administrative Committee with or without ruling
and recommendation, provided, however, that if a member of any
Regional Committee shall be a }:)arty to, or the representative of a
"partj to, any such dispute, he shall, for the purpose of the considera-
tion thereof, be disqualified as a member of such committee.
(c) Administration Members. — The National Recovery Adminis-
trator ma}" designate an agent who shall have the privilege of
attending any meeting of any Regional Committee, but shall not be
vested with voting power in the affairs of said Committee, and shall
serve without any expense to the industry.
Sec. 3. Investigations. — It shall be the duty of the Regional
Managers, if any, and if in any area no Regional Manager has been
appointed it shall be the duty of the Regional Committee, to investi-
gate any alleged or suspected violation of this Code. In aid of any
such investigation the Regional Managers or the Regional Com-
mittees, as the case may be, may require any member of the industry
to submit such information under oath as may be necessary or
pertinent to such investigation. Any information so obtained by th©
Regional Managers and/or Regional Committees shall not be dis-
closed except to the National Administrative Committee, the Secre-
tary, and the National Recoveiy Administrator. If any Regional
Committee concludes that any member of the Industry within its
area is violating any of the terms or conditions of this Code, it may
order such violation discontinued and, in the event of noncompliance
with any such order, it shall report such violation, together with all
facts pertaining thereto, to the Secretary and/or the National
Recovery Administrator.
Article X — Expenses
Section 1. The members of all coimnittees created hereby or here-
inunder shall serve without compensation, but shall be entitled to
their expenses necessarily incurred in the performance of their duties
hereunder.
Sec. 2. The National Administrative Committee shall periodically
notify each Regional Committee the amount of its share of the total
expense incurred by said National Administrative Committee, and
such share shall be that proportion of the total expense of said
committee which the total volume of peanuts milled in each area
during the preceding year ending September 30 bears to the total
volume of peanuts milled in all areas.
Sec. 3. Each member of the industry shall pay to his Regional
Committee a share of all expenses incurred pursuant to this Code
and will make such paj'ment on receipt of notice of his share of such
expenses as hereinafter provided. Such share shall, tentatively,
be such proportion of the total expenses as each such member's esti-
mated total peanuts milled during the current crop year commencing
October 1 bear to the estimated total of such peanuts milled by all
the members of the industry during said crop year. Such shares
shall be recomputed at the end of each crop year ending Septem-
ber 30 on the basis of each such member's actual proportion of the
total peanuts milled in said crop year, and adjustments shall be
made with each such member on the basis of such recomputation.
115
Sec. 4. Each Regional Committee shall periodically report its
expenses, together with its share of the expense of the National
Administrative Connnittee, to an employee, a bank, or some other
agency designated by it, and each member of the industry shall re-
port to such agency the peanuts milled by it during the crop year
to date or for the whole crop year ending September 30, as the case
ma}' be. Such agency shall then apportion the total expense among
all the members of the industr}' as hereinabove pi'ovided.
Article XI — ^Duration of Immunities
The benefits, privileges, and immunities conferred by this Code
shall cease upon its termination except with respect to acts done
prior thereto.
Article XII — Agents
The Secretary and the National Recovery Administrator may each
by designation in writing name any person, including any officer
or employee of the Government, to act as his agent in connection
with his respective powers and duties under any provision of tliig
Code.
Article XIII — Modification
This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provision
of Section 10 (b) of the Act, from time to time, to cancel or modify
any order, approval, license, rule, or regulation issued under the
Act, and specifically, but without limitation, to the right of the
President to cancel or modify his approval of the Code or any
conditions imposed by him upon his approval thereof.
Aritcle XIV — Effective Time
This Code shall become effective on the fifth day after its approval
by the President.
Approved Cofle No. 203.
Kegistry No. 136-01.
o
Approved Code No. 204
CODE OF FAIR COMPETITION
FOR THE
PLUMBING FIXTURES INDUSTRY
As Approved on January 13, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
PLUMBING FIXTURES INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Plumbing Fixtures Industry, and hear-
ings having been duly held thereon and the annexed report on said
Code, containing findings with respect thereto, having been made
and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and
purposes of said Title of said Act; and do hereby order that said
Code of Fair Competition be and it is hereby approved ; provided,
however, that the application of the provisions of Section 7 or
Article VIII, in so far as they provide for the establishment of
differential discounts as between wholesalers and other classes of
purchasers (as defined in such section) and for wholesaler and
other purchase price levels, be, and they hereby are, stayed for a
period of sixty (60) days in order to afford consideration of the
objections of any interested parties to such provisions, at the expira-
tion of which period the said provisions shall become effective unless
I shall, b}^ my further order otherwise determine, or extend such
stay.
Hugh S. Johnson,
Administrator for Industi^l Recovery.
Approval Recommended :
Malcolm Muir,
Division Adimnistrator.
Washington, D.C,
January 13, 1934.
83194° 313-77 84 (117)
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Plumbing Fixtures Industry (including the Enameled Cast Iron
Plumbing Fixture Industry, Vitreous C-hina Plumbing Fixture In-
dustry, Sanitary Seat Industry, and the Sanitary Brass Plumbing
Fitting Industry) and on the public hearing conducted thereon in
Washington, D.C., on August 30, 1933, in accordance with tiie pro-
visions of the National Industrial Recovery Act.
INDUSTRY BACKGROUND
The Plumbing Fixtures Industry represents a composite group of
manufacturers of sanitary plumbing products such as bath tubs,
lavatories, sinks, brass fittings, and other related articles. In the
industry's peak year, 1925, the total volume of business was esti-
mated in excess of $200,000,000. To produce this volume, about
35,000 workers were directly employed. In 1931, the most recent
year for which statistics are available, the volume of business had
dropped to approximately $86,000,000 and about 20,000 workers were
employed on part-time basis. In June, the largest month of this
year, approximately the same number of workers were employed
on part-time basis as in 1931.
HOURS AND WAGES
The Code establishes a 40-hour week. Minimum rates of wages
established are 40 cents per hour for males over 21 years of age in
the North and 35 cents per hour in the South ; 35 cents per hour for
females over 21 years of age; and for all employees under 21 years
of age, 32 cents per hour or 80 percent of the minimum rate for
adult male employees. Women employees at the same work will
receive the same pay as male workers. The maximum hour provi-
sions are not to apply to any employee in emergencies but in each
special case, at least time and one half the normal rate shall be
paid all employees working in excess of the maximum hours.
Child labor is prohibited.
There is also a clause providing that a " Safety and Health
Manual " for the improvement of working conditions be submitted
by the Code Authority for the approval of the Administrator.
ECONOMIC EFFECT AND FEATURES OF THE CODE
The Plumbing Fixtures Industry is largely dependent upon new
construction for its volume. With new residential construction work,
upon which this industry largely depends for a market, averaging
between 10 and 15 percent of normal in 1933, this industry has
subsisted primarily on modernization work which has not been
(118)
119
sufficient to provide much production or increased employment.
Despite the deplorable condition of the construction industry, the
Code will increase employment within the industry about 15 percent
with a larger percentage increase in the payrolls. A fact worthy
of mention is that the Code does not add appreciably to the cost of
construction.
Another feature of the Code, worthy of note, is that providing for
the elimination of the sale in the United States of all but first grade
ware guaranteed against manufacturing defects. This provision
protects the consumer against a long standing malpractice wherein
he often received second grade products (commonly known as culls)
though paying for first grade.
A forward step in the stabilization of the plumbing industry was
consummated by the coordination with this Code of those of the
plumbing wholesaling and plumbing contracting fields by means of
which action many differences and problems between the several ele-
ments of the industry have been eradicated or rectified.
Furthermore, to achieve fair and equitable methods of distri-
bution within the industry, separate wholesale and retail purchase
levels are to be established by each manufacturer, such price levels
to form the basis of cost determination by plumbing wholesalers
and contractors in arriving at their selling prices.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will
provide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervi-
sion, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of in-
dustrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving stand-
ards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
associations are industrial associations truly representative of the
aforesaid Industry; and that said associations impose no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
120
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
Administrator.
January 13, 1934.
CODE OF FAIR COMPETITION
FOR THE
PLUMBING FIXTURES INDUSTRY
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Plumbing Fixtures Industry including
Enameled Cast Iron Plumbing Fixtures Industry, Vitreous China
Plumbing Fixture Industry, Sanitary Seat Industry, Sanitary Brass
Plumbing Fitting Industry, and shall be the standard of fair com-
petition for such industries and shall be binding upon every member
thereof.
Aeticle II — Definitions
Section 1. Industry. — The term " industry ", as used herein, in-
cludes the manufacture and sale of :
(a) Enameled cast iron plumbing fixtures, such as bath tubs,
shower receptors, lavatories, sinks, drinking fountains, laundry
trays, closet tanks, accessories, and the like*
(b) Vitreous China plumbing fixtures, such as lavatories, drinking
fountains, closet bowls, closet tanks, urinals, bath tubs, accessories,
and the like;
(c) Seats of whatever composition, for installation on and for use
in connection with closet bowls and the like;
(d) Sanitary brass plumbing fittings, such as bath fittings, shower
fittings, lavatory fittings, sink fittings, drinking fountain fittings, and
other completed fittings and trimmings for use in connection with
plumbing fixtures and the like;
(e) Such branches and subdivisions thereof and such related in-
dustries as may from time to time, with the approval of the Adminis-
trator, be included under the provisions of this Code.
Sec. 2. Employee. — The term " employee " as used herein, includes
anyone engaged in the industries in any capacity receiving compen-
sation for his services irrespective of the nature or method of pay-
ment of such compensation.
Sec. 3. Employer. — The term " employer " as used herein, includes
anyone by whom any such employee is compensated or employed.
Sec. 4. Manufacturer or Member of the hidustries. — The term
" manufacturer " or " member of the industries " includes anyone
engaged in the industries as above defined, or any portion thereof,
either as an employer or on his own behalf.
Sec. 5. President, Act, AdimnlstratoT. — The terms " President ",
"Act ", and "Administrator " as used herein shall mean, respectively,
the President of the United States, Title I of the National Indus-
trial Recovery Act, and the Administrator for Industrial Recovery.
(121)
122
Sec. 6. Association.. — The term "Association " means, respectively :
(a) Sanitary Cast Iron Enamel Ware Association
(b) Vitreous China Plumbing Fixture Association
(c) Seat Manufacturers' Association
(d) Sanitary Brass Manufacturers' Association
(e) National Brass Association
Sec. 7. U^iited States. — The terms " United States " or " this coun-
try ", as used herein, include all of the territorj' of the United States
of America, including its insular and maritime possessions, but
excluding the Philippine Islands.
Article III — Maximum Hours
Section 1. Maximum Hours of Work. — No employee shall be per-
mitted to work in excess of forty (40) hours in an}'^ one week, or
eight (8) hours in any twenty-four (24) hour period, or regularly
in excess of six (6) days in any seven (7) day period.
Sec. 2. Exempt Employees. — The maximum hours fixed in the
foregoing section shall not apply to salesmen, in the field nor to em-
ploj-ees in office or factory in managerial, supervisory, executive, and
technical capacities who receive compensation in excess of thirty-five
dollars ($35.00) per week. All such employees shall be listed by
their employers with the Code Authority.
Sec. 3. Emergencies. — The maximum hours fixed in the foregoing
Section 1 shall not apply to any employee in emergencies; but in eacli
special case, at least one and one half (IV2) times his normal rate
shall be paid for hours worked in excess of the maximum hours. At
the end of each calendar month every employer shall report to the
Code Authority, in such detail as may be required, all such cases.
Article IV — IMinimum Wages
Section 1. Minimum, Hourly Rates. — The minimum rates of pay
for all employees, except those provided for in Section 3 of this
Article, shall be as follows :
(a) No male employee over twenty-one (21) years of age shall
be paid at a rate less than forty (40) cents per hour, except in the
states of Virginia, North Carolina, South Carolina, Georgia, Florida,
Alabama, Tennessee, Mississippi, Arkansas, Louisiana, Oklahoma,
Texas, New Mexico, and Arizona no male emploj^ee over twenty-one
(21) years of age shall be paid at a rate less than thirty-five (35)
cents per hour.
(b) No female employee over twenty-one (21) years of age shall
be paid at a rate less than thirty-five (35) cents per hour.
(c) No employee under twenty-one (21) years of age shall be
paid at the rate of less than 32^ per hour or 80% of the minimum
rate for adult male employees; provided, however, that the number
of minor employees receiving less than the minimum rates for adult
employees shall not exceed 5% of the total number of emplo3'ees in
any one factory. INIinors in excess of said 5% may be employed
provided that they be [)aid not less than the minimum rates for
adult employees.
123
Seo. 2. Incentive Compensation. — The fore<joinf; Section estab-
lishes a minimum rate of pay, regardless of whether an employee
is compensated on a time-rate, piecework, or other basis.
Sec. 3. Minimum Salwy Kates. — No employer shall pay any ac-
counting, clerical, or office employee at less than the rate of fifteen
dollars ($15) a Aveek; provided, however, that office boys and girls
under twenty-one (21) years of age may be paid not less than 80%
of such minimum wage; but the total' number of such office boys
and girls receiving less than fifteen dollars ($15.00) a week shall not
exceed 5% of the total number of employees covered by the provi-
sions of this paragraph. Minor office boys and girls in excess of said
5% may be employed provided that they be paid not less than the
minimum rate for adult employees.
Sec. 4> Female Employees. — Female employees performing sub-
stantially the same work as male employees shall receive the same
rates of pay as male employees.
Sec. 5. Wages above the Minimuin. — To the extent practicable,
the differences in hourly rates of pay or hourly earnings above the
minimum existing on June 16, 1933, shall be maintained, and in no
case shall they be decreased. Within thirty (30) days all such re-
adjustments made since June 16, 1933, shall be reported to the
Administrator through the Code Authority.
Article V — General Labor Provisions
Section 1, Child Lahor. — No person under sixteen (16) years of
age shall be employed in the industry, nor shall anyone under eight-
een (18) years of age be employed at operations or occupations
hazardous in nature or detrimental to health. The Code Authority
shall submit to the Administrator within ninety days after the
approval of this Code, a list of such occupations. In any State an
employer shall be deemed to have complied with this provision if
he shall have on file a certificate or permit duly issued by the au-
thority in such State empowered to issue employment or age cer-
tificates or permits, showing that the employee is of the required age.
Sec. 2. Required Provisions. — (a) 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.
(b) No employee and no one seeking employment shall be re-
quired, as a condition of employment, to join any company union or
to refrain from joining, organizing, or assisting a labor organization
of liis own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
Sec. 3. Posting Code. — Each employer shall post in conspicuous
places full copies of this Code.
Sec. 4. Reclassi-flcation. — Employers shall not reclassify employees
or duties of occupations performed by employees so as to defeat the
purposes of the Act.
83194 ° 813-77 34 2
124
Sec. 5. Reports. — (a) Each employer in these industrios shall fur-
nish monthly to the Code Authority on forms to be furnished by
said Code Authority, a sworn report of the number of persons em-
l^loyed, Avaire rates in effect, and hours worked durino- the preceding
month in his plant or plants, classified as to occupations, together
with other sworn production or employment reports as the Code
Authority may require from time to time, and an affidavit that the
employer has complied with all the provisions of this Code.
(b) Individual reports shall not be available to anyone except
the Administrator and the representatives of the Code Authority
(who shall not be in the employ of any employer under this Code),
provided, however, that in the event of a complaint the Code Au-
thority shall have access to all information pertinent to such com-
plaint. Total figures compiled from such reports shall be available
to the members of the Industry.
Sec. 6. Health and Safety. — No employer shall maintain in his
plant standards of health, safety, and sanitation, or other conditions
relating to employment lower than the standards approved for the
Industry by the xVclministrator or provided by the laws of the
jurisdiction, A " Safety and Health Manual " for the Industries
shall be submitted by the Code Authority for approval by the
Administrator.
Sec. 7. State Laws. — Within each State this Code shall not super-
sede any laws of such State imposing more stringent requirements
on employers regarding the age of employees, wages, hours of work,
health, or general working conditions than provided by this Code.
Article VI — Administratiox
To further effectuate the policies of the Act, a Code Authority
is hereby constituted to cooperate with the Administrator in the
administration of this Code.
Section 1. Organization and Constitution of Code Aidhority. —
(a) The Code Authority shall consist of seven (7) individuals,
or such other number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth. The Adminis-
trator, in his discretion, may appoint not more than three (3)
additional members without vote to represent the Administrator or
such groups or interests as may be agreed upon.
(b) The following industries shall each have the following num-
ber of representatives :
Industry : Representatives
Enameled Cast Iron Plumbing Fixture Industry 2 persons
Vitreous China Plumbing Fixture Industry 2 persons
Sanitary Seat Industry 1 person
Sanitary Brass Plumbing Fitting Industry 2 })orsons
Each of the above industries' representatives on the Code Au-
thority shall be nominated by the Chairman of that industry's
association; except that in the Sanitary Brass Plumbing Fitting
Industry one representiitive shall be nominated by the Chairman
of the Sanitary Brass Manufacturers' Association and one by the
Chairman of the National Brass Association and elected in the
manner hereinafter described.
125
The members of the Code Authority shall be elected at meetings
of tlie members of the industries called immediately after the ap-
proval of this Code by the Administrator and held immediately
])rior to the effective date thereof. The meetings shall be called by
the respective associations and notice thereof shall be sent by regis-
tered mail to all members of the respective industries. The notice
shall specifically state that voting at the meeting may be in person
or by proxy. The members of the Code Authority shall be elected
by memb?rs of the industries present in person or by proxy at such
meetings by a majority vote of members of the industries present
in person or by proxy as such.
in the event that this Code shall be wholly adopted by related
industries, jirovsions shall be made for their representation upon
the Code Authority by election in the before-mentioned manner, and
the number of memb?rs of the Code Authority shall be increased
by one (1) for each such additional industry.
(c) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall:
(1) Impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the jiurpose of the Act.
(d) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper ; and thereafter if he shall find that the Code
Authority is not truly representative or does not comply with the
provisions of this Code appropriate modification in the methods of
selection of the Code Authority may be made.
(e) Participation in any administrative activities or endeavors
under this Code shall be based on the following:
(1) Payment of the pro rata share of the cost of administering
this Code bj?^ becoming a member of one of the Associations; or
(2) Pa^-ment to the appropriate association of an equitable pro
rata share of the expense incurred by such Association in administer-
ing this Code.
Sec. 2. Duties and Potoers of Code Authority. — The Code Au-
thority shall have the following duties and powers to the extent
permitted by the Act, subject to the right of the Administrator, on
review, to disapprove any action taken b}^ the Code Authority.
(a) The Code Authority shall cause this Code to be enforced,
and subject to review by the Administrator, shall designate such
agents and delegate such authority to them as may be necessar}' or
convenient.
(b) It shall investigate complaints of violations of this Code and
shall take such steps as may be necessary to secure an equitable dis-
position of any such complaint. The Code Authority may provide
for its own organization, and may make such rules as to meetings,
notices, waivers of notice, and other procedural matters as it may
from time to time determine; provided, however, that notice of meet-
ings shall be sent to the Administrator sufficiently in advance of such
126
meetings to permit the Administrator or his representatives to attend
such meetings if desired. The Code Authority may, to such extent
as it may determine, act by and through the Fair Competition Com-
mittee of each industry.
(c) The Chairman of each Association shall nominate a Fair Com-
petition Commitee consisting of five members who shall be elected by
a majority vote of the members of each industry. This Committee
shall be charged with the duties of investigating complaints of
unfair trade competition and adjusting same in the light of the
provisions of this Code. In cases where anyone accused of unfair
competition refuses to abide by a decision of a majority of the Fair
Competition Committee, the Committee shall refer its findings and
recommendations with respect thereto to the Code Authority for
disposition. The final appeal within the Industries shall be to the
Code Authority. Appeals from its decisions shall be referred to the
Administrator for disposition. The decisions of the Code Authority
under this paragraph shall be subject to review by the Administrator.
(d) The Code Authority may require from time to time the indus-
try or industries, subject to its authority, to submit in total figures
for its own consideration and for transmittal to the Administrator
such reports, statistical data, and other information as it may require.
Such information shall be held confidential and shall not be open to
inspection except as to totals of the industry. The compilation of
reports shall be performed by individuals who are not in any way
connected with members of the Industry or Industries.
(e) In addition to the information required to be submitted to the
Code Authority as set forth in tliis Article, there shall be furnished
to government agencies such statistical iniormation as the Admin-
istrator may deem necessary for the purposes recited in Section 3
(a) of the National Industrial Recovery Act.
Article VII — Trade Practices
The following practices constitute unfair metliods of competition
for members of the industry and are prohibited :
Section 1. Discrimination. — To discruninate in prices, terms, dis-
counts, allowances, guarantees, or in any other way between pur-
chasers of the same class, except as hereinafter set lortli in Section
T of Article VIII hereof, whether the material is sold for pur-
chaser's stock, for specific building operations, or for any other spe-
cific purposes; provided, however, that nothing in this Code shall
be construed to prevent any manufacturer from selecting within tlie
classes established his own customers in bona fide transactions.
Sec. 2. Secret Rebates. — Withholding from, or inserting in the
invoice, or other sales documents, facts which make said documents
false records, wholly or in part, of the transaction represented on
the face thereof, except where modified arrangements are on file with
the Code Authority. The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in the
form of money or otherwise, or the secret extension to certain pur-'
chasers of special services or privileges not extended to all purchasers
on like terms and conditions.
Sec. 8. Postdating and Predating . — Postdating or predating of
quotations, orders, invoices, statements, or other saJes documents.
127
Sec. 4. Inducing Breach of Contract. — Inducing or attempting
to induce the breach of a contract between a competitor and his
customer (hirinii; the term of such contract; provided, however, that
nothing in this rule shall be taken to prevent a manufacturer who
has quoted on the material involved from calling to the attention of
the jjurchaser, even though the order has been placed and accepted,
that the materials for which the order has been placed do not con-
form in size, quantity, or quality to those on which the quotations
were solicited.
JSec. 5. Repudiation of Gontra<its. — Repudiation of accepted orders
and other contracts or their attempted cancellation, except for legal
cause or by mutual consent.
Sec. 6. Lump sum and Comhination Bidding. — Quoting a total
price on any schedule of materials which does not show, and/or
which is lower than the sum of, the regular unit prices of the articles
comprising the schedule. Where an article consists of two or more
parts, which themselves are considered units by the Industry, the
unit price of the combination article shall not be less than the sum
of the unit prices of the articles which comprise it.
Sec. T. False Marking or Branding.- — The failure to plainly and
permanently brand or mark for identification with the name or
trade jnark of the manufacturer all products of the industries except
jDarts; and the failure to supply facsimiles of such brands or trade
marks by each manufacturer to the Code Authority. The false
marking or branding of any product of the industries which has the
tendency to mislead or deceive customers or prospective customers,
whether as to grade, quality, quantity, substance, character, nature,
origin, size, finish, preparation, or otherwise.
Sec. 8. Misrepresentation or False or Misleadiiig Advertising. — ■
The making or causing or knowinglj^ permitting to be made or
published any false, materially inaccurate, or deceptive statement by
way of advertisment or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish,
or preparation of any product of the industries or the credit terms,
values, policies, or services of any member of the industries or
otherwise, having the tendency or capacity to mislead or deceive
customers or prospective customers.
Sec. 9. Suhstitution. — The furnishing of articles more or less ex-
pensive, of better or inferior quality, or of larger or smaller size than
specified without making the proper adjustments in the quoted price
and clearly indicating the nature of the substitution.
Sec. 10. Defamation. — The defamation of competitors or members
of other branches of the plumbing industry by falsely imputing to
them dishonorable conduct, inability to perform contracts, question-
able credit standing, or by other false representations or by the false
disparagement of the grade or quality of their goods.
Sec. 11. Commercial Brihery. — To give, permit to be given, or di-
recth' offer to give, anything of value for the purpose of influencing
or rewarding the action of any employee, agent, or representative or
another in relation to the business of the emplo3'^er of such employee,
the principal of such agent or the represented party, without the
knowledge of such employer, principal, or party. Commercial brib-
ery provisions shall not be construed to prohibit free and general
128
distribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
above defined.
Sec. 12. Protection. — The sale or offering for sale of materials for
stock under any form of guarantee to a purchaser or prospective pur-
chaser against either advance or decline in the price of said product,
except as herein otherwise provided.
Sec. 13. Threats of Litigation. — The publishing or circulating of
threats of suits for infringement of patents or trade marks or of any
other legal proceedings not in good faith with the tendency or effect
of harassing competitors or intimidating their customers.
Sec. 14. Espionage of Competitors. — Securing confidential infor-
mation concerning the business of a competitor by a false or mislead-
ing statement or representation, by a false impersonation of one in
authority, by bribery, or by any other unfair method.
Sec. 15. Used Materials. — Inasmuch as the handling of both new
and second-hand building materials by the same merchant encour-
ages substitution and misrepresentation of products to the consumer,
to the detriment of both the consumer and the manufacturer, the sale
of the products of this industry by manufacturers to anyone who
buys for resale used or damaged building materials, plumbing prod-
ucts, heating products, and/or pipe fittings and valves.
Sec. 16. Other Unfair Practices. — Nothing in this Code shall limit
the effect of any adjudication by the Courts, or holding by the Fed-
eral Trade Commission on complaint, finding, and order, that any
practice or method is unfair, providing that such adjudication or
holding is not inconsistent with any provision of the Act or of this
Code.
Article VIII — Marketing Policies
The following practices shall be followed by all members of the
industry or industries in the marketing of their products and devia-
tion from such practices and rules shall constitute unfair compe-
tition and is prohibited.
Section 1. Or^ders. — All orders over $100.00 shall be signed and
cover specified articles to be delivered on or before a definite date.
They shall be either accepted or rejected by the manufacturer when
received. Only orders for stock tor shipment within thirty days
of date of receipt of order, and orders for specific jobs, will be
accepted at the prices in effect at date of receipt of order. All
other orders shall be subject to the prices in effect at date of ship-
ment. The minimum size and maximum delivery time for specific
job orders shall be prescribed from time to time, and exceptions to
this rule allowed by the Code Authority.
Sec. 2. Invoices. — All sales shall be invoiced at the time of ship-
ment and such invoices together with credit memoranda and all
other documents relating to the sale, shall clearly and accurately
state all of the essential elements of the sale, including types and
sizes of products, quantities, prices, credit terms, discounts, allow-
ances, date of order, date of acceptance, date of shipment, and other
pertinent information. Copies of invoices, together with credit
memoranda and all other sales documents, shall be filed with the
129
Code Authority as and when directed by the Code Authority, and
in the event of a complaint, sworn copies of invoices, credit memo-
randa, and all other sales documents shall be sent immediately to
the Code Authority upon its request.
Sec. 3. Standardization of Products. — After uniform sizes, drill-
ings, grading rules, and minimum specifications shall have been
established by the industry subject to review by the Administrator,
proper charge shall be made for deviation therefrom.
Sec. 4. Grading. — No manufacturer shall sell in the United States
other than first-grade products guaranteed against manufacturing
defects. Such guarantee shall be uniform among all manufacturers,
as specified by the Code Authority, and shall provide for furnish-
ing new products of the same type and size to replace those which
have proved defective on the same basis as the original purchase,
but it shall not cover charges for labor or consequential damages,
provided, however, that in exceptional cases, a manufacturer may
make additional allowances because of defective materials upon
filing a complete report thereof with the Code Authority.
Sec. 5. Field tnsjjectioyi. — No manufacturer shall allow credit
for a defective article until the fact of such defect shall have been
established by an authorized representative of the manufacturer and
the article shall have been destroyed or returned to the manufacturer,
except as iw^y be otherwise required by law, or a court of competent
jurisdiction. Deviation from this rule as to each industry may be
permitted b}' a majority vote of the members thereof.
Sec. G. Co7isigned Stocks. — No manufacturer shall consign stocks
of tlie products of these industries to distributors, contractors, manu-
facturers' agents, and/or others. All consigned stocks in existence
on the effective date shall be entirely liquidated by the consigning
manufacturer as soon as practicable and within a period of not to
exceed 90 days therefrom or at the expiration of contracts existing
on that date which b}- their terms cannot be terminated within 90
days, copies of such contracts to be filed with the Code Authority.
Sec. 7. Distribution. — The functions of manufacturing, whole-
saling, and retailing the products of these industries each constitute
a separate business.
^n recognition of the fact that the products of these industries
manufactured by the signatories of this Code could not be installed
in ultimate service without the assembling, warehousing, and bulk
selling of accessory and complementary products performed by
wholesalers in the plumbing industry, said wholesalers, in considera-
tion of such service and in consideration of purchasing in whole-
sale quantities, shall be entitled to and shall receive a discount from
published prices greater than the discount a( corded to any person,
firm, or corporation, that does not perform the assembling, ware-
housing, and bulk selling functions hereinbefore described. The
difference between the discount allowed to wholesalers and the dis-
count accorded to other purchasers is to be determined by each
individual manufacturer; but in no case is it to be less than a per-
centage determined by the Code Authority, with the approval of the
Administrator, and modifications made from time to time, based on
a study of the value to the consumer of the distributing, assembling,
and warehousing functions. Such study shall be made by an im-
130
partial fact-finding agency under the direction of the Code
Authority.
No manufacturer may sell on the wholesaler purchase price level
except to an individual, firm, corporation, or other person who buys
and assembles at wholesale and sells plumbing supplies to retailers
or to the retail division of his own business; has a proper invest-
ment in his business; maintain an adequate showroom, a warehouse,
and sufficiently complete stock of such commodities to meet the nor-
mal plumbing supply requirements of his trade in his territory and
maintains an adequate bookkeeping system, sales office, and delivery
/service.
Manufacturers' sales to all others who purchase the products of
these Industries for resale shall be on the retailer purchase price
level, and no manufacturer shall sell the products of these Industries
to any one other than for resale, except to employees for their own
use.
No manufacturer shall sell the products of these Industries to
anyone except to manufacturers subject to this Code at better than
his wholesaler purchase price level. Customers who qualify for such
level may be further classified by each manufacturer on the basis of
volume of purchases or on any other basis as specified in his pub-
lished prices and other conditions of sale which he has filed with the
Code Authority in accordance with Section 10 of this Article, but in
no event shall the special discount exceed five (5%) percent beyond
the net price for the wholesaler level.
Each manufacturer shall file with the Code Authority, when re-
quired by it, but in confidence, the names of customers sold by him
on each price level, his schedule of special discounts, and such other
information as the Code Authority may require. If the Code Au-
thority, after investigation, finds that any manufacturer has clas-
sified a customer contrary to the provisions of this Section, it shall
60 notify the manufacturer and require him thereafter to sell such
customer on the proper level.
Any manufacturer engaged in more than one level of the Plumb-
ing Industry (manufacturing-wholesaling-retailing) shall conduct
each business separately and with an individual system of accounting
for each in accordance with the respective codes for the various
levels of the Industry,
In order that the consumer may be informed of the fair prices of
products of the Industries, each manufacturer shall publish and
distribute a suggested fair price for sales to the consumer of each of
his products, except parts and specialties.*
Sec. 8. Cost Protection. — The Code Authority shall promptly
cause to be developed and submitted to the Administrator a uniform
system of cost accounting designed to make possible the accurate
determination by each member of the Industries of his own indi-
vidual cost.
Upon approval by the Administrator of such system of cost ac-
couiitmg, necessary information concerning it shall be distributed
by the Code Authority to all members of the Industries.
Thereafter, no manufacturer shall sell or exchange his products
in the United States (except on close-outs) at a price or upon such
terms and conditions as will result in the customer paying for such
• See paragraph 2 of order approving this Code.
131
goods less than the cost to the seller of producing and marketing
the same in this countiy as determined by the uniform cost account-
ing system; provided, however, that he may sell below his cost
when necessary to meet the price of any equivalent product of any
comi^etitor against whom he is bidding for any specihc job or order.
All such cases are to be reported immediately to the Code Authority.
When a manufacturer is engaged in more than one line of busi-
ness, each business shall be considered a separate unit for purposes
of ascertaining costs, and general expenses of all kinds shall be prop-
erly and fairly allocated to the several business units.
Sec. 9. Uniform Tenns of Sale. — No manufacturer shall sell his
products on any basis more favorable to the purchaser than the
credit terms, cash discounts for early payments aiul showroom dis-
counts, established from time to time by the Code Authority in
cooperation with the respective associations.
Sec. 10. Published lists. — "Within ten (10) days after the effec-
tive date of this Code, each manufacturer shall publish and dis-
tribute among each class of purchaser whom he sells, his price lists
applicable to that class for various types and sizes of products,
including in such lists or in supplementary v\ritings, copies of
which must be filed v^'ith the Code Authority, all of his conditions
of sale, including trade discounts, for such class of customers. All
changes in such price lists, discounts, and conditions of sale shall
be filed with the Code Authority inmiediately upon prblication
thereof. The Code Authority shall distribute such price information
except the special discounts provided in Section 7 of this Article
to all manufacturers of the respective Industry. No manufacturer
shall sell his products in the United States, except on close-outs,
to anj'one, except to employees for their own use for any purpose
whatsoever, at any prices or on any terms and conditions other
than those indicated in his published lists; provided, however, that
he may sell any of his products at the price of any equivalent prod-
uct of any competitor who is offering to sell below his own published
prices or terms. All such cases shall be reported promptly to tlie
Code Authority.
Sec. 11. Close-outs. — A manufacturer may sell, at less than his
])ub]ished prices, products acknowledged by the Code Authority to
be obsolete. Invoices for such sales shall be clearly marked " Special
Price on Account of Close-out."
Article IX — Modification
Section 1. Presidential Modification. — This Code and all the provi-
sions thereof are expressly made subject to the right of the President,
in accordance with the provisions of subsection (b) of Section 10 of
the National Industrial Recoverj'^ Act, from time to time to cancel
or modify any order, approval, license, rule, or regulation issued
under Title I of said Act and specifically, but without limitation, to
the right of the President to cancel or modify his approval of this
Code or any conditions imposed by him upon his approval thereof.
By presenting this Code, however, the members of these Industries
and others assenting hereto do not thereby consent to any modifica-
tion thereof, and they reserve the right to object individually or
jointly to any such modification.
132
Sec. 2. Amendment and Temrdnation. — Such of the provisions of
this Code as are not required to be included therein by the Act may
be modified, added to or eliminated, or this Code may be terminated
in its entirety at any time in the manner hereinafter provided, sub-
ject, however, to the provisions of Section 7 of Article VIII.
Proposals for modifying or eliminating provisions of this Code
or for adopting additions to or substitutions for the Code or for
terminating the Code in its entirety may be made in writing to the
Code Authority by any member of the Industries subject to this
Code. The Code Authority shall include such proposal in full in
the written notice of the next meeting of the Industries. The ques-
tion of the adoption of such proposal shall be voted upon at such
meeting, and, if a majority in plant capacity and number of the
members of the Industries present vote in favor of such proposal, the
Code Authority shall present such proposal to the N.R.A. for Presi-
dential approval when such approval is required. Such proposal
ehall provide for its effective date. The provisions of this paragraph
shall not constitute a limitation upon any right to propose modifica-
tions or amendments to this Code which may be granted or conferred
by the Act.
Article X — Monopolies, Etc.
No provisions of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XI — Subterfuge
No manufacturer shall use any subterfuge to frustrate the spirit
and intent of this Code.
Article XII — Effective Date
This Code shall become effective on the first or the sixteenth day
of the month, whichever shall first occur, after its approval by the
President.
Approved Code No. 204.
Registry No. 1129-03.
o
Approved Code No. 205
CODE OF FAIR COMPETITION
FOR THE
METAL WINDOW INDUSTRY
As Approved on January 13, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
METAL WINDOW INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Metal Window Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
QirGCtGQ to tllB X^rGSlclGIlt *
NOW, THEREFORE,' on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Pres-
ident, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code Complies in all respects with
the pertinent provisions and will promote the policy and purposes
of said Title of said Act; and do hereby order that said Code of Fair
Comj^etition be and it is hereby approved.
HUGH S. JOHNSON,
Adininistrator for IndustHaZ Recovery,
Approval recommended :
Malcolm Muir,
Division Acbniiiistrator.
Washixgton, D.C,
January 13^ 193 If..
80482° 313-10 34 (133)
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Metal Window Industry in the United States, as revised after the
hearing conducted in Washington on October 11, 1933, in accordance
with the jDrovisions of the National Industrial Recovery Act.
PROVISIONS OF THE CODE AS TO HOURS, WAGES, AND GENERAL, LABOR
PROVISIONS
This Code provides for a maximum work week of forty hours with
the following exceptions :
(a) Employees engaged as travelling salesmen or in a managerial
or executive capacity who earn not less than thirty-five dollars
($35.00) per week;
(b) Employees engaged in emergency maintenance or emergency
repair work and watchmen.
This Code establishes a minimum rate of pay for forty cents (40^)
per hour with the exception that clerical and office employees shall
be paid not less than at the rate of fifteen dollars ($15.00) per week
and, further, that superannuated employees may be paid less than
the minimum rate when employed on light work.
No person under sixteen years of age shall be employed in this
Industry. The Code provides that no employer shall reclassify
employees for the purpose of defeating the provisions of the Act,
and contains provisions for the posting of copies of the Code and
for the payment of all wages in regular pay periods.
ECONOMIC EFFECTS OF THE CODE
According to the statistical analysis of the Division of Research
and Planning, the total sales of the products of this Industry have
decreased from $33,440,000 in 1929 to $1,700,000 for the first six
months of 1933. The Industry is to a large extent controlled by the
activities of the construction industry.
The data furnished to the Division of Research and Planning
would indicate that reemployment should be effected on the continu-
ation of the present volume of business. Further reemployment will
be dependent on and in direct proportion to the trend of general con-
struction. The minimum wage rate established in this Code should
increase the wages of approximately thirty percent of the factory
employees in this Industry, and, further, equitable readjustment or
wages is provided for all employees receiving more than the
minimum wage rate.
(134)
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter ;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Kecovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant group is an
industrial group truly representative of the aforesaid Industry ; and
that said group imposes no inequitable restrictions on admission to
membership therein.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them,
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Washington, D.C,
January 13, 193^..
Hugh S. Johnson,
A dministrator.
(135)
CODE OF FAIR COMPETITION
FOR THE
METAL WINDOW INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Recovery Act,
this Code is submitted as a Code of Fair Competition for the Metal
Window Industry, and upon approval by the President, its provi-
sions shall be the standard of fair competition for such industry
and shall be binding upon every member thereof.
Article II — Definitions
Section 1. The term " Metal Window Industry " or the " In-
dustry", as used herein, is defined to mean the manufacturing
and the selling and installing (by the manufacturer) of industry
products.
Sec. 2. The term " industry products " as used herein is defined
to mean and include the following :
(A) Metal windows, except that the following are not included:
(1) Windows constructed of metal-covered woodwork, and
(2) Windows of which the frame and/or sash sections are con-
structed predominantly of cast metal or of structural iron or struc-
tural steel shapes, and
(3) Windows of which the frame and/or sash sections are con-
structed predominantly of nonferrous metal of specially designed
or dimensioned frame and/or sash sections for a specific project.
(B) Hot rolled or pressed steel subframes and pressed steel stools
(manufactured by members of this industry), which are an integral
part of the metal window.
(C) Mechanical operators for metal windows.
(D) Industrial Tj^pe Steel Doors. The term "industrial type
steel door " as used herein is defined to mean and include a door con-
structed with the stiles and rails of cold rolled, drawn, formed or
pressed steel, or built-up using hot rolled structural steel shapes, and
having a sash panel consisting of a metal window (as described in
Section 2 (a) of this Article) together with a steel frame for such
door constructed of cold rolled, formed, pressed steel, or built-up
using hot rolled structural steel shapes.
Sec. 3. The term " member of the industry " includes, but without
limitation, any individual, partnership, association, corporation, or
other form of enterprise engaged in the industry, either as an
employer or on his or its own behalf.
(136)
137
Sec. 4. The term " member of the Code " includes any member of
the industry who shall expressly signify assent to this Code by sign-
ing and delivering to the Code Authority a letter substantially in the
form as set forth in Attachment A attached hereto.
Sec. 0. The term " employee " as used herein includes any and all
persons engaged in the industry, however compensated, except a
member of the industry.
Sec. 6. The term " dealer " includes, but without limitation, any
individual, i^artnership, association, corporation, or other form of
enterprise engaged in the purchase of industry products for resale.
Sec. 7. The term " trade " as used herein means all channels of
distribution for the products of this industry.
Sec. 8. The term " Institute " as used herein is defined to mean
the " Metal Window Institute."
Sec. 9. The term " Commissioner " refers to the executive of the
Institute then in office who bears that title.
Sec. 10. The terms "Act " and "Administrator " as used herein
shall mean respectively Title I of the National Industrial Recovery
Act and the Administrator for Industrial Recovery.
Article III^ — Hours
maximum hours
Section 1. No emploj^ee, except as hereinafter provided in the
Article, shall be permitted to work in excess of forty (40) hours in
any week (seven (7) day period) or eight (8) hours in any day
(twenty-four (24) hour period) or six (6) days in any week (seven
(7) day period), except that a tolerance not to exceed two (2) hours
in any day (twenty-four (24) hour period) may be permitted in
cases of special emergency manufacturing operations for a -specific
project under a specific and binding contract, provided, however,
that the maximum number of hours worked in any one week (seven
(7) day period) shall not exceed forty (40) hours. In any such
special case all hours worked in excess of the normal, that is, eight
(8) hours in any day (twenty-four (24) hour period), shall be re-
ported to the Code Authority indicating the reason for and the num-
ber of employees engaged in such special emergency manufacturing
operations.
HOURS FOR clerical AND OFFICE EMPLOYEES
Sec. 2. No person employed in clerical or office work shall be per-
mitted to work in excess of forty (40) hours in any week (seven
(7) day period), or eight (8) hours in any day (twenty-four (24)
hour period), or more than twelve (12) days in any fourteen (14)
day period.
exceptions as to hours
Sec. 3. The provisions of this Article shall not apply to traveling
salesmen or to persons employed in a managerial or executive capac-
ity who earn not less than thirty-five dollars ($35.00) per week, or
138
to employees engaged in emergency maintenance or emergency
repair work.
Sec. 4. Employees engaged on installation work may be permitted
to work not in excess of forty (40) hours in any week (seven (7)
day period), nor eight (8) hours in any day (twenty-four (24) hour
period), nor more than five (5) days in any seven (7) day period.
Sec. 5. Employees engaged as watchmen at the establishment of
the manufacturer may be permitted to work not in excess of fifty-six
(66) hours in any week, nor in excess of six (6) days in any week
(seven (7) day period).
EMPLOYMENT BY SEVERAL EMPLOYERS
Sec. 6. No employer shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another employer or employers in this industry, exceeds the
maximum permitted herein.
Article IV — Wages
MINIMUM WAGES
Section 1. No employee shall be paid in any pay period less than
at the rate of forty cents (40^) per hour, except as hereinafter other-
wise provided.
MINIMUM WAGES FOR CLERICAL AND OFFICE EMPLOYEES
Sec. 2. No clerical or office employee shall be paid in any pay
period less than at the rate of fifteen dollars ($15.00) per week of
forty (40) hours, except that office boys and/or girls under eighteen
(18) years of age shall be paid not less than eighty percent (80%)
of the said rate. Such office boys and/or girls shall be limited in
any calendar month to one (1) for each twenty (20) office employees
employed by any one employer.
PIECEWORK COMPENSATION — MINIMUM WAGES
Sec. 3. This Article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time-rate, piecework, or other basis.
OVERTIME FOR EMERGENCY AVORK
Sec. 4. Employees engaged on emergency maintenance or emer-
gency repair work, shall be paid at least one and one half (11/2)
times the normal rate for hours worked in excess of the eight (8)
hours in any one day (twenty-four (24) hour period), or forty
(40) hours in any seven (7) day period, as provided in Article III.
Such overtime shall not exceed six (6) hours in any seven (7) day
period except in cases of emergency maintenance or emergency
repair work involving breakdown^ or protection of life or property,
provided that all such cases of emergency work shall be reported
to the Code Authority.
139
EVASION THROUGH REEMPLOYMENT
Sec. 5, No employee now employed at the rate in excess of the
minimum shall be discharged and re-employed at a lower rate for
the purpose of evading the provisions of this Code.
W'AGES ABOVE THE MINIMUM
Sec. 6. An equitable adjustment shall be made in the wage differ-
entials for all employees receiving more than the minimum wage
as provided in this Code unless such adjustment has already been
made, and in no case ghall the wage differentials be decreased. All
action taken under this section shall be reported to the Code
Authority.
FEMALE EMPLOYEES
Sec. 7. Female employees performing substantially the same work
as male employees shall receive the same rate of pay as male em-
ployee^:.
SUPERANNUATED EMPLOYEES
Sec. 8. A person whose earning capacity is limited because of
age or phj^sical or mental handicap may be employed on light work
at a wage below the minimum established by this Code if the em-
ployer obtains from the State Authority designated by the United
States Department of Labor a certificate authorizing his emplo}?^-
ment at such wages and for .such hours as shall be stated in the
certificate. Each employer shall file with the Code Authority a list
of all such persons employed by him.
Article V — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be
employed in the industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ous in nature or dangerous to health. The Code Authority shall
submit to the Administrator within 30 days after the effective date
of this Code a list of such operations or occupations. In any State
an employer shall be deemed to have complied with this provision
as to age if he shall have on file a certificate or permit dvdy issued
by the Authority in such State empowered to issue employment or
age certificates or permits showing that the emploj^ee is of the
required age.
provisions FROM THE ACT
Sec. 2. In compliance with Section 7 (a) of the Act it is provided:
(a) 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 nmtual aid or protection, and
30482° 313-10 34 2
140
(b) 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 organiza-
tion of his own choosing, and
(c) That employers shall comply with the maximum houre of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President,
RECLASSIFICATION OF EMPLOYEES
Sec. 3. No employer shall reclassify employees or duties of occu-
pations performed for the purpose of defeating the provisions of the
Act or of this Code, nor shall any employer engage in any other
subterfuge for this purpose.
STANDARDS FOR SAFETY AND HEALTH
Sec. 4. Every emploj^er shall make reasonable provisions for the
safety and health of his employees at the place and during the hours
of their employment. Standards for safety and health shall be
submitted by the Code Authority to the Administrator within sixty
(60) days after the effective date of this Code.
STATE LAWS
Sec. 5. No provisions in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments as to age of employees, vrages, hours of work, or as to safety,
health, sanitary or general working conditions or insurance, or fire
protection, than are imposed by this Code.
POSTING
Sec. G. On and after the effective date of this Code all employers
agree to post and keep posted in accessible places in their offices and
factories all provisions of this Code which affect hours of employ-
ment, rates of pay, and all other labor provisions.
payment of wages
Sec. 7. All employers shall make payment of all wages due in law-
ful currency or by negotiable check therefor, payable on demand.
Wages shall be paid at the end of each weekly period. These wages
shall be exempt from any payment for pensions, insurance, or such
benefits other than those voluntarily paid by employees. Employers
or their agents shall not accept, directly or indirectly, rebates on such
wages or give anything of value nor extend any favors to any person
for the purpose of influencing rates of wages or working conditions
of their employees.
The provisions of this section regarding payment of wages at the
end of each weekly period shall not apply to persons employed in a
managerial or executive caj^acity who earn not less than thirty-five
dollars ($35.00) per week, nor to persons employed in clerical or
141
office work. The wages for })crsons employed in clerical or office
work shall be paid at the end of pay periods not to exceed bi-monthly
periods.
Article YI — Okgakization, Powers, and Duties of the Code
Authority
organization and constitution
Section 1. A Code Authority is hereby constituted to cooperate
with the Administrator in the administration of this Code.
Sec. 2. The Code Authority shall consist of six (6) members of the
industry, to be elected as follows :
^Members of the industry shall elect the industry members of the
Code Authority by a majority vote of the members of the industry,
provided, however, that five (5) of such members of the Code Au-
thority shall be directors, officers, or executives of members of the
Institute, and one (1) such member of the Code Authority shall be
elected from the directors, officers, or executives of a nonmember of
the Institute, if any, except that in the event not less than eighty
percent (80%) of the members of the industry are also members of
the Institute, then all the members of the Code Authority may be
elected from the members of the Institute, and provided, further, that
not more than one (1) such Institute industry member of the Code
Authority shall be elected from the same member of the industry.
Sec. 3. The Institute is hereby designated as the agency to con-
duct an election of the members of the Code Authority within ten
(10) days after the eifective date of this Code, and any other elections
of members of the Code Authority which may thereafter be held.
Members of the Code Authority shall be elected to serve for a term
of one (1) year or until their successors are elected at the next annual
meeting of the members of the industry.
In the event of any vacancy in the membership of the Code Au-
thority, a special meeting of the members of the industry for an
election to fill the incomplete terms of such members shall be called.
Notice of the time and place of each election shall be sent by regis-
tered mail to all members of the industry at least ten (10) days in
advance of such election, and voting at such election may be by
person, by proxy, or by letter ballot. Not more than one (1) repre-
sentative of each member of the industry shall vote at anv election.
Each member of the industry shall be entitled to one vote for each
one hundred thousand dollars ($100,000) of net sales of industry
products in the previous calendar year, provided that no such mem-
ber shall have more than three (3) votes, and provided further, that
each member shall have at least one vote, irrespective of the amount
of net sales reported.
Sec. 4. In addition to membership as above provided, there may
be three (3) members, without vote, to be appointed by the Admin-
istrator to serve for terms of from six (6) months to one (1) year
so arranged that the terms do not expire at the same time. Such
representatives, together with the Administrator, shall be given
notice of, and may sit at, all meetings of the Code Authority,
142
Sec. 5. The Institute shall (1) impose no inequitable restrictions
on membership, and (2) submit to the Administrator true copies of
its articles of association, bylaws, regulations, and any amendments
when made thereto, together with such other information as to mem-
bership, organization, and activities as the Administrator may deem
necessary to effectuate the purposes of the Act.
Sec. 6. In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and, thereafter if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
Sec. 7. Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authorit3^ subject to review by the Administrator,
on the basis of volume of business and/or such other factors as may
be deemed equitable.
Sec. 8. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer, agent, or employee of
the Code Autliority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own willful misfeasance or nonfeasance.
TOWERS AND DUTIES
Sec. 9. The Code Authority shall have the following further
powers and duties, the exercise of which shall be subject to the right
of the Administrator, on review, to disapprove.
(a) To execute the provisions of this Code and provide for (he
compliance of the industry with the provisions of the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the Code. No in-
dividual reports shall be disclosed to any other member of the in-
dustry or any other party except to such governmental agencies as ,
may be directed by the Administrator. ■
(d) To use the Metal Window Institute and/or such other agency"
as it deems proper for the carrying out of any of its activities pro-
vided for herein, provided that nothing herein shall relieve the Code
Authority of its duties or responsibilities under this Code and that
such trade association and/or agency shall at all times be subject to
and comply with the provisions hereof.
143
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(f ) To secure from members of the industry an equitable and pro-
portionate payment of the reasonable expenses of maintaining the
Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the industry who
have assented to, and are complying with, this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment, provided that no member of the industry shall
have the power to investigate directly the manufacturing procedure
of any other member of the industry without the consent of such
member.
Article VII — Trade-Practice Eules
GENERAL DEFINITION
For all purposes of the Code the acts described in this Article
shall constitute unfair practices. Any member of the industr}^ who
shall, directly or indirectly, through any officer, employee, agent,
or representative, knowingly use, employ, or permit to be employed,
any of such unfair practices shall be guilty of a violation of the Code.
liule 1. Selling below cost. — No member of the industry shall sell
any industry product at a price below his own individual cost. How-
ever, any member may meet the price competition of anj^one whose
costs under the Code are lower.
Pursuant to the provisions of Article VI. the Code Authority
shall formulate or cause to be formulated standard methods or sys-
tems of cost accounting for use in this industry, which methods or
systems shall be adaptable to the cost accounting procedure of and
to the business of this industry. Such methods or systems shall
specify the factors that shall determine the cost for each member of
the industry pursuant to the provisions of this section. Upon ap-
l^roval of such methods or S3^stems by the Administrator, the Code
Authority shall furnish to each member of the industry complete
details of such methods or systems. Thereafter, in determining costs,
each member of the industry shall use a cost-accounting system
which shall conform to and be at least as complete and detailed as
the cost-accounting method or system recommended by the Code
Authority and api>roved by the Administrator.
Rule 2. Price Discrimination. — An}' discrimination in price for
industry products between purchasers of the same grade, qualit}^, or
quantity of products sold, after making due allowance for cost of
fabrication, selling, servicing, and transportation is an unfair method
of competition.
Rule 3. Secret Rebates. — The secret payment or allowance of
rebates, refunds, commissions, or unearned discounts, whether in
the form of money or otherwise, or secretly extending to certain pur-
chasers special services, credit allowances, or other privileges, with
144
the intent and/or effect, directly or indirectly, of selling industry
products at terms more favorable to the buyer than the discount
schedules and/or terms and conditions of sale filed with the Code
Authority is an unfair method of competition.
Rule 4. Commercial Bribery. — No member of the industry shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or re\Yarding the action of any
employee, agent, or representative of another in relation to the
business of the employer of such employee, the principal of such
agent or the represented party, without the knowledge of such
employer, principal, or party. Commercial bribery provisions shall
not be construed to prohibit free and general distribution of articles
commonly used for advertising, except so far as such articles are
actually used for commercial bribery, as hereinabove described.
Rule 5. Contingent Quotations. — Making the acceptance of any
separately priced nonindustry material in a quotation for industry
products or the making of another quotation for a nonindustry
material contingent upon the acceptance of a quotation for industry
products, where the purpose or the effect thereof is to secure to a
buyor a special price, is an unfair method of competition.
Rule 6. Comhined Quotations. — No member of the industry .shall
combine the requirements for the products of this industry for two
or more distinct and separate projects in one quotation to the same
purchaser for the purpose and with the intent of concealing the
true selling price for the products of each or all of such projects.
Under this section a project shall be considered distinct and separate
from another project unless constructed on the same site and the
awarding authority, including the owner, and his agents (including
the architect and the engineer) are the same entities.
Rule 7. /Substitution of Materials. — Deliberate departure from
plans and specifications when quoting on contract requirements if
made for the purpose or with the effect of misleading the buyer
as to the grade, quality, or quantity of products offered or sold,
or the quotation of any substitute material without clearly identify-
ing the nature of such substitute material, Ls an unfair method of
competition.
Rule 8. Illusory Contracts. — The postdating or predating of a
quotation, contract, whether written or verbal, invoice or receipt, the
withholding from or inserting in a contract or invoice facts which
make it a false record, wholly or in part, of the transaction repre-
sented on the face thereof, and/or entering into a contract for indus-
try products for the purpose of avoiding one's obligations under
Article VIII is an unfair trade practice.
Rule 9. Combination Sales of Industry and. Non-Industry Prod-
ucts.— No member of the industry shall combine quotations for any
product of this industry with any quotation for any other material,
labor, or service, for the purpose and with the intent of concealing
the true selling price of the product of this industry.
Rule 10. Inducing Breach of Contracts. — No member of the in-
dustry shall induce or attempt to induce the breach of existing con-
tracts between members of the industry and their customers, or
interfere with or obstruct the performance of any such contractual
145
duties or services with the purpose or effect of hampering, injuring,
or embarrassing competitors in their business.
Rule 11. Defamation of Competitors. — No member of the industry
shall defame or disparage competing members of the industry by
false]}' imputing to them dishonorable conduct, inability to perform
contracts or to make deliveries, questionable credit standing, or by
other false reports having the tendency to mislead or deceiA^e cus-
tomers or prospective customers.
Rule 12. Enticement of Employees. — No member of the industry
shall maliciously entice an employee or representative of a competi-
tor from his employment for the purpose or effect of injuring or
embarrassing such a competitor in his business. Nothing herein
shall prevent an emploj^ee or representative from offering his serv-
ices to a competitor nor prevent any member from employing an
employee of another member where the initiative for such change of
employment comes from the emploj^ee or representative.
Rule 13. Black! isting. — No member of the industry shall join or
participate with other members of the industry who with such
member constitute a substantial number of members of the industry
or who together control a substantial percent of the business in any
specific product or products of the industry, in any transaction
known in law as a blacklist, including any practice or device (such
as a white list), which accomplishes the purpose of a blacklist.
Rule 14. Inaccurate Advertising. — No member of the industry
shall publish advertising (whether printed, radio, display, or any
other nature) which is misleading or inaccurate in any material
particular, nor shall any member in any way misrepresent any
goods (including, but without limitations, 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.
Rule 15. Inaccurate References to Competitors.^ etc. — No member
of the industry shall publish advertising Avhich refers inaccurately
in any material particular to any competitors or their goods, prices,
values, credit terms, policies, or services.
Rule IG. Other Unfair Trade Practices. — Nothing in this code
shall limit the effect of an}' adjudication by the Courts or holding by
the Federal Trade Commission on complaint, finding, and order
that any practice or method is unfair, providing that such adjudi-
cation or holding is not inconsistent with any provision of the Act
or of this Code.
Article VIII — Publicity of Prices, Terms, and Conditioxs of
Sale
Section 1. Within fifteen (15) days after the effective date of
this Code each member of the industry shall file and shall maintain
on file Avith the Code Authority, or with such agency as the Code
Authority may designate, a full and complete schedule of its dis-
counts f.o.b. shipping point and terms and conditions of sale and
installation to its trade for:
(a) Industry products uianufactured of steel, and
146
(b) Window screens (steel, aluminum, or bronze) which are
an integral part of a metal window and sold and/or installed
as a part of an industr}'' product,
and which are generalized on pages 100-106 inch, of Section I " Gen-
eral Information **, dated May 1, 1932, and which discounts, terms,
and conditions of sale are applicable to the Gross List Prices
scheduled under :
INDUSTRY PRODUCTS
(a) Section IV. ''Sub-frames", pages 401-403 inch, dated
Aug. 1, 1933; and
(b) Section V. "Various and Special", pages 501, 551-554
inch, dated Aug. 1, 1933 ; and
(c) Section VI. ''Pivoted AVindows ", pages 600-607 inch,
dated May 1, 1932, pages 651-652, dated Aug. 1, 1933, pages
653-654, dated May 1, 1932, pages 655-658, dated Aug. 1, 1933;
and
(d) Section VII. " Conmiercial Projected ", pages 700-703
inch, pages 751-752, dated Mav 1, 1932, and page 753, dated
Auff. 1, 1933; and
(e) Section VIII. "Architectural Projected", pages 800-801.
851-852^ dated May 1, 1932; and
(f) Section IX. "Continuous Windows", page 900, dated
May 1, 1932; and
(g) Section X. "Mechanical Operators", pages 1000-1003
inch, dated May 1, 1932, pages 1005-1006, dated Aug. 1, 1933;
and
(h) Section XI. "Doors", page 1100, dated May 1, 1932,
pages 1101-llOi inch, pages 1110-1112 inch, pages 1120-1122
incL, pages 1131. 1132, 1141, 1142, 1151, 1152, 1161, 1162, 1171,
1172, 1173, dated Aug. 1, 1933; and
(i) Section XII. "Detention Windows", pases 1201, 1225-
1229, inch, 1251-1254 inch, 1275-1278 inch, dated Aug. 1, 1933;
and
(j) Section XIII, "Spring-balance Windows", pages 1301-
1304, inch. 1351-1354, inch, dated Aug. 1, 1933; and
(k) Section XIV, "Double-hung Windows", pages 1401-
1406. inch, dated Aug. 1, 1933; and
(1) Section XV. "Basement Windows", page 1501, dated
Aug. 1, 1933; and
(m) Section XVI, "Light Casements", pages 1601-1603,
inch, 1605, 1651, 1652, dated Aug. 1, 1933; and
(n) Section XVII, "Intermediate Casements", pages 1701-
1704, inch, 1751-1758, inch, dated Aug. 1, 1933; and
(o) Section XVIII, " Casement Projected ", pages 1801-1804,
inch, and 1851, dated Aug. 1, 1933; and
(p) Section XIX, "Casement Combination", pages 1901-
1906, inch, dated Aug. 1, 1933; and
(q) Section XX, " Heavy Casements ", pages 2001-2011, inch,
dated Aug. 1, 1933; and
(r) Section XXI, " Inswing Casement Combination ", pages
2101-2104, inch, 2151, 2152, dated Aug. 1, 1933; and
147
NONINDUSTRY PRODUCTS
, (s) Section III, " Screens ", pages 301-319, inch, and pages
351 and 352, dated Aug. 1, 1933,
which sections are part of a Schedule of Gross List Prices issued by
the Metal Window Institute, a copy of which has been filed with
the Administrator, and is incorporated in this Code by reference.
Sec. 2. Copies of all such schedules of discounts, terms, and condi-
tions of sale shall be immediately distributed by the Code Authority
to all members of the industr}^ and such schedules of discounts, terms,
and conditions of sale, and the " Gross List Prices " as heretofore
mentioned shall be open to inspection at all reasonable times by any
interested party.
Sec. 3. Each member of the industry may file with the Code Au-
thority a revised schedule of discounts, terms, and conditions of
sale from time to time thereafter, provided, however, that sucH
revisions shall be filed on the tenth (10th) day in advance of the
effective date of any such revision.
Sec. 4. Copies of all such revised discounts, terms, and conditions
of sale shall be immediately distributed by the Code Authority to
each member of the industry, who may thereupon file a revision
of its schedule of discounts, terms, and conditions of sale on file,
and applicable to the industry products involved, and such revisions
shall become effective upon the date when the first such revised
schedule shall go into effect.
Sec. 5. All such schedules shall include all discounts, terms, and
conditions of sale to each of the member's class of trade, provided
however, that no schedule shall provide for prices less than the mem-
ber's individual cost as determined by Rule 1 of Article VII, unless
such schedule is filed to meet the lower cost of a competitor, pur-
suant to the provisions of Rule 1 of Article VII hereof.
Sec. 6. All discount schedules so filed shall follow the uniform
outline for publishing discounts as may hereafter be adopted by
the Code Authority as most appropriate for use in the marketing of
the industry products included in the Gross Price Lists.
Sec 7. Members of the industry shall file and maintain on file
list prices, together with all discounts, terms, and conditions of sale
applicable thereto, in the same manner as described in the foregoing
sections of this Article, for all industry products not now included
in the " Gross List Prices " covered by Section 1 of this Article and
specifically including industry products which may subsequently be
manufactured by members of this industry and included under
Section 2 of Article II.
Sec. 8. No member of the industry shall sell or offer for sale any
industry product to which such discounts apply at such prices or
on such terms and conditions of sale as will result in the purchaser
obtaining such product at less than the prices determined by the
discounts previously filed by such member, or on more favorable
terms and conditions than the terms and conditions of sale previously
filed by such member, in accordance with the provisions of this
Article and in effect at the time of such sale.
Sec. 9. No member of the industry shall render any service, other
than advice or consultation, to any purchaser of any industry prod-
148
uct, in connection with the sale or installation of any such product,
unless a schedule of such services shall have been previously filed
with the Code Authority, pursuant to the provisions of this Article,
and unless fair compensation for such services shall be paid by the
purchaser.
Article IX — Installation (Field Erection)
Section 1. The industry submits that one of the serious abuses
affecting it in the past has been the faulty installation of industry
products by nonmembers of the industry, for which members of this
industry have been called upon to bear responsibility. To remedy
this abuse it is provided that members of the industry shall include
the installation (field erection) of the products of this industry, in
all quotations and/or contracts for the sale of such products in excess
of $3,000.00 for Light Casements, $2,000.00 for Double Hung Win-
dows, and $1,000.00 for all other products (all based on the net
f .o.b. selling price to the trade quoted as provided herein by Article
VIII), except that the installation (field erection) of the following
classes of industry products is not required to be included in any
quotation or contract involving such products, regardless of the
amount of such quotation or contract:
(a) Pressed Steel Subframes, Section IV,
(b) " Commodity Stock " and " Commodity Standard " prod-
ucts when sold to dealers, and /
(c) Industry products manufactured and introduced by a
member of the industry under an exclusive patent, or controlled
and manufactured by a member of the industry under a license
by a patentee,
which classification of products are identified by the schedule of
" Gross Price List " mentioned herein in Article VIII.
Sec. 2. It shall be one of the duties of the Code Authority to.
study conditions in the industry with respect to the problem of the
proper installation (field erection) of industry products and to sub-
mit to the Administrator within ninety (90) days after the effective
date of the Code, its recommendations concerning such problem and
the operation of the provisions of Section 1 of this Article. The
Administrator may, thereupon, if he deems it necessary, provide a
hearing to further determine whether the provisions of Section 1
are effectuating the policies of the Act and, thereafter, if he finds
that such provisions, either in whole or in part, are not effectuating
the policies of the Act, may require an appropriate modification, or
the elimination thereof.
Article X — Labor Provisions For Installation (Field Erection)
Members of the Industry engaged in installation (field erection)
of the products or commodities of this Industry, shall be governed
by the hours, wages, and other labor provisions of such approved
code or codes for the construction industry as may be applicable
thereto, to be determined, in cases of doubt, by the Administrator
after such notice and hearing as he may prescribe.
149
Article XI — Penalties and Liquidated Damages
Section 1. Any violation of any provision of this Code by any
member of the industry shall constitute a violation of the Code by
such member.
Sec. 2. Reco^izing that the violation by any member of the Code
of any of the rules oi fair competition expressed in Rules 1, 2, 3,
4, 6, 6, 7, 8, 9, and 10 of Article VII, in Sections 8 and 9 of Article
VIII, and in Section 1 of Article IX of the Code will disrupt the
normal course of fair competition in the industry and undermine
the fair wages and reasonable working hours herein undertaken,
besides inflicting serious damages on other members, and that it
will be impossible fairly to assess the amount of such damage to
any individual member of the Code, it is hereby agreed by and
among all members of the Code that each member of the Code who
shall violate any of the above enumerated rules of fair competition
shall pay to the Commissioner, in trust, as and for liquidated dam-
ages, a sum equal to not more than twenty percent (20%) of the
gross amount of any contract or order for industry products taken
in violation of any such rule or rules. Such funds shall be applied
to the administration of the Code. The Code Authority, by the
affirmative vote of two thirds, may waive any liability for such
liquidation damages as may be imposed by or pursuant to this pro-
vision of the Code, if, in its discretion, it so decides that such viola-
tion was innocently made and that the collection of such damage
is not necessary in order to effectuate the policy of Title I of the
National Industrial Recovery Act.
Sec. 3. Every member of the Code shall sign and transmit to the
Code Authority a letter in the form set forth in Attachment A
appended hereto.
Sec. 4. The penalty for violation of provisions of the Code by a
member of the Code other than those above enumerated shall be as
provided in the National Industrial Recovery Act.
Article XII — JNIodification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of the
said Act and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any
conditions imposed by him upon his approval thereof.
Sec. 2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Administrator
and such notice and hearing as he shall specify, and to become
effective on approval of the President. Any sucJh application may
be made by the Code Authority.
150
Article XIII — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XIV — Reports
In addition to information required to be submitted to the Code
Authority, all or any of the persons subject to this Code shall furnish
such statistical information as the Administrator may deem neces-
sary for the purposes recited in section 3 (a) of the Act to such
Federal and State Agencies as the Administrator may designate;
and nothing in this Code shall relieve any person of any existing
obligation to furnish reports to government agencies.
Article XV — Subsidiary Companies
Corporations or firms shall be considered to be affiliated to any
member of the industry (called " the parent corporation ") when
the latter, either directly, or through any intermediate agency, owns
a majority of the outstanding voting capital stock of the affiliate.
Any such parent corporation shall be responsible for the observance
by any affiliated corporation of all appropriate provisions of this
Code.
Article XVI — Registration of Members of the Industry
Each member of the industry shall within thirty (30) days of
the effective date of this Code register with the Code Authority.
All members of the industry who may engage in the industry there-
after shall likewise register with the Code Authority. Registration
of a member of the industry shall include the full name and mailing
address of the member. The time limit for the registration by any
member of the industry may be extended whenever, in the opinion
of the Administrator, the time as provided herein might cause an
injustice to any member of the industry.
Article XVII — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 205.
Registry No. 1122-1 01.
ATTACHMENT "A"
FoEM OF Letter of Assent to the Code
To The Code Authority, Metal Window Indusiry, Washington, D.G.
Genti^men : The undersigned, desiring to become a member of the Code of
Ftiir Competition of the Metal Window Industry, a copy of which is annexed
hereto, hereby assents to and agrees to be bound by all the provisions of said
code, and effective ten days after the approval of the Code by the President
as therein provided, by the signing and delivery of this letter becomes a member
and, effective as aforesaid, hereby agrees with every person, firm, association,
and corporation who shall then be or thereafter become a member of the
Code, that the Code shall constitute a valid and binding contract between the
undersigned and all such other members, and that for all purposes of the Code
the address of the undersigned until it shall file with the Commissioner written
notice of a change of such address, shall be as set forth at the foot of this
letter.
Yours very truly,
By
(Official title)
Address
(151)
o
Approved Code No. 206
CODE OF FAIR COMPETITION
FOR THE
FELDSPAR INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
FELDSPAR INDUSTRY
An application ha\nng been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Feldspar Industry, and hearings having
been duly held thereon and the annexed report on said Code, con-
taining findings with respect thereto, having been made and directed
to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Order No. 6543-A,
dated December 30, 1933, and otherwise; do hereby incorporate by
reference said annexed report and do find that said Code complies
in all respects with the pertinent provisions and will promote the
policy and purposes of said Title of said Act; and do hereby order
that said Code of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Malcolm Muir,
Division Administrator.
Washington, D.C,
January 16^ 193 Jf..
30480° 313-8 34 (153)
The President,
The' White House.
Sir: This is a report on the Code of Fair Competition for the
Feldspar Industry, a hearing on which was conducted in Washington
on the fourth of November 1933 in accordance with the provisions
of the National Industrial Recovery Act.
Hours
The Code provides that no employee engaged in milling or grinding
operations shall be permitted to work in excess of 40 hours in any
one week or 8 hours in any one day or 6 days in any 7-day period ;
that no employee engaged in mining operations shall be permitted to
work in excess of 40 hours per week, averaged over a 3-month period,
or in excess of 48 hours in any one week; and that no clerical or
office employee shall be permitted to work in excess of 40 hours in any
one week or 10 hours in any one day. The following are excepted :
(a) Employees in executive, administrative, or supervisory ca-
pacities, who receive $35 or more per week;
(b) Employees on emergency maintenance or emergency repair
work, who, however, shall be paid at least one and one third times
the normal rate for time worked in excess of 8 hours in any one day.
Wages
The Code provides for minimum rates of pay of 25 cents per hour
in the South and 30 cents per hour in the North for employees en-
gaged in mining operations; for minimum rates of pay of 30 cents
per hour in the South and 35 cents per hour in the North for em-
ployees engaged in milling and grinding operations; and for a
minimum rate of pay of $13.50 for clerical and office employees.
Aged or physically handicapped persons may be employed at such
wages and for such hours as shall be stated in a certificate issued by
a State Authority designated by the United States Department of
Labor.
Child Labor
The employment of persons under 16 years of age and, in occu-
pations hazardous in nature or dangerous to health, of persons under
18 years of age is prohibited.
Economic Effects of the Code
The miners and the grinders of feldspar have joined together for
the purpose of presenting this Code. It is thought that the opera-
tion of these two groups under one Code will help to solve some of
the most difficult problems of the industry.
(154)
155
From the year 1929 to the year 1932, the volume of sales of crude
feldspar declined about 47% and the value of sales about 58%.
Present grinding operations are at the rate of approximately 13%
of capacity, and in 1929 were at the rate of only 28% of capacity.
The minimum wages prescribed in the Code are more than 100%
higher than the lowest wages now being paid in some sections.
Maximum weekly working hours are being reduced by approximately
25%. It is believed that the Code will increase employment in this
industry about 25% and that it will increase wages at least 30%.
Findings
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter ;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive j^ractices, by promoting the fullest possible
utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of Said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to aj)proval of said
Code.
For these reasons, therefore,! have approved this Code.
Respectfully,
Hugh S. Johnson,
A dministraior,
Jantjaey 16, 1934,
CODE OF FAIR COMPETITION
FOR THE
FELDSPAR INDUSTRY
Article I — Purfosh
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Feldspar Industry, and shall be binding
upon every member thereof.
Article II— Defi>: itions
(a) The term "Feldspar Industry", as used herein, includes the
mining, grinding, and sale by the miner or grinder of feldspar
products and such related branches and/or subdivisions of this in-
dustry as may from time to time be included under the provisions
of this Code by the President after such due notice and hearing as
he may prescribe.
(b) The term '' member of the industry " includes, but without
limitation, any business entity engaged in the Feldspar Industry
either as an employer or on his or its own belialf.
(c) The term " employer ", as used herein, includes any individual
or enterprise by whom any employee is compensated or employed.
(d) The term "employee", as used herein, includes any and all
persons in the industry, except a member of the industry, however
compensated.
(e) The term "grinder" as used herein includes any member of
the industry engaged in the grinding of mined feldspar.
(f ) The term " miner " as used herein includes any member of the
industry engaged in the mining of crude feldspar.
(g) The term " South " as used herein includes the States of Vir-
ginia, Tennessee, North Carolina, South Carolina, Florida, Georgia,
Alabama, Mississippi, and Louisiana.
(h) The term "North" as used herein includes those States not
included within the foregoing definition of the South.
(i) The terms " President ", "Act", and "Administrator " as used
herein mean respectively the President of the United States, Title
I of the National Industrial Recovery Act, and the Administrator
for Industrial Recovery.
(156)
157
Article III — Labor
A. Hours of Work — 1. (a) Mining Opei^ations. — Subject to the
exceptions hereinafter provided no employee shall be permitted to
work in excess of forty (40) hours per week averaged over a three
(3) months' period nor in excess of forty-eight (48) hours in any
one week. The Code Authority shall specify the dates on which
the three (3) month periods used for averaging hours shall begin
and end. In order to permit the proper arrangement of these dates,
the first period used for averaging may, if so specified by the Code
Authority', be shorter than three (3) months.
(b) Milling or Grinding Ope7'ations. — Subject to the exceptions
hereinafter provided no employee shall be permitted to work in
excess of forty (40) hours in any one (1) week, or eight (8) hours
in any one (1) day or six (6) days in any seven (7) day period.
2. No office or clerical employees shall be permitted to work in
excess of forty (40) hours in any one (1) week or in excess of ten
(10) hours in any twenty-four (24) hour period.
3. The maximum hours established herein shall not apply to em-
ployees engaged in executive, administrative, or supervisory work,
who receive thirty-five dollars ($35.00) or more per week.
4. The maximum hours established herein shall not apply to
employees on emergency maintenance or emergency repair work,
involving breakdowns or protection of life or property, but in any
such special case at least one and one third (IVs) times the normal
rate shall be paid for hours worked in excess of eight (8) hours
in any one (1) twenty-four (24) hour period.
5. No employer shall engage any employee for any time which,
when totaled with that already performed for another employer
or employers, exceeds the maximum permitted herein.
6. Employers who personally perform manual work or are en-
gaged in mechanical operations shall, to the extent permitted by
the Act, be subject to the maximum hours prescribed in this Article.
7. An employer shall so administer work in his charge as to
provide a maximum practicable continuity of emploj^ment for his
personnel.
B. Wages — 1. (a) Mining Operations. — No employee shall be paid
at less than the rate of twenty-five cents (250) per hour in the South
and thirty cents (30^) per hour in the North.
(b) Milling or Grinding Operations. — No employee shall be paid
at less than the rate of thirty cents (300) per hour in the South and
thirty-five cents (350) per hour in the North.
2. No employee engaged in clerical or office work shall be paid at
less than the rate of thirteen dollars and fifty cents ($13.50) per
week of forty (40) hours.
3. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time rate, tonnage rate,
or other basis.
4. An equitable adjustment shall be made in the wages of all em-
ployees now receiving more than the minimum wage as provided in
this Code. Within thirty (30) days after the effective date each
employer shall report to the Administrator through the Code
Authority, all such readjustments made by him since June 16, 1933.
158
5. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
6. An employer shall make payment of all wages due in lawful
currency or by negotiable check therefor, payable on demand. Wages
shall be paid at regular periods. These wages shall be exempt from
any payments for pensions, insurance, or sick benefits other than
those voluntarily paid by the wage earners.
7. No employer or his agent shall accept any rebate directly or
indirectly on such wages or give anything of value or extend favors
to any person for the purpose of influencing rates of wages or the
working conditions of his employees.
8. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a.
wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
Article IV — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the industry, nor anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimental to
health. The Code Authority shall submit to the Administrator
within thirty (30) days after the effective date of this Code, a list
of such occupations. In any State an employer shall be deemed to
have complied with this provision if he shall have on file a certifi-
cate or permit duly issued by the authority in such State empowered
to issue employment or age certificates or permits, showing that
the employee is of the required age.
2. Employees shall have the right to organize and bargain collec-
tively 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.
3. No employee and no one seeking employment shall be required
as a condition of emplo5aiient to join any company union or to
refrain from joining, organizing, or assisting a labor organization
of his own choosing, and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
5. No provision of this Code shall supersede any state or federal
laws imposing more stringent requirements on employers regulating
the age of employees, wages, hours of work, or health, fire, or
general conditions than are imposed under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees or engage in any subterfuge so as to
defeat the purposes of the Act.
159
7. Each employer shall post in conspicuous places full copies of
this Code.
8. Every employer shall provide for the health and safety of his
workmen.
Article V — Administration
1. To effectuate the policies of the National Industrial Recovery
Act and to provide for the administration of the Code, a Code
Authority composed of six (6) members, three (3) of whom shall
represent members of the industry engaged in grinding operations
and three (3) of whom shall represent members of the industry
engaged in mining operations solely, and independent of jTrindirio;
interests, shall be elected by members of the industry, by such fair
methods of election as the Administrator may approve. In addi-
tion, the Administrator, if he so elects, may appoint not more than
three (3) nonvoting members of the Code Authority to serve, with-
out expense to the Industry, for such terms as he may specify, as
his representatives or as representatives of such interested grouns
as he may designate. Subject to the provisions of subsection (d) of
section 5 of this Article all members of the industry enoagecl in
mining operations shall be entitled to participate in the selection of
such members of the Code Authority as represent the mining o])era-
tions of the industry and all members of the industry engaged in
grinding operations shall be entitled to participate in the selection
of such members of the Code Authority as represent the grinding
operations of the industry.
2. The Feldspar Association is hereby designated as the agency
to conduct an election of members of the Code Authority within
fifteen (15) days after the effective date of this Code and any other
elections of members of the Code Authority which may thereafter
be held. Members of the Code Authority shall be elected to serve
for a term of one (1) year or until their successors are elected at
the next annual meeting of the industry. In the event of any
vacancy in the membership of the Code Authority, a special meeting
of the members of the industry for an election to fill the incomplete
term of such members shall be called. Notice of each eleftion shall
be sent to all members of the industry at least ten (10) days in
advance of any such election, and voting at such election may be
by person, by proxy, or by letter ballot.
3. In order that the Code Authority shall at all times be tri'Jy ren-
resentative of the industry and in other respects comply with the pro-
visions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that tue
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
4. Each trade or industrial association participating in the selec-
tion or activities of the Code Authority shall: (1) impose no in-
equitable restrictions on membership; and (2) submit to the Ad-
ministrator true copies of its articles of association, by-laws, regu-
lations and any such other information as to activities as the Admin-
istrator may deem necessary to effectuate the purposes of the Act.
160
5. In addition to the powers and duties herein specifically con-
ferred upon the Code Authority it shall have the following powers
and duties, subject to the right of the Administrator on review to
disapprove any action by the Code Authority pursuant to this Code :
(a) The Code Authority shall be charged with the supervision
and administration of this Code, and shall have the right to estab-
lish its own rules for the conduct of its business.
(b) In order that the President may be informed of the extent
of the observance of the provisions of this Code and of the extent to
Avhich the declared policy of the National Industrial Recovery Act
is being effectuated in the industry as herein defined, the Code
Authority shall make such reports as the Administrator may re-
quire, periodically, or as often as he may direct. Each employer
shall make such sworn or unsworn reports to the Code Authority as
to wages, hours of labor, number of employees, quantity and value
of production, shipments, stocks on hand, sales prices and other
matters as the Code Authority may require for the administration of
this Code. In addition to the information required to be submitted
to the Code Authority, there shall be furnished to government
agencies such statistical information as the Administrator may deem
necei^sary for the purposes recited in Section (3) (a) of the Act.
Any and all information furnished to the Code Authority shall be
furnished to such agency, not a member of the industry, as may be
designated by the Code Authority. Such information shall be
deemed confidential and shall not be divulged to any employer
except in summary, but shall be available to the Administrator
upon request.
(c) The Code Authority shall receive, and if it shall approve shall
present for the approval of the President, any proposals for supple-
mentary provisions or amendments to this Code, or any part hereof,
with respect to wages, hours, trade practices, and related matters or
conditions in the industry.
(d) Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and by paying
their reasonable pro rata share of the expense of the maintenance oi
the said Code Authority and its activities, either b}^ becoming a mem-
ber of the Feldspar Association or by paying to the Code Authority
or to such agency as it may designate such pro rata share. Such
shares shall be determined by the Code Authority, subject to review
by the Administrator, on the basis of volume of business and/or
such other factors as may be deemed equitable.
(e) The Code Authority may designate the Feldspar Association,
or any other proper agency, to assist it in maintaining its accounts
and in procuring the collection of the cost of administration due
from members of the industry. The Code Authority may from
time to time appoint such subcommittees or designate such agencies
and may delegate to any of them such of its powers and its duties
as it shall deem necessary and proper, in order to effectuate the pro-
visions and purposes of this Code, provided, however, that the Code
Authority shall not be relieved of final responsibility with respect
to any such delegated powers or duties.
161
Article VI — Cost Accoixti^g and pRrcF.s
A. The Code Authority shall formulate and recommend for the
approval of the Administrator for use in the industry a uniform and
adequate cost-accounting system, which shall be adaptable to the
industry. Such system shall s])ecify the I'actors which shall be
included in determininof the o})eratino; costs of employers. After
approval of such cost-accountino; system by the Administrator each
member of the industry shall use a cost-accounting system which is
at least as detailed and complete as the system so approved.
B. Xo member of the industry engaged in grinding operations
shall sell any product at such prices or on such terms and conditions
of sale as will result in a purchaser's paying therefor less than such
member's individual costs as determined in accordance with the prin-
ciples of the costing system provided for in Section A of this Article,
except to meet the competition of another member of the industry.
C. No member of the industry shall purchase crude feldspar from
a member of the industry engaged in mining operations, and no mem-
ber of the industry engaged in mining operations shall sell such
crude feldspar to a member of the industry engaged in grinding
operations at less than the lowest cost of a representative producer
of crude feldspar. A representative producer of crude feldspar shall
be a member of the industry regularly engaged in the mining of
felds])ar and maintaining a permanent organization for conducting
these operations. Such costs shall be determined from time to time
by the Code Authority on the basis of adequate cost data submitted
by such representative producers and shall be subject to review and
modification by the xVdministrator.
D. Members of the industry engaged in both mining and grinding
operations as herein defined shall, for the purpose of determining
their costs pursuant to the provisions of Section B of this Article,
use as that element of cost described as cost of materials not less than
the minimum prices established in accordance with Section C by the
Code Authority for all products of members of the industry engaged
in mining operations.
E. The Code Authority shall formulate and submit for the ap-
proval of the Administrator a classification of the grades of feld-
spar in accordance with the uses thereof. After the approval thereof
by the Administrator no member of the industry shall sell feldspar
except in accordance with such classification.
F. Within ten (10) days after the effective date of this Code, each
member of the Industry shall file Avith the Code Authority a sched-
ule individually prepared by him, showing his current prices, dis-
counts, and all terms and conditions of sale, and thereafter shall
maintain on file with the Code Authority at all times a schedule
showing such current prices, discounts, and terms and conditions of
sale, and an}^ deviation therefrom in connection with any sale of his
products shall constitute a violation of this Code.
Any member of the Industry may, from time to time, file a re-
vised schedule with the Code Authority, such revision to become
effective on date specified therein, provided, however, that such re-
vision shall be filed with the Code Authority at least ten (10) days
in advance of the effective date thereof. Copies of such revisions
162
with notice of the effective date specified, shall be immediately sent
by the Code Authority to all other members of the Industry, who
thereupon may file, if they so desire, revisions of their schedules to
meet the revisions first filed, such revisions to become effective upon
the date when the revised price list first filed shall become effective.
All schedules so filed with the Code Authority shall be open to in-
spection at all reasonable times by any interested party.
G. No member of the industry shall permit his agent to sell ground
feldspar products at other than the prices, terms, and conditions,
filed by such member of the industry with the Code Authority in
accordance with Section F.
H. No member of the Industry shall make or permit to be made
any secret payment or allowance of rebates, refunds, commissions,
credits, or unearned discounts, whether in the form of money or
otherwise, or any secret extension to certain purchasers, of special
services or privileges not extended to all purchasers, on like terms
and conditions.
I. All quotations and contracts for the sale of any product of the
industry by a member of the industry shall be in writing and shall
contain a definite statement of price, tonnage, grade, terms of pay-
ment, time and place of delivery, and all other items necessary to
form a complete understanding. No contracts with individual con-
sumers or jobbers shall be made for a period in excess of thirty (30)
days or in excess of such longer periods as the Code Authority may
from time to time approve.
J. No member of the Industry shall sell any products of the
Industry on consignment, except under circumstances and conditions
approved by the Code Authority.
K. The present capacity of the Industry is far in excess of the
present or prospective needs. Therefore each member of the Indus-
try shall register with the association the grinding capacity of its
present grinding equipment. Prior to the installation of any new
grinding equipment by persons engaged or engaging in the Feldspar
Industry, except for the replacement of similar worn-out or obsolete
grinding equipment, such persons shall report to the Code Authority.
The Code Authority shall make such recommendations to the Ad-
ministrator as may seem necessary to effectuate the policy of the
National Industrial Recovery Act.
Article VII — Modification
A. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Recovery Act.
from time to time to cancel or modify any order, approval, license,
rule, or regulation issued under Title I of said Act, and specifically,
but without limitation, to the right of the President to cancel or mod-
ify his approval of any provision of this Code or any conditions
imposed by him upon his approval thereof.
B. This Code may be amended upon the recommendation of the
Code Authority or of any interested party or group, and any modi-
fication so recommended or initiated shall be effective upon the
approval thereof by the President after such notice and hearing as
he may prescribe.
163
Article VIII
No provision of this Code shall be so construed or applied as to
permit or promote monopolies or monopolistic practices or to elimi-
nate, oppress, or discriminate against small enterprises.
Article IX
Whereas the policy of the National Industrial Recovery Act to
increase real purchasing power will be made impossible of consum-
mation if prices of goods and services increase as rapidly as wages, it
is recognized and understood that price increases will, so far as
reasonably possible, be limited to actual increases in the seller's
costs.
Article X
This Code shall become effective on the second Monday after
approval thereof by the President.
Approved Code No. 206.
Registry No. 1012/1/02.
o
Approved Code No. 207
CODE OF FAIR COMPETITION
FOR THE
BALL CLAY PRODUCTION INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
BALL CLAY PRODUCTION INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Ball Clay Production Industry, and hear-
ings having been duly held thereon and the annexed report on said
Code, containing findings with respect thereto, having been made and
directed to the President '.
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. C543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator far Industrial Recovery.
Approval Recommended :
Malcxdlm Mum,
Division Admin istrator.
Washington, D.C,
Januamj 16^ 1034.
32301° 313-53 34 (165)
The President,
The White Home.
Sir : This is a report on the Code of Fair Competition for the Ball
Clay Production Industry, a hearing on which was conducted in
Washington on the twelfth of December 1933, in accordance with the
provisions of the National Industrial Recovery Act,
LABOR PROVISIONS OF CODE
The Code provides for a maximum work day of 10 hours and a
maximum work week of 40 hours, averaged over a six-months period,
provided that no employee be permitted to work more than 48 hours
in any one week. The following are excepted :
(a) Employees in supervisory, outside sales or clerical capacities
receiving $35.00 per week or more;
(b) Emi3loyees engaged on emergency maintenance or emergency
repair work and a limited number of employees (not exceeding 10%
of the total number of employees in each plant) engaged in several
special operations, all of whom shall be paid at least one and one-
half times the normal rate of pay for time worked in excess of the
maximum hours above specified.
The Code provides for minimum rates of pay of $15.00 per week
for office employees and of 371/2 cents per hour in the North and 30
cents per hour in the South for other employees. To the extent
practicable, wages above the minimum are to be equitably read-
justed and in no case decreased.
The employment of persons under 16 years of age and, in occupa-
tions hazardous in nature or dangerous to health, of persons under
18 years of age is prohibited.
ECONOMIC EFFECTS OF THE CODE
This is a very small industry, but one which is distinct and well
organized. Employment in the industry has decreased from about
400 workers in 1929 to about 260 at the present time. During the
same period, volume of sales has decreased more than 70% and valud
of sales more than 75%.
The minimum wages provided for in the Code are more than
100% higher than the minimum wages paid in August of this year,
and are higher than those paid in the year 1929. It is believed that
the Code will increase the total amount paid to labor by this industry
at least 38%.
The normal work week in this industry has been 60 hours and the
restrictions on hours contained in the Code will undoubtedly increase
employment. According to estimates by the industrv, the increase
will be about 25%.
(166)
167
FINDINGS
Tlie Assistant Deputy Administrator in his final report to mo
on said Code having found as herein set forth and on the basis of all
the proceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agri-
cultural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects w^ith the perti-
nent provisions of said Title of said Act, including without limita--
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and'
Subsection (b) of Section 10 thereof ; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
A dminis trot or,
January 1G, 1934.
CODE OF FAIR COMPETITION
FOR THE
BALL CLAY PRODUCTION INDUSTRY
Article I — Purposes
To effectuate tlie policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Ball Clay Production Industry, and
shall be binding upon every member thereof.
Article II — Definitions
The term " Industr}' " as used herein includes the aggregate of
those operations of each producer necessary for the production and
sale of clay by such producer where the essential recoverable prod-
uct thereof is Ball Clay.
The term '' Employee " as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his serv-
ices, irrespective of the nature or method of payment of such com-
pensation, except a member of the Industry.
The term *" Employer " as used herein includes anyone by whom
such employee is compensated or employed.
The term " Member of the Industry " includes any one engaged
in the industry as above defined, either as an employer or on his
own behalf, except that it shall not include contractors as herein
defined.
The term "Association " as used herein shall mean the United
States Ball Clay Producers' Association.
The term " Contractor " as used herein includes all those strip-
ping or producing ball clay under contract for a member of the
industry, either from mines owned by the contractor, or from mines
owned b}- the member of the industry for whom such stripping or
producing is done.
The term " Southern Area " as used herein includes Virginia,
Kentuckv. and all states south thereof and east of the Mississippi
River and also tliat portion of the State of Missouri south of the
37th parallel and east of the 91st meridian.
The term " Northern Area " as used herein includes all the United
States on the North American Continent except that part included
in the Southern Area.
The terms '' President ", "Act ", and "Administrator " as used
herein shall mean respectively the President of the United States,
the National Industrial Recoveiy Act, and the Administrator of
Title I of said Act.
(168)
169
Article III — ISIaximiim Hours
Section 1. Except as provided in Sections 2 and 3 of this Article,
no empkn^ee shall be permitted to work in excess of forty (40) hours
per week avera<2;ed over a semiannual period either from January 1
to June 30, or from July 1 to December 31, and the maximum hours
of work for any employee during any one week shall not exceed
forty-eight (48) ; no employee shall be permitted to work in excess
of ten (10) hours in any twenty-four (24) hour period.
Sec. 2. These limitations as to hours of labor shall not apply to
persons employed in supervisory, outside sales, or clerical capacities
receiving a fixed salar}^ at the rate of thirty-five ($35.00) dollars
per week or more.
Sec. 3. The maxinuun hours established in Section 1 of this Article
shall not appl}- to any employee on emergency maintenance or emer-
gency repair work involving breakdowns or protection of life or
property ; nor shall they apply to a limited number of emploA^ees
(not exceeding 10% of the total number of employees in each plant)
engaged in the operating, maintenance, or firing of power shovels,
and cranes, engaged in car loading and engaged in operations which
must be performed before and after the regular working hours ; but
in any such special cases, at least one and one-half times the normal
rate of pay shall be paid for time worked in excess of the maximum
hours herein established.
Sec. 4. No employer shall knowingly engage any employee for any
time Avhich, when totaled with that alread}- performed with another
employer, or employers, exceeds the maxinmm hours permitted
herein.
Sec. 5. Anj^ employer wdio does the work of an employee shall be
subject to the provisions of this Code as to hours of labor.
Sec. 6. All wages shall be paid at least twice per month and all
salaries at least once a montli, in lawful currency or negotiable
check; these wages shall be exempt from any payments for pensions,
insurance, or sick benefits other than those voluntarily paid by the
wage earners or required by law.
Article IV — Minimum W.ac.es
Section 1. No employee in the Northern Area shall be paid at
less than the rate of thirty-seven and one half (37%) cents per hour.
Sec. 2. No employee in the Southern Area shall be paid at less
tlian the rate of tliirty (30) cents per hour.
Sec. 3. This Article establishes a mininmm rate of pay which
shall apply irrespective of whether an employee is actually com-
pensated on a time-rate, piecework, or other basis.
Sec. 4. The wage differentials for those employees receiving
wages above the minimum shall, to the extent practicable, be
equitably readjusted, and in no case shall they be decreased. No
unfair advantage shall be taken of any employee in making this
Code effective.
Sec. 5. No office or clerical employee shall be paid less than fifteen
($15.00) dollars per week.
170
Article V — General Laeor Pr.ovisioxs
Section 1. No person under sixteen (16) years of age shall be
emploj^ed in the industry. No person under eighteen (18) years
of age shall be employed in the industry at operations or occupa-
tions which are hazardous in nature or dangerous to health. The
Code Authority shall submit to the Administrator within one
month after the effective date of this Code a list of such operations
or occupations, if there be any such. In any State an employer shall
be deemed to have complied with this provision as to age if he shall
have on file a certificate or permit duly issued by the Authority
in such State empowered to issue employment or age certificates or
permits showing that the employee is of the required age.
Sec. 2. (a) Employees shall have the right to organize and bar-
gain 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 rep-
resentatives, or in self-organization, or in other concerted activities
for the purpose of collective bargaining or other mutual aid or
protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by tlie President.
Sec. 3. No employer shall reclassify employees or duties of occu-
patious performed or engage in any other subterfuge for the purpose
of defeating the provisions of the Act or of this Code.
Sec. 4. No member of the industry shall use a contractor for strip-
ping or for the production of clay unless the contractor complies
with all the labor provisions of this Code in regard to employees
used in the production of such clay, and in such stripping opera-
tions. For all other purposes of this Code, the employees of such
contractors, used in the stripping or in the production of such clay,
shall be treated and considered as employees of the member of the
industry taking the clay produced by such contractor or for whom
such strij)ping is done.
Sec. 5. No provisions in this Code shall supersede any law within
any State which imposes more stringent requirements on employers
as to age of employees, wages, hours of work, or as to safety, health,
or sanitary conditions, or insurance, or fire protection, or general
working conditions, than are imposed by this Code.
Sec. 6. All employers shall post complete copies of this Code in
conspicuous places accessible to employees.
Article VI — Organization, Powers, and Duties of the Code
Authority
Section 1. To further effectuate the policies of the Act, the Board
of Directors of the Association is hereby constituted the Code
Authority.
171
Sec. 2. The Code Authority shall consist of the same number of
members as the Board of Directors of the Association (which shall
be six (6) in number on the effective date of this Code), or such
other number as may be approved from time to time by the Adminis-
trator, to be selected as hereinafter ))rovided. The Administrator,
in his discretion, may appoint not more than three (3) additional
members without vote, to represent the Administrator, or such <2:roups
or interests as may be agreed u]K)n, without expense to tlie industry.
Sec. 3. Each member of the industry becominjLj a member of the
Association, shall be entitled to elect one director of that Associa-
tion, and that member shall ipso facto become a member of the Code
Authority.
Sec. 4. All those engaged in the industry may become members
under and participate in the achuinistration of this Code by becom-
ing members of the Association. Said Association shall (1) impose
no inequitable restrictions on membership, and (2) submit to the
Administrator true copies of its articles of association, bylaws, regu-
lations, and any amendments when made thereto, together with such
other information as to membership, organization, and activities as
the Administrator may deem necessary to effectuate the purposes of
the Act.
Sec. 5. In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper: and thereafter if he shall find that the Code
Authority is not truly i-epresentative or does not in other respects
comply with the provisions of the Act, may i-equire an appropriate
modification in the method of selection of the Code Authority, or
any sub-Code Authority.
Sec. 6. The Secretary and the Treasurer, respectively, of the
Association shall act as such officers of the Code Authority.
Sec. 7. The expenses of administering the Code shall be borne by
the members of the Association. In addition to the dues collected
by the xA^ssociation as such, the Code Authorit}^ may from time to
time make such assessments on account of such exj^enses against the
members of the Association as it shall deem proper, and such assess-
ments, subject to review and modification of the Administrator, shall
be equally divided between and be borne by the members of the As-
sociation, and shall be payable as the Code Authority may specifJ^
Failure of any member of the Association to paj^ the amount of any
assessment against such member for a period of thirty (30) days
after the date on which it became payable shall constitute a violation
<^'f the Code.
3ec. 8. The Code Authority shall have the following powers and
duties to the extent permitted by the Act, subject to the right of the
Administrator, on review, to disapprove or modify any action taken
by the Code Authority :
(a) From time to time, to appoint and remove, and to fix the com-
pensation of all such other officers, agents, employees, accountants,
attorneys, and experts as the Code Authority shall deem necessary
for the purpose of administering the Code;
(b) To receive complaints of violations of this Code, make in-
vestigations thereof, provide hearings thereon and adjust such com-
172
plaints and bring to the attention of the Administrator for prosecu-
tion, recommendations, and other action relative to unadjusted
violations ;
(c) To coordinate the administration of this Code with such other
Codes, if any, as may be related to the industry, and to delegate to
any other administrative authority, with the approval of the Admin-
istrator, such powers as will promote joint and harmonious action
upon matters of common interest ;
(d) To initiate, consider, and make recommendations for the modi-
fication or amendment of this Code;
(e) To obtain from members of the industry such reports and
such other information as may be necessary or convenient for the
use of the Code Authority and the Administrator in the administra-
tion and enforcement of the Code and to give assistance to members
of the industry in improving methods, or in prescribing, Avith the
approval of the Administrator, a uniform system of accounting and
reporting. In addition to the information otherwise provided for
in this Code to be submitted to the Code Authority, there shall be
furnished to Government agencies such statistical information as the
Administrator may deem necessary for the purposes recited in Sec-
tion 3 (a) of the National Industrial Recovery Act; provided that
nothing in this Code shall relieve any member of the Industry of any
existing obligations to furnish reports to any Government agency.
Sec. 9. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose ; nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority; nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties as such
member, be liable to anyone for any action or omission to act, except
for his own nonfeasance of malfeasance.
Article VII — Trade Practices
Section 1. Nothing in this Code shall limit the effect of any adju-
dication by the courts or holding by the Federal Trade Commission,
on complaint, finding, and order, that any practices or methods are
unfair, provided that such adjudication or holding is not inconsistent
with any provision of the Act or of this Code.
Sec. 2. In the event any specific trade practice rules hereafter be-
come necessary they may, upon recommendation to and approval
thereof by the Administrator, be made a part of tliis Code in the
manner hereinafter provided for amendments to this Code.
Sec. 3. A violation by any member of the industry of any provi-
sion of this Article or the engaging in any practice hereafter de-
clared by the Code Authority, with the approval of the President, to
be an unfair trade practice, shall be a violation of this Code.
Article VIII — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the National Industrial
173
Recover}' Act, from time to time to cancel ov modify any order, ap-
proval, license, rule, or re<>ulation issued under Title I of said Act
and specifically .but without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions im-
posed by him upon his approval thereof.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified or amended on the basis of experience or changes
in circumstances, such modification or amendment to be based upon
application to the Administrator and such notice and hearing as he
shall s])ecify. and to become effective on ai)proval of the President.
Article IX — Monopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X — Prick Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases except such as may be required to meet individual cost should
be delayed. But when made such increases should, so far as possible,
be limited to actual additional increases in the seller's costs.
Article XI — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Apprtivea Code Xo. 207,
Registry No. 10i:',-04.
o
Approved Code No. 208
CODE OF FAIR COMPETITION
FOR THE
PICTURE MOULDING AND PICTURE FRAME
INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
PICTURE MOULDING AND PICTURE FRAME
INDUSTRY
An application having been duly made pursuant to and in fuU
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Picture Moulding and Picture Frame In-
dustry, and hearings having been duly held thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to autliority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Adviinistrator for Industrial Recovery,
Approval recommended :
Malcolm Muhj,
Division Administrator.
"Washington, D.C,
January 16, 193 J^.
30481° 313-9 34 (175)
The President,
The White House.
Sik: This is a report on the Code of Fair Competition for the
Picture Moulding and Picture Frame Industry in the United States,
as revised after a hearing conducted in Washington on November 24,
1933, in accordance with the provisions of the National Industrial
Recovery Act.
PROVISIONS FOR HOURS AND WAGES
The maximum hours of labor provided in this Code are 40 hours
per week with the following exceptions : Executive and Supervisors
receiving $35 or more per week do not have any limitation of hours.
Watchmen are not permitted to work more than 56 hours, nor more
than 6 days, in any one week. Cleaners, mechanics, engineers, fire-
men, outside crews and outside delivery men, not to exceed ten per-
cent of the employees of any one plant, are allowed a tolerance of 8
hours per week and are to be compensated at one and one third their
normal rate of pay for hours worked in excess of 40 hours in any
week. Emergency repair and maintenance work is unrestricted but
also shall be compensated at one and one third the normal rate of
pay for hours worked in excess of 40 hours in any one week or in
excess of 8 hours in any one day. As the industry is largely a manu-
facture-on-order industry, an 8-hour tolerance per week is allowed on
hours, providing the weekly average in each 4-week period does not
exceed 40 hours. Hours in addition to the 40-hour average (but not
exceeding 48 hours in any one week) are allowed during the peak
season, if employees are compensated at the rate of one and one third
times their normal rate of such additional hours worked. Office and
clerical employees are not permitted to work more than 40 hours per
week averaged over any 4- week period nor in excess of 48 hours in
any one week.
The minimum wage rate provided for employees is 321/^ cents per
hour in the North and 10 percent less in the South. Learners, not
to exceed 5 percent of the employees of any plant and for a period of
one month, and messengers and office girls between 16 and 18 years
of age, also not to exceed 5 percent of the employees, may be com-
pensated at 80 percent of the minimum wage provided. Female
workers shall receive the same rate of pay as male workers for sub-
stantially the same work. Handicapped persons may be employed at
suitable work upon certification of the State Authority designated by
the United States Department of Labor. One year from the effective
date of this Code the minimum wage is to be increased to 37i/2 cents
per hour unless ad^qua^e reasons for not doing so are presented to
the Administration at a public hearing requested by the Code
Authority for this purpose.
(176)
177
CHILD LABOR
The minimum age limit is IG years, except in hazardous positions
where the minimum age limit shall be 18 years.
ECONOMIC EFFECT OF THE CODE
From the data available, the representative of the Planning and
Research Division has estimated maximum hour provisions of this
Code would increase employment in this industry approximately
25 percent over that of June 1933; and that the wage provisions
though comparatively low are a substantial increase over those prior
to the President's Reemployment Agreement. An increase in the
minimum wage from 32^/^ cents per hour to 37^ cents per hour
is provided after this Code has been in effect one year, in the belief
that the industry will then be better able to provide this more
adequate wage for its employees.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
plo3''ees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Industry ;
and that said group imposes no inequitable restrictions on admission
to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
178
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, this Code has been approved.
Respectfully,
Hugh S. Johnson,
Achninistrator.
Washington, D.C,
January 16, 193^.
CODE OF FAIR COMPETITION
FOR THE
PICTURE MOULDING AND PICTURE FRAME INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Recov-
ery Act this Code is submitted as a Code of Fair Competition for the
Picture Moulding and Picture Frame Industry, and upon approval
by the President its provisions shall be the standards of fair compe-
tition for such industry and shall be binding upon every member
thereof.
Article II — Definitions
Section 1. Picture Moulding and Picture Frame Industnj. — The
Picture Moulding and Picture Frame Industry, hereinafter termed
" the industry ", means the manufacture and/or sale by the manu-
facturers of picture-frame mouldings, including plain, ornamented,
embossed, carved, or composition, whitened, veneer covered, metal,
finished and unfinished, and all picture frames, including mirror
frames, photo frames, painting frames, advertising frames, metal
frames, picture placques, leather and leatherette frames, both empty
and fitted and irrespective of the materials used in the production
thereof, and wooden trays and art novelties made in picture-frame
factories of similar materials and by similar processes to those used
in the manufacture of picture frames ; but excluding custom picture-
framing from finished mouldings made to order for specific pictures
delivered by retail customers for framing to the picture and frame
departments of stores operating under the Code of Fair Competition
for the Retail "Trade."
Sec. 2. Division. — The term " Division " of the industry as used
herein shall mean the several branches of the industry which have
been or may hereafter be established by the Code Authority. The
divisions immediately hereby established are as follows:
1. Raw Moulding.
2. Finished Moulding.
3. Empty Picture Frame.
4. Fitted Picture Frame.
5. Metal Moulding and Metal Frame.
Sec. 3. Divisional Agency. — The term " Divisional Agency " shall
mean the executive agency of any Division of the industry selected
by members of the Division by methods of selection prescribed by
the Code Authorit}'.
(179)
180
Sec. 4. Members of the Industin/. — The term " Member of the In-
dustry " inchides, but without limitation, any individual or enter-
prise enpjaged in the industry, either as an employer or on his or
its own behalf.
Sec. 5. Member of Division. — The term " Member of the Division "
shall mean any member of the industry as classified in any division
of the industry now or hereafter estalDlished.
Sec. 6. Employee. — The term " Employee " as used herein includes
any and all persons engaged in the industry, except a " member of
the industry ", however compensated.
Sec. 7. Act and Adiriinistrator. — The terms "Act " and "Admin-
istrator " as used herein shall mean, respectively, Title I of the Na-
tional Industrial Recovery Act, and the Administrator of said Act.
Sec. 8. Pojmlation. — Population for the purposes of this Code
shall be determined by reference to the latest Federal Census.
Sec. 9, Association. — The term " Association " as used herein
means The Picture Moulding and Frame Manufacturers Association,
Incorporated, under the laws of the State of Illinois, not for profit.
Article III — Hours
Section 1. Maximum Hours. — No employee shall be permitted to
work in excess of forty (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period, except as hereinafter
otherwise provided.
EXCEPTIONS
Sec. 2. Executive^ Super visory .^ or Administrative Employees. —
The maximum hours prescribed in Section 1 of this Article shall not
apply to executive, supervisory, or administrative emploj'^ees receiv-
ing thirty-five (35) dollars or more in any one week, nor to outside
salesmen, provided, however, that the -exemption contained in this
section shall not apply to foremen engaged in machine operations.
Sec. 3. W atchmen. — The maximum hours prescribed in Section
1 of this Article shall not apply to watchmen, provided, however,
that watchmen shall not be permitted to work in excess of fifty-six
(56) hours in any one week nor more than six (6) days in any one
week.
Sec. 4. Outside Deliverymen., Firemen^ Mechanics., Engineers.,
Cleaners., and Outside Crews. — The maximum hours prescribed in
Section 1 of this Article shall not apply to outside deliverymen, fire-
men, mechanics, engineers, cleaners, and outside crews, provided,
however, that the total number of such employees engaged by any
member of the industry shall not exceed ten percent of the total
number of employees engaged by such member of the industry at
any one time, and provided, further, that such employees shall be
paid not less than one and one third times their normal rate of pay
for all hours worked in excess of forty (40) hours in any one week,
nor shall such employees be permitted to work more than forty-
eight (48) hours in any one week.
Sec. 5. Emergencies. — The maximum hours prescribed in Section 1
of this Article shall not apply to emergency maintenance or emer-
gency repair work, provided, however, that any employees engaged
181
in any such emergency maintenance or emergency repair work, shall
bo paid at not less than one and one third times their normal rate of
pay for all hours worked in excess of forty (40) hours in any one
week, or in excess of eight (8) hours in any one day.
Sec. 6. Peak Seasons. — The maximum hours prescribed in Section
1 of this Article shall not apply in case of seasonal or peak opera-
tions, provided, however, that no employee engaged in such opera-
tions shall be permitted to work in excess of forty-eight (48) hours
in any one week or in excess of forty (40) hours per week averaged
over a four (4) consecutive week period except as hereinafter pro-
vided. Employees may be permitted to work in excess of the forty
(40) hour average over a four (4) week period (but not in excess
of forty-eight (48) hours in any one week) provided that employees
shall be paid at least one and one third times their normal wage rate
for all hours worked in any one week in excess of the forty (40)
hour average period provided herein or for hours worked in excess
of eight (8) in any one day.
Sec. 7. Office Employees. — Clerical and office employees other than
administrative, su])ervisory, or executive employees exempted pur-
suant to the provisions of Section 2 of this Article, shall not be
permitted to Avork in excess of forty (40) hours per week averaged
over any four (4) consecutive weeks nor in excess of forty-eight (48)
hours in any one week.
Sec. 8. Dual Employment. — No employer shall knowingly engage
any employee for any time which, when totaled witli that already
performed with another employer or employers in this industry,
exceeds the maximum hours prescribed in this Article.
Sec. 9. One Oicner in Partnership Exempted. — Where a member
of this industry is a partnership, association, or trust, which con-
sists of more than one person, not more than one individual of such
partnership, association, or trust shall vrork as an operator in ex-
cess of the maximum hours of labor as hereinbefore provided.
Akticle IV — Wages
Section 1. Minimum Wages. — No employee shall be paid in any
pay period less than at the rate of thirty-two and one half (3214)
cents per hour, except as herein otherwise provided.
Sec. 2. Increase of Minimum Wage after One Year. — One year
from the effective date of this Code the minimum wage hereunder
shall be increased to thirty-seven and one half (37l^) cents, subject
however, to the right of the Code Authority at its election and prior
to said date of effective increased minimum wage to request a hear-
ing before the Administrator to show cause why said increase or any
part thereof should not become effective.
Sec. 3. Wage Differential in South. — The minimum wage in the
States of South Carolina, Georgia, Florida, Alabama, Mississippi,
Louisiana, and Texas, shall be ninety (90) percent of the minimum
wages set forth in Sections 1 and 2 of this Article.
Sec. 4. Piece Worh and Minimum Wage. — This Article establishes
a minimum rate of pay which shall apply irrespective of whether an
employee is actually compensated on a time rate, piecework, or
other basis.
aOJSl" 313-9 34 2
182
Sec. 5. Learners. — Persons learning an occupation shall be paid
not less than eighty (80) percent of the minimum wages prescribed
in Section 1 of this Article providing that the nmnber of such
learners shall not exceed five percent of the total number of em-
ployees of any one emploj^er at any time and that the learners shall
not be compensated at less than the minimum rate for a total period
in excess of one month whether employed by one or more employers.
Sec. 6. 0-j^ce Boys and Messengers. — The minimum rates pre-
scribed in Section 1 of this Article shall not apply to messengers,
office boys, or office girls under the age of eighteen (18) years, pro-
vided, however, that such employees shall be paid not less than
eighty (80) percent of the minimum wage prescribed herein. The
number of such employees shall not exceed five (5) percent of the
total number of employees of any one employer at any one time.
Sec. 7. Adpistment of Wages. — No employee receiving in excess
of the minimum wage rate in June 1933 shall have his rate of wages
decreased below his rate on that date. Wages in excess of the mini-
mum shall be adjusted on a fair and equitable basis, said adjustments
to be reported to the Code Authority and the Administrator for
approval.
Sec. 8. Female Employees. — Female employee's performing sub-
stantially the same work as male employees shall receive the same
rates of pay as male employees.
Sec. 9. Handicapped Persons. — A person whose earning capacity
is limited because of age or physical or mental handicap may be em-
ployed on light work at a wage below the minimmn established by
this Code if the employer obtains from the State authority desig-
nated by the United States Department of Labor a certificate
authorizing his employment at such wages and for such hours as
shall be stated in the certificate. Each employer shall file with the
Code Authority a list of all such persons employed by him.
Sec. 10, Accounting .f Clerical., or Office Employees. — Accounting,
clerical, or office employees shall not bo paid less than the rate of
$15.00 per week in any city of 500,000 population or over, or in the
immediate trade area of such city, and not less than $14.50 per week
in any city between 100,000 and 500,000 population or in the immedi-
ate trade area of such city, and not less than $14.00 per week in any
city between 10,000 and 100,000 or in the immediate trade area of
such city, and not less than $12.00 per week in any city under
10,000 population. Population for the purposes of this Code shall
be determined by the 1930 Federal Census.
Article V — General Labor Provisions
Section 1. Child Lahor Prohihited. — No person under sixteen
(16) years of age shall be employed in the industry. No person
under eighteen (18) years of age shall be employed at operations or
occupations which are hazardous in nature or dangerous to health.
The Code Authority shall submit to the Administrator before Janu-
ary 31, 1934, a list of such operations or occupations. In any State
an employer shall be deemed to have complied with this provision
183
as to af^e if he shall have on file a 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.
Sec. 2. Employees' Right to Organkc. — In compliance with Sec-
tion 7 (a) of the xVct, it is provided that:
(a) Employees shall have the right to organize and bargain collec-
tively, 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.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing; and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Sec. 3. State Lairs Prevail Where More Stringent Than Code. —
No provision in this Code shall supersede any State or Federal law
which imposes on employers more stringent requirements as to age of
employees, wages, hours of work, or as to safety, health, sanitary or
general working conditions, or insurance, or fire protection than are
imposed by this Code.
Sec. 4. Posting Code. — All emploj^ers shall post complete copies
of this Code in conspicuous places accessible to employees.
Sec. 5. Rec-lassifying Employees. — No emploj^er shall reclassify
employees or duties of occupations performed for the purpose of
defeating the purpose or provisions of the Act or of this Code.
Sec. G. Safety and Health. — Every employer shall make reason-
able provision for the safety and health of his employees at the
place and during the hours of their employment. Standards for
safety and health shall be submitted by the Code Authority to the
Administrator for approval within six months after the effective
date of this Code.
Sec. 7. Contracted Work. — No employer shall avoid or evade the
labor provisions of this Code by contracting his work to any person
subject to labor reirulations less stringent than those provided in this
Code.
Sec. 8. Prohibited Home Work. — No member of the industry shall
permit any work in the industry to be performed in the home of any
Vt'orker.
Sec. 9. Payment of Wages. — An emplo5^er shall make payment of
all wages due in lawful currency, or by negotiable check therefor pay-
ment on demand. These wages shall be exempt from any payments
for premiums, insurance, or sick benefits other than those voluntarily
paid by the wage earners, or required by State laws. All employ-
ment agreements shall require that wages be paid at least at the end
of every two weeks' period, salaries at least at the end of every month,
and that no employer shall withhold wages due any employee.
184
Article VI — Organization, Powers, and Duties of the Code
Authority, Organization, and Constitution
Section 1. Code Authority. — A Code Authority is hereby consti-
tuted to cooperate with the Administrator in the administration of
this Code.
Sec. 2. How Com/posed. — The Code Authority shall consist of not
less than ten (10) members of the industry complying with the pro-
visions of Section 8 of this Article, to be selected as follows : Ten (10)
members of the Code Authority may be selected by the members of
the Association, not more than two (2) being selected by each of the
five (5) Divisions by the members thereof. Not less than one (1)
member of the Code Authority shall be a nonmember of the Asso-
ciation, if there be any such members of the industry and shall be
selected by such nonmembers, complying with the provisions of
Section 8 of this Article, by personal vote or by proxy at an election
conducted by the Association.
Sec. 3. Provisions for Alternates. — Each Division may select an
alternate for each of its members of the Code Authority. Should
any matter come before the Authority which specifically involves
acts, conduct, or the interests of a company with which any member
of the Code Authority is associated or employed, such member shall
be disqualified to act in such matter and a designated alternate may
act in such disqualified member's place.
Sec. 4. Trade Assoeiation Shall Conduct Election. — The Asso-
ciation is hereby designated as the agency to conduct an election of
the members of the Code Authority within twenty (20) days after
the effective date of this Code, and any other elections of members
of the Code Authority which may thereafter be held. Members of
the Code Authority shall be elected to serve for a term of one (1)
year or until their successors are elected at the next annual meeting
of the industry. In the event of any vacancy in the membership of
the Code Authority, a special meeting of the members of the indus-
try for an election to fill the incomplete terms of such members shall
be called. Notice of each election shall be sent to all members of the
industry at least ten (10) days in advance of such election, and vot-
ing at such election may be by person, by proxy, or by letter ballot.
Sec. 5. Members Appointed hy the Adniinistrator. — In addition to
membership as above provided, there may be three (3) members,
without vote, to be appointed by the Administrator, to serve for
terms of from six (6) to twelve (12) months from the date of ap-
pointment as the Administrator may designate. Such members shall
be given notice of and may sit at all meetings of the Code Authority.
Sec. 6. Trade Association Regivlutions. — Each trade or industrial
association or Division directly or indirectly participating in the se-
lection or activities of the Code Authority shall (1) impose no in-
equitable restrictions on membership, and (2) submit to the Adminis-
trator true copies of its articles of association, bylaws, regulations,
and any amendments when made thereto, together with such other
information as to membership, organization, and activities as the
Administrator may deem necessary to effect the purposes of the Act.
Sec. 7. Code Authority Must he Representative. — In order that the
Code Authority shall at all times be truly representative of the in-
185
dustry and in other respects comply with the provisions of the Act,
the Administrator may prescribe such hearings as he may deem
proper; and thereafter if he shall find that the Code Authority is
not truly representative or does not in other respects comply with
the provisions of the Act, may require an appropriate modification
in the method of selection of the Code Authority.
Sec. 8. Expenses of Code Authority. — Members of the industry
shall be entitled to participate in and share the benefits of the
activities of the Code Authority and to participate in the selection
of the members thereof by assenting to and complying with the
requirements of this Code and sustaining their reasonable share of
the expenses of its administration. Those who participate in or
accept the benefits of the activities of the Code Authority or their
respective Divisional Agency shall pay their reasonable share of
the cost of the Administration of this Code. Such reasonable share
of the expenses of administration shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
volume of business and/or such other factors as may be deemed
equitable.
Sec. 9. Members of Code AuthoHty not Partners. — Nothing con-
tained in this Code shall constitute the members of the Code
Authority partners for any purpose. Nor shall any member of
the Code Authority be liable in any manner to any one for any act
of any other member, officer, agent, or employee of the Code
Authority. Nor shall any member of the Code Authority, exercis-
ing reasonable diligence in the conduct of his duties hereunder, be
liable to any one for any action or omission to act under this Code,
except for his own willful misfeasance or nonfeasance.
Sec. 10. Powers and Duties of Code Authority. — The Code Au-
thority shall have the following further powers and duties, the
exercise of which shall be reported to the Administrator and shall
be subject to his right, on review, to disapprove any action taken
by the Code Authority.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of
the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of Title I of the Act, which information and
reports shall be submitted by members to such administrative and/or
government agencies as the Administrator may designate; provided
that nothing in this Code shall relieve any member of the industry of
any existing obligations to furnish reports to any government agency.
No individual reports shall be disclosed to any other member of
the industry or any other party except to such governmental agencies
as may be directed by the Administrator and except to such impartial
agency as may be necessary to facilitate the administration of this
Code.
186
(d) To use such, trade associations and other agencies as it deems
proper, for the carrying out of any of its activities provided for
Lerein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(f ) To secure from members of the industry an equitable and pro-
portionate payment of the reasonable expenses of maintaining the
Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use
of any N.R.A. insignia solely by those members of the industry who
Lave assented to and are complying with this Code.
(h) To recommend to the Administrator further fair-trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabili-
zation of employment.
(i) The Code Authority may appoint such committees or agents
as it may deem necessary and may delegate to them or to any Divi-
sional Agency or Divisional Code Authority such of its powers or
duties as it may deem proper for the administration of this Code;
provided, however, that it shall reserve final responsibility as to any
powers or duties so delegated.
(j) Divisional agencies or Divisional Code Authorities provided
for herein may make such rules and regulations as may be necessary
to administer this Code in their respective Divisions. Any rules and
regulations made pursuant to the provisions of this section shall be
immediately submitted in duplicate to the Authority, which shall
promptly transmit one copy thereof to the Administrator for his
review or disapproval.
(k) In order to assist in eliminating unfair competition, the Code
Authority may establish classifications and quality standards for the
products manufactured and sold by each Division subject to the ap-
proval of the Division concerned. No member of the industry shall
falsely represent his product as complying with any standards or
classifications so established. Such classifications and quality stand-
ards shall be subject on review to disapproval by the Administrator.
(1) To employ a Secretary -Accountant who shall be the Execu-
tive Officer of the Code Authority and who shall not be in any way
affiliated with any member of the industry.
Sec. 10. Industrial Relations Board. — To recommend to the Ad-
ministrator the establishment of an Industrial Relations Board for
this industry.
Sec. 11. Metal Moulding and Metal Frame Division. — Division 6,
Metal Moulding and Metal Frame, may adopt, subject to the ap-
proval of the Administrator, a Supplementary Code for such Divi-
sion, provided that such Supplementary Code shall not be incon-
sistent with or contrary to the provisions of this Code of the In-
dustry. Such Supplementary Code, when approved by the Presi-
187
dent, shall have the same force and effect in the Metal Moulding and
Metal Frame Division as this Code. Such Supplementary Code
may provide for a Divisional Code Authority, which shall have
direct access and appeal at all times to the Administrator.
Aeticle YII — Publicity of Prices, Terms and Conditions of Sale
Section 1. Cost Accounting System for Each Division. — Pur-
suant to the provisions of Article VI, each Division of the industry
shall formulate or cause to be formulated standard methods or sys-
tems of cost accounting for use in such Division of the Industry,
which methods or systems shall be adaptable to the cost-accounting
procedure of and to the business of such Division of the Industry,
and shall be subject to the approval of the Code Authority. Such
methods or systems shall specify the factors that shall determine
the cost for each member of such Division of the Industry pursuant
to the provisions of this section. Upon approval of such methods
or systems by the Administrator, the Code Authority shall furnish
to each member of such Division of the Industry complete details
of such methods or systems. Thereafter, in determining its costs,
each member of the industry shall use the principles of such
cost-accounting system recommended by such divisions and approved
by the Code Authority and the Administrator.
Sec. 2. Selling Below Cost. — No member of the industry shall
publish prices or sell any article, including surplus stocks, below his
cost of production except (a) to meet the competition of a lower-
cost producer and (b) as may be specifically, authorized by the Code
Authority regarding dropped lines and close outs.
Sec. 3. Filing Individual Overhead Costs. — Each member of the
industrv shall within ten (10) days of the effective date of this
Code, file with the Secretary-Accountant a statement of the per-
centage to be added to his direct raw material and direct labor costs,
the total of which is commonly called Bench Cost, to cover his
entire individual overhead. This overhead percentage may be dif-
ferent for different classifications of products of the members, pro-
vided that not more than four classifications be used, unless
otherwise authorized by the Code Authority. The percentages filed
shall be based on the actual costs of the individual member, and,
after the adoption of the cost system which may be prescribed by
the respective Divisions as set forth in Section 1 of this Article,
shall be in accord with such cost system.
Sec. 4. Price Lists to he Filed with Code Authority. — Within ten
(10) days after the effective date of this Code each member of the
industry shall file with the Secretary-Accountant of the Code Au-
thority his list prices and maximum discounts applying thereto and
the terms and conditions of sale on all his products. Such lists so
filed and any revisions thereof subsequently filed shall be available
to each class of purchasing trade, namely, manufacturers who are
customers of another manufacturer, wholesalers, and retailers to
which such list prices, maximum discounts, terms, and conditions
apply.
Sec. 5. List Prices May he Changed. — In the event of any change
by any member of the industry in any list price and maximum.
188
discounts, terms, or conditions of sale applying thereto, lie shall
file full and complete copies of every such change with the Secretary-
Accountant of the Code Authority within such periods as may have
been designated by the Code Authority but not exceeding ten (10)
days in advance of the effective date of any such change.
Sec. 6. Unlisted Discounts Not AUoived. — No member of the in-
dustry shall sell, pay a rebate, or allow a deduction at any time to
anyone except in accordance with his list prices and maximum dis-
counts applying thereto, terms, and conditions of sale then in effect
and published in the manner described herein. Each member of
the industry shall have the right, individually, to publish new list
prices and maximum discounts applying thereto, terms, and condi-
tions of sale from time to time as herein provided.
Article VIII — Trade Practice Rules
GENERAL DEFINITIONS
For all purposes of the Code the acts described in this Article
shall constitute unfair practices. Any member of the industry who
shall directly or indirectly through any oflficer, employee, agent, or
representative, knowingly use, employ, or permit to be employed, any
of such unfair practices shall be guilty of a violation of the Code.
Rule 1. iTiaccurate Advertising. — No member of the Industry
shall publish advertising (whether printed, radio, display, or of any
other nature) which is misleading or inaccurate in any material par-
ticular or in any way misrepresents any commodity (including its
use, trade mark, grade, quality, quantity, origin, size, material con-
tent, or preparation), or credit terms, value, policies, services, or the
nature or form of the business conducted.
Rule 2. " Bait " Advertising. — No member of the Industry shall
knowingly publish advertising or use selling methods or credit terms
which tend to deceive or mislead the customer or prospective customer.
Rule 3. False Billing. — No member of the Industry shall know-
ingly withhold from or insert in, any quotation, contract, or invoice
any statement that makes it inaccurate in any material particular.
Rule 4. Inaccurate Labeling. — No member of the Industry shall
brand or mark or pack any commodity in any manner which tends
to deceive or mislead purchasers with respect to the brand, grade,
quality, quantity, origin, size, material content, or preparation of
such commodity.
Rule 5. Inaccurate Reference to Com'petltors, Etc. — No member of
the Industry shall publish advertising which intentionally refers
inaccurately in any material particular to any competitors or their
commodities, prices, values, credit terms, policies, or services.
Rule 6. Threats of Lawsuits. — No member of the Industry shall
publish or circularize unjustified or unwarranted threats of legal
proceedings which tend to or have the effect of harassing competitors
or intimidating their customers, and failure to prosecute diligently
shall be evidence of such harassment or intimidation.
Rule 7. Secret and Discriminatory Rebates. — No member of the
Industry shall offer or make any secret or discriminatory payment
or allowances of a rebate, refund, commission, credit, unearned dis-
189
count, or excess allowance, whether in the form of money or other-
wise, for the purpose of influencing a sale, nor shall a member extend
to any customer any secret or discriminatory special service or priv-
ilege not extended to all customers of the same class.
Rdtji 8. Giving Gratuities or Rewards to Employees. — ~Eq member
of the Industry shall give, permit to be given, or offer to give any-
thing of value for the purpose of influencing or rewarding the a-ction
of any employee or agent of another in relation to the business of
the employer of such employee or the principal of such agent with
or without knowledge of such employer or principal, provided that
nothing herein shall prohibit the free and general distribution of
articles used solely for advertising.
Rtjle 9. Interference with An/)t7ier''s Contracts. — ^N^o member of the
Industry shall induce or attempt to induce the breach of an existing
contract between a competitor and his employee or customer or source
of supply ; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services.
Rule 10. Shipment of CoTnmodities on Consignment. — ^o member
of the Industry shall ship commodities on consignment, except under
circumstances and conditions approved by the Code Authority.
Article IX — Complatnts and Apfeai^s
Section 1. Right of Appeal to Divisions. — Any interested party
shall have the right of complaint to any Divisional Agency and
prompt hearing and decision therein with respect to any action by
it under this Code under such rules and regulations as it may
prescribe.
Sec. 2. Method of Appeal to Authority. — Any interested party
shall have the right to appeal to the Code Authority from any de-
cision of a Divisional Agency under such procedure as the Code
Authority shall prescribe.
Sec. 3. Right of Complaint to Authority. — Any interested party
shall have the right of complaint to the Code Authority and prompt
hearing and decision thereon under such procedure as it shall pre-
scribe in respect to any rule, regulation, order, or finding made, or
course of action pursued by the Code Authority.
Sec. 4. Right of Appeal to Administrator. — Any interested party
shall have the right of appeal to the Administrator under such pro-
cedure as he shall prescribe in respect to any decision, rule, regula-
tion, order, or finding made, or course of action pursued by any
agency pursuant to this Code.
Article X — Monopolies
No provisions of this Code shall be interpreted or applied in such
manner as to promote or permit monopolies or monopolistic prac-
tices or to eliminate, oppress, or discriminate against small enter-
prises.
Article XI — Modifications
Section 1. President May Modify Code. — This Code and all the
provisions thereof are expressly made subject to the right of the
190
President, in accordance with the provisions of subsection (b) of
Section 10 of the National Industrial Recovery Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under Title I of said Act and specifically, but without
limitations to the right of the President to cancel or modify his
approval of this Code or any conditions imposed by him upon his
ajDproval thereof.
Sec. 2. Amendment of Code. — This Code, except as to provisions
required by the Act, may be modified on the basis of experience or
changes in circumstances, such modification to be based upon ap-
plication to the Administrator and after such notice and hearing as
he shall specify, shall become ejffective on approval of the President.
Article XII — Effective Date and Termination
This Code shall become effective on the second Monday after it
shall have been approved by the President. It shall continue in
effect until June 16, 1935, or until such time prior thereto as the
President, by proclamation, or the Congress shall by joint resolu-
tion, declare that the emergency recognized by Section 1 of the
National Recovery Act has ended.
Approved Code No. 208.
Registry No. 1122-09.
o
Approved Code No. 209
CODE OF FAIR COMPETITION
FOR THE
MUSICAL MERCHANDISE MANUFACTURING
INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
MUSICAL MERCHANDISE MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Musical Merchandise Manufacturing In-
dustry, and hearings having been duly held thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the i>ertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
AdminhtTatoT for Industrial Recovery.
Approval Recommended :
George L. Beery,
Division Administrator.
Washington, D.C,
January 16^ 139J^.
32302° 313-56^ 34 (191)
The President,
The White House.
Sir : A Public Hearing on the Code of Fair Competition for the
Musical Merchandise Manufacturing Industry, submitted by the
National Association of Musical Merchandise Manufacturers, located
at 45 West 45th Street, New York, N.Y., was conducted in Washing-
ton on the 15th of November 1933 in accordance with the provisions
of the National Industrial Recovery Act. The Association claims
to represent eighty (80%) percent of the Industry.
The maximum hours permitted under this Code are- forty (40)
hours per week, averaged over a four (4) weeks' period; provided,
however, that such employees shall not be employed more than forty-
eight (48) hours in any one (1) week; and provided further that
such employees may be permitted to work a total of not to exceed
eighty (80) additional hours during any twelve (12) months' period.
For clerical or office employees a maximum of forty (40) hours
per week is provided, except that at inventory periods, such em-
ployees may work a maximum of forty-eight (48) hours per week
for a total of not to exceed three (3) weeks in each six (6) months'
period. However, overtime at the rate of time and one third is
provided for all hours per week over forty (40).
The minimum wage scale for male employees is thirty-five (35^)
cents per hour. The minimum wage for female employees is thirty-
two (32^*) cents per hour, and for clerical or office employees a
minimum wage of fifteen ($15.00) dollars per week is provided,
except that office boys and office girls who are between the ages of
sixteen (16) and eighteen (18) years may be employed at a rate not
less than eighty percent (80%) of such minimum wage and are to
be limited to one (1) in number or five percent (5%) of the total
number of clerical and office employees employed by any member
of the Industry.
Because of the fact that a musical instrument is not classed as a
necessity of life, but is a commodity which supplies a cultural want
of mankind, it is not purchased until the more vital needs have been
supplied. Not until prosperity has become well established will this
Industry experience a real upturn in business, with the resultant
reemployment of a substantial number of employees. Based on
information furnished by this Industry, wage-earner employment
declined 33.3 percent from 1928 to 1932.
On the basis of a 40-hour week, 160 wage earners should benefit
through reemployment, bringing the total number of wage earners
to 960.
The total value of products for the year 1928 was $3,160,000.
Since then the value of products has gradually decreased from year
to year until during 1932 it amounted to only $1,228,000 or 61.1 per-
cent under the 1928 total. The percentage of decrease of each suc-
ceeding year including 1932 under the 1928 total was 22.9, 26.3,
38.4, and 61.1, respectively.
(192)
J
193
Even though 1928 was a peak year, the establishments actually
were then operating at 79 percent of their capacity. While the
capacity has remained almost the same for each year since 1928,
having declined only 12.5 percent, production has declined 61.1
percent.
Findings
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees, and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsec-
tion (b) of Section 10 thereof; and that the applicant association is
an industrial association truly representative of the aforesaid Indus-
try; and that said association imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
This Industry has cooperated in a mo^t satisfactory manner with
the Administrator in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable solu-
tion for this Industry, and for these reasons this Code has been
approved.
Respectfully,
Hugh S. Johnson,
Adnninistrator,
January 16, 1934.
CODE OF FAIR COMPETITION
FOR THE
MUSICAL MERCHANDISE MANUFACTURING INDUSTRY
Article I — ^Purposes
To effectuate the policies of Title I of the National Industrial Re-
covery Act, this Code is established as a Code of Fair Competition
for the Musical Merchandise Manufacturing Industry, and shall be
the standard of fair competition for this industry and binding upon
every member thereof.
Article II — DEriisnTiONS
Section 1. The term " musical merchandise " as used herein is
defined to mean all musical instruments, and all other allied prod-
ucts commonly dealt in in the musical-instrument business, includ-
ing all accessories, attachments, supplies, parts, materials, strings
for musical instruments, instrument cases and covers, with the ex-
ception of the products of the piano, organ, and band-instrument
manufacturing industries.
Sec. 2. The term " musical merchandise manufacturing industry "
as used herein is defined to mean the production, fabricating, re-
pairing, reconstructing, remodeling, and the assembling of musical
merchandise and allied products, and/or materials and supplies there-
of as defined in Section 1 of this Article.
Sec. 3. The term " employee " as used herein includes any person
engaged in any phase of the industry in any capacity receiving
compensation for his services, irrespective of the nature or method of
payment of such compensation.
Sec. 4. The term " employer " as used herein includes anyone
by whom any such employee is compensated or employed.
Sec. 5. The term " learner " as used herein, shall mean an employee
without previous experience or employment in the industry engaged
in learning any one of the skilled or semiskilled operations incidental
to the musical merchandise manufacturing industry.
Sec. 6. The terms "Act ", and "Administrator " as used herein
shall mean respectively Title I of the National Industrial Recovery
Act, and the Administrator for Industrial Recovery.
Article III — Hours
MAXIMUM HOURS ^
Section 1. No employee except as herein otherwise provided shall
be permitted to work in excess of forty (40) hours per week, aver-
aged over a four (4) weeks' period; provided, however, that such
(194)
195
employees shall not be employed more than forty eight (48) hours
in any one (1) week; and provided further that any employee in-
cluded in this section may be permitted to work a total of not to ex-
ceed eighty (80) additional hours during any twelve (12) months'
period, provided tliat overtime at the rate of time and one third is
paid for the additional hours worked over forty (40) hours per
week.
Sec. 2. No person employed in clerical or office work shall be per-
mitted to work more than forty (40) hours per week, except that at
inventory periods, such employees may work a maximum of forty
eight (48) hours per week for a total of not to exceed three (3)
weeks in each six (6) months' period, provided that time and one
third shall be paid to such employees for all hours per week over
forty (40).
EXCEPTIONS
Sec. 3. The foregoing stipulations of Sections 1 and 2 of this
Article shall not apply, however, to employees in managerial,
supervisory, and executive capacities, technicians on research and
engineering staffs, or demonstrators, who receive thirty-five dollars
($35.00) or more per week, nor to commercial traveling salesmen.
Sec. 4. Service men shall not be permitted to work in excess of
fortj'-eight (48) hours per week.
Sec. 5. Watchmen and Firemen shall not be permitted to work
more than thirty-six (36) and forty -eight (48) hours in alternate
weeks, or an average of forty-two (42) hours per week; or Firemen
shall be allowed a ten (10%) percent tolerance on the hours stipu-
lated in Section 1 of this Article.
Employmext by Several Employers
Sec. 6. No employee shall be permitted to work for a total number
of hours in excess of the number of hours prescribed herein, whether
he be employed by one or more employers.
Article IV — Wages
MINIMUM wage
Section 1. No male employee shall be paid less than at the rate
of thirty-five cents (35^') per hour. No female employee shall be
paid less than at the rate of thirty-two cents (320) per hour.
minimum wage for clerical and office employees
Sec. 2. No person employed in clerical or office work shall be paid
at a rate less than fifteen dollars ($15.00) per week, except that office
boys and office girls who are between the ages of sixteen (16) and
eighteen (18) years may be employed at a rate not less than eighty
percent (80%) of sucli minimum wage. The total number of such
office boys and office girls employed by any member of the industry
shall not exceed one (1) in number or five percent (5%) of the total
number of his employees covered under this section, whichever is
the higher.
196
LP^ARNEIIS
Sec. 3. No learner shall be paid less than eighty percent (80%)
of the minimum wage prescribed in Section 1 of this Article. The
period of learning for each operation shall be determined by the
Code Authority subject to the approval of the Administrator, but
in no case shall such period exceeJ six (6) months.
HANDICAPPED PERSONS
Sec. 4. A person whose earning capacity is limited because of age
or physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
PIECEWORK COMPENSATION MINIMUM WAGES
Sec. 5. This Article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time-rate, piecework performance, or other basis.
WAGES ABOVE MINIMUM
Sec. 6. It is the policy of the members of this industry to refrain
from reducing the compensation for employment which compensa-
tion was prior to June 16, 1933, in excess of the minimum wage here-
in set forth, notwithstanding that the hours of work in such employ-
ment may be reduced; and, unless since such date such adjustments
have been made, all members of this industry shall endeavor to in-
crease the pay of all employees in excess of the minimum wage, as
herein set forth, by an equitable adjustment of all pay schedules.
FEMALE EMPLOYEES
Sec. 7. Female employees performing substantially the same work
as male employees shall receive the same rate of pay as male em-
ployees.
Article V — General Labor Provisions
child labor provision
Section 1. No person under sixteen (16) years of age shall be
employed in the industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are haz-
ardous in nature or dangerous to health. The Code Authority shall
submit to the Administrator within sixty (GO) days after the effec-
tive date of this Code a list of such operations or occupations. In
any State an employer shall be deemed to have complied with this
197
provision as to age if he shall have on file a certificate or permit duly
issued by the Authority in such State empowered to issue employ-
ment or age certificates or permits sliowing that the employee is of
the required age.
PROVISIONS FROM THE ACT
Sec. 2. In compliance with Section 7(a) of the Act it is provided
that :
(a) Emploj'ees shall have the right to organize and bargain col-
lectively, through rej^resentatives 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.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
RECLASSIFICATION OF EMPLOYEES
Sec. 3. No employer shall reclassify employees or duties of occu-
pations performed or engage in any other subterfuge for the purpose
of defeating the purposes or provisions of the Act or of this Code.
STANDARDS FOR SAFETY AND HEALTH
Sec. 4. Every employer shall make reasonable provision for the
safety and health of his emploj^ees at the place and during the hours
of their employment.
STATE LAWS
Sec. 5. No provisions in this Code shall supersede any State or
Federal laws which impose on employers more stringent require-
ments as to the age of employees, wages, hours of work, or as to
safety, health, sanitary or general working conditions, than are im-
posed b}'^ this Code.
CONTRA CT LABOR
Sec. 6. All S3^st«ms of contracts l^etween employer and employee
for the manufacture of any product or part thereof or for work to
be done at a specific price and/or by which employees engage other
employees to work for them, are prohibited by this Code.
POSTING
Sec. 7. All employers shall post complete copies of this Code in
conspicuous places accessible to employees.
198
Article VI — Organization, Poavers, and Duties of the Code
Authority
organization
Section 1. A Code Authority is hereby established to cooperate
with the Administrator in the administration of this Code and shall
consist of not more than seven (7) nor less than three (3) members of
the industry to be chosen by a fair method of selection approved by
the Administrator. The Administrator in his discretion may ap-
point not more than three (3) additional members without vote and
without compensation from the industry to serve for such period of
time and to represent the Administrator or such group or groups as
he may designate.
Sec. 2. Vacancies in the personnel of the Code Authority selected
by the industry shall be filled through the appointment by the Ad-
ministrator upon nomination of the Code Authority.
Sec. 3. Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall impose no inequitable restrictions on membership, and submit
to the Administrator true copies of its articles of association, hj-
laws, regulations, and any amendments when made thereto, together
with such other information as to membership, organization, and
activities as the Administrator may deem necessary to effectuate the
purposes of the Act.
Sec. 4. In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with
the provisions of the Act, the Administrator may provide such hear-
ings as he may deem proper; and if he shall find that the Code Au-
thority is not truly representative or does not in other respects com-
ply with the provisions of the Act, he may take such action as he
may deem necessary under the circumstances.
Sec. 5. Members of the industry shall be entitled to participate
in and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review and disapproval by
the Administrator, on the basis of volume of business and/or such
othf'r factors as may be deemed equitable.
Sec. 6. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer, agent, or employee of
the Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties, here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own willful misfeasance or nonfeasance.
POWERS AND duties
Sec. 7. The Code Authority shall have the following powers and
duties to the extent permitted by the Act, subject to the right of the
199
Administrator, on review, tx) disapprove of any action taken by the
Code. Authority.
(a) To administer the provisions of this Code and provide for
the compliance of the industry with the provisions of the Act.
(b) To adopt byhiws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry as soon as the neces-
sary readjustments within the industry can be made, reports based
on periods of one, two, or four weeks, or multiples thereof, for use
of the Code Authority and the Administrator in the administration
and enforcement of the Code, and to give assistance to members of
the industry in improving methods, or in prescribing a uniform
system of accounting and reporting. All individual reports shall
be kept confidential and only general summaries thereof may be
published.
(d) To obtain from members of the industry such additional in-
formation and reports as are required for the administration of the
Code and to provide for submission by members of such information
and reports as the Administrator may deem necessary for the pur-
poses recited in Section 3 (a) of the Act, which information and
reports shall be submitted by members to such administrative and/or
government agencies as the Administrator may designate; provided
that nothing contained in this Code shall relieve any member of the
industry of any existing obligations to furnish reports to any govern-
ment agencies. No individual reports shall be disclosed to any other
member of the industr}'^ or any other party except to such govern-
mental agencies as may be directed by the Administrator.
(e) To receive complaints of violations of this Code, make investi-
gations thereof, provide hearings thereon and adjust such com-
plaints, and bring to the attention of the Administrator for
prosecution, recommendations, and information relative to unad-
justed violations.
(f) To use the National Association of Musical Merchandise
Manufacturers or other trade associations and agencies as it deems
proper for the carrying out of any of its activities provided for
herein and with the approval of the Administrator to pay such trade
associations and agencies the cost thereof, provided that nothing
contained herein shall relieve the Code Authority of its duties or
responsibilities under this Code and that such trade associations and
agencies shall at all times be subject to and comply with the provi-
sions hereof.
(g) To coordinate the administration of this Code with such
other codes, if any, as may be related to the industry, or any sub-
division thereof, and to delegate to any other administrative author-
ity, with the prior approval of the Administrator, such powers as
will promote joint and harmonious action upon matters of common
interest.
(h) To secure from members of the industry who assent to this
Code and/or participate in the activities of the Code Authority such
proportionate payment of the expenses of maintaining the Code Au-
thority as may be determined by the Code Authority and approved
by the Administrator.
200
(i) To cooperate with the Administrator in regulating the use of
the N.R.A. Code Insignia solely by those employers who have agreed
to, and are complying with, this Code.
(j) To initiate, consider, and make recommendations for the modi-
fication or amendment of this Code.
•Article VII — Trade Practice Rules
GENERAL DEFINITION
For all purposes of the Code the acts described in this Article shall
constitute unfair practices. Any member of the industry who shall
directly or indirectly through any officer, employee, agent, or repre-
sentative, knowingly use, employ, or permit to be employed, any of
such unfair practices shall be guilty of a violation of the Code.
Section 1. No member of the industry shall publish advertising
(whether printed, radio, display, or of any other nature), which is
misleading or inaccurate in any material particular, nor shall any
member, 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.
Sec. 2. No member of the industry shall use advertising or selling
methods or credit terms which tend to deceive or mislead the cus-
tomer or prospective customer.
Sec. 3. No member of the industry shall knowingly withhold
from or insert in any quotation or invoice any statement that makes
it inaccurate in any material particular.
Sec. 4. No member of the industry 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, quan-
tity, origin, size, substance, character, nature, finish, material, con-
tent, or preparation of such goods.
Sec. 5. No member of the industry shall use advertising or other
I'epresentation which refers inaccurately in any material particular
to any competitors of their commodities, prices, values, credit terms,
policies, or services.
Sec. 6. No member of the industry shall publish or circulate un-
justified or unwarranted threats of legal proceedings which tend to
or have the effect of harassing competitors or intimidating their
customers. Failure to prosecute in due course shall be evidence that
any such threat is unwarranted or unjustified.
Sec. 7, No member of the industry 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 a member of the industry 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.
Sec. 8. No member of the industry shall ship commodities on mem-
orandum or consignment, except under contract or bona fide orders.
201
Sec. 9. No member of the industry shall give, permit to be given, or
directly offer to give anything of value for the purpose of influencing
or rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of such employee,
the principal of such agent, or the represented party without the
knowledge of such employer, principal, or party. Commercial brib-
er}' provisions shall not be construed to prohibit free and general
distribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
above defined.
Sec. 10. Xo member of the industry shall attempt to induce the
breach of an existing contract between a competitor and his employee
or customer or source of supply ; nor shall any such member interfere
with or obstruct the performance of such contractual duties or
services.
Sec. 11. No member of the industry shall repudiate a contract en-
tered into in good faith when the purpose of such repudiation is to
create for such member an unfair price advantage.
Article VIII — Modificatign
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under said Act.
2. This Code, except as to provisions required by the Act, may
be modified or amended on the basis of experience or changes in
circumstances, such modification or amendments to be based upon
application to the Administrator and such notice and hearings as
he shall specify, and to become effective on approval of the Admin-
istrator unless otherwise provided.
Article IX — IMonopolies, Etc.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
Article X — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increase except such as may be required to meet individual cost
should be delayed. But when made such increases should, so far
as possible, be limited to actual additional increases in the seller's
costs.
Article XI — Effective Date
This Code shall become effective on the second Monday after its
approval by the Administrator.
Approved Code No. 209.
Registry No. 11340-06.
o
Approved Code No. 210
CODE OF FAIR COMPETITION
FOR THE
PIPE ORGAN INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
PIPE ORGAN INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Pipe Organ Industry, and hearings having
been duly held thereon and the annexed report on said Code, con-
taining findings with respect thereto, having been made and directed
to trflft X^rGSlQGIlt '
NO^V, THEREFORE, on behalf of the President of the United
States, 1, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act ; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Indu'Strial Recovery.
Approval recommended :
George L. Berry,
Division Adviinistrator.
Washington, D.C,
Ja/nuary 16, 1934.
29830° 20&-13 34 (203)
The President,
The White House.
Sir: A Public Hearing on the Code of Fair Competition for the
Pipe Organ Industry, submitted by the National Association of
Organ Builders, located at 45 AVest 45th Street, New York, N.Y.,
was conducted in Washington on the 8th of November, 1933, in ac-
cordance with the provisions of the National Industrial Recovery
Act. The Association claims to represent 95 per cent of the
Industry.
The maximum hours permitted under this Code for factory em-
ployees are forty (40) hours in any one (1) week provided, how-
ever, that this limit may be extended to a maximum of forty-eight
^48) hours in any one (1) week, for a total of not to exceed twelve
(12) weeks in any twelve (12) month period, and provided further
that time and one third shall be paid for all hours per week over
forty (40). For clerical and office employees a maximum of forty
(40) hours in any one (1) week is permitted, except that inventory
and statistical employees may be permitted to work a maximum of
forty-eight (48) hours in any one (1) week for a total of not to
exceed three (3) weeks in any six (6) month period.
The minimum wage for factory employees, except learners, is forty
cents (400) per hour. The minimum wage for learners is at a rate
not less than eighty per cent (80%) of the minimum established
herein, and the total number of persons so employed by a member
of the Industry is not to exceed one in number or five per cent (5%)
of the total number of such member's factory workers, whichever is
the higher and the period of learning is limited to six (6) month*
whether served under one or more employers.
The minimum wage for other employees, except office boys and
off.ce girls, is fourteen dollars ($14.00) per week. Office boys and
office girls are to be paid not less than eighty percent (80%) of
the minimum established and the total number of such persons em-
ployed at less than fourteen dollars ($14.00) per week by any mem-
ber of the Industry in any calendar month shall not exceed two (2)
in number or five percent (5%) of the total number of such mem-
ber's other employees, whichever is the higher. The minimum rate of
pay established is to apply, irrespective of whether an employee is
actually compensated on a time rate, piecework performance, or
other basis. It is also provided that female employees performing
substantially the same work as male emploj^ees shall receive the
same rate of pay as male employees.
The value oJP commodities produced by the Organ Manufactur-
ing Industry aggregated, during 1929, $11,322,726. During 1931
product value declined 49.6 percent under the 1929 total, or to
$5,710,028.
The number of Pipe Organs manufactured in the United States
increased from 1,151 in 1919 to 1,767 in 1923, and to 2,471 in 1927.
Unit production dropped to 1,695 in 1929. This 31.4 percent drop
of 1929 under 1927 was due for the most part to the introduction
of sound in motion-picture theaters, which was one of the two main
consumer groups. Due to economic conditions, the demand for
church organs has diminished to a very low level, as well.
Because of the fact that a pipe organ is not a necessity of life, b^it
a commodity which supplies the cultural wants of mankind, it is
not purchased until the more vital needs have been supplied. Not
(204)
205
until prosperity has become well established will this industry
experience a real upturn in business with the resultant reemployment
of a substantial number of employees.
Wage earners employment declined 38.9 percent from 1929 to
1931. On the basis of the forty (40) hour week, 438 wage earners
should benefit through reemployment.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by
avoiding undue restriction oi production (except as may be tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant association
is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of a
Code.
This Industry has cooperated in a most satisfactory manner with
the Administrator in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable solu-
tion for this Industry and for these reasons this Code has been ap-
proved.
Respectfully,
Hugh S. Johnson,
Administrator.
January 16, 1934.
CODE OF FAIR COMPETITION
FOR THE
PIPE ORGAN INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the Pipe Organ Industry, and shall be the standard of fair com-
petition for this industry and binding upon every member thereof.
Article II — Definitions
1. The term " Pipe Organ Industry " as used herein is defined to
include :
(a) Organ builders who manufacture and/or assemble Pipe
Organs.
(b) Manufacturers operating a factory for the production of Pipe
Organ parts.
2. The term " member of the industry ", as used herein, shall mean
any person engaged as an employer in the Pipe Organ Industry.
3. The term " employee " as used herein includes any person
engaged in any phase of the industry in any capacity receiving com-
pensation for his services, irrespective of the method of payment of
such compensation.
4. The term " employer " as used herein includes any one by whom
such emploj^ee is compensated or employed.
6. The term " learner " as used herein shall mean an employee
with less than six (6) months previous experience or employment
in this industry.
6. The terms " Act " and " Administrator " as used herein shall
mean respectively Title I of the National Industrial Recovery Act,
and the Administrator for Industrial Recovery.
Article III— Hours
1. No factory employee shall be permitted to work in excess of
forty (40) hours in any one "week; provided, however, that this limit
may be extended to a maximum of forty-eight (48) hours in any
one week, for a total of not to exceed twelve (12) weeks in any
twelve (12) month period; and provided further, that time and one
third shall be paid for all hours per week over forty (40).
2. No person employed in clerical or office wurk or any other em-
ployee not elsewhere specifically covered, shall be permitted to work
(206)
207
in excess of forty (40) hours in any one week, except that inven-
tory and statistical employees may be permitted to work a maximum
of forty-eight (48) hours in any one week for a total of not to
exceed three (3) weeks in any six (6) month period.
3. Watchmen shall be employed in pairs and shall not be per-
mitted to work more than thirty-six (36) and forty-eight (48) hours
on alternate weeks or an average of forty-two (42) hours per week.
4. The foregoing stipulations shall not apply to employees in
managerial, supervisory, or executive capacities, technicians on re-
search and engineering staffs, who receive thirty-five ($35.00) dol-
lars or more per week, nor shall they apply to outside salesmen.
5. The foregoing stipulations shall not apply to outside installers
and outside service men who shall be permitted to work forty-eight
(48) hours per week at the regular hourly rate of pay and where
emergencies require overtime, they shall be compensated at the rate
of time and one third for all hours in excess of forty-eight (48).
6. No employee shall be permitted to work for a total number of
hours in excess of the number of hours prescribed herein, whether
he be employed by one or more employers in this or any other
industry.
Article IV — Wages
1. No factory worker, except learners, shall be paid at a rate less
than forty cents (400) per hour. No learner shall be paid at a
rate less than eighty percent (80%) of the minimum established
herein, and the total number of persons so employed by a member
of the industry shall not in any case exceed one in number or five
percent (5%) of the total number of such member's factory workers,
whichever is the higher. The period of learning shall be limited to
six (6) months, whether served under one or more employers.
2. No other employees, except office boys and office girls, shall
be paid less than fourteen dollars ($14.00) per week. Office boys
and office girls shall be paid not less than eighty percent (80%)
of the minimum established and the total number of such persons
employed at less than fourteen dollars ($14.00) per week by any
member of the industry in any calendar month shall not exceed two
(2) in number or five percent (5%) of the total number of such
member's other employees as defined herein, whichever is the higher.
3. This article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time rate, piecework performance, or other basis.
4. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
5. It is the policy of members of this industry to refrain from
reducing compensation for employment which compensation was,
prior to June 16, 1933, in excess of the minimum wage herein set
forth; and all members of this industry shall endeavor to increase
the pay of all employees in excess of the minimum wage, as herein
set forth, by an equitable adjustment of all pay schedules, imless the
same has been accomplished since June 16, 1933. All action taken
under this section shall be reported to the Code Authority within
thirty (30) daj^'s after the eft'ective date of this Code.
208
6. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at not
less than 80% of the minimum wage established by this Code if the
employer obtains from the State authority designated by the United
States Department of Labor a certificate authorizing his employ-
ment. The total number of persons so employed by any employer
^hall not in any case exceed one in number or 5% of the total number
of his employees, whichever is higher. Each employer shall file
with the Code Authority a list of all such persons employed by him.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the industry. No person under eighteen (18) years of age shall
be employed at operations or occupations which are hazardous in
nature or dangerous to health. The Code Authority shall submit to
the Administrator within sixty (60) days a list of such operations
or occupations. In any State an employer shall be deemed to have
complied with this provision as to age if he shall have on file a cer-
tificate or permit duly signed by the Authority in such State em-
powered to issue employment or age certificates or permits showing
that the employee is of the rec[uired age.
2. In compliance with Section 7 (a) of the Act it is provided:
(a) 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.
(b) 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 organiza-
tion of his own choosing, and
(c) 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.
3. No employer shall reclassify employees or duties of occupa-
tions performed or engage in any other subterfuge for the purpose
of defeating the purposes or provisions of the Act or of this Code.
4. Every employer shall make reasonable provision for the safety
and health of his employees at the place and during the hours of
their employment.
5. No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, than are imposed by this
Code.
6. If any employer in this industry is also an employer in another
industry, the provisions of this Code shall apply to and affect only
that part of his business which is included in the Pipe Organ
Industry.
7. All systems of contract between employer and employee for
the manufacture of any product or part thereof, or for work to be
209
done at a specific price, and/or bj^ which employees engage other
employees to work for them, are prohibited by this Code.
8. All employers shall post and keep posted copies of this Code
in conspicuous places accessible to employees.
Article VI — Organization, Powers, and Duties or the Code
Authority
1. A Code Authority is hereby established to cooperate with the
Administrator in the administration of this Code and shall consist
of five persons to be selected by the National Association of Organ
Builders by a fair method of selection approved by the Admin-
istrator. The Administrator in his discretion may appoint not more
than three additional members without vote and without compen-
sation, to serve for such period of time and to represent the Admin-
istrator or such group or groups as he may designate.
2. Vacancies in the personnel of the Code Authority selected by
the industry shall be filled through appointment by the Admin-
istrator upon nomination of the Code Authority.
3. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association, by-
laws, regulations, and any amendments when made thereto, together
with such other information as to membership, organization, and
acti^dties as the Administrator may deem necessary to effectuate the
purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may prescribe such hearings
as he may deem proper ; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act may require an appropriate
modification in the method of selection of the Code Authority.
5. Any member of the industry shall be eligible for membership
in the National Association of Organ Builders or any other trade
association or organized group participating in the activities of the
Code Authority upon compliance with the provisions of the bylaws
relating to membership, provided that any person applying for
membership shall, in addition to the payment of such dues as are
imposed upon and paid by all other members, accept a reasonable
and equitable share of the cost of code administration. Such mem-
bers of the industry as do not choose to become members of the
National Association of Organ Builders or anv other trade associa-
tion or organized group may participate in the activities of the Code
Authority and the selection of members thereof by assenting to and
complying with the requirements of this Code and paying to the
Code Authority a reasonable share of the expenses of its adminis-
tration based on volume of business and/or such other factors as
may be deemed equitable, as determined by the Code Authority,
subject to the disapproval of the Administrator.
6. Nothing contained in this Code shall constitute tlie meml^ers of
the Code Authority partners for any purpose. Nor shall any member
210
of the Code Authority be liable in any manner to anyone for any
act of any other member, officer, agent or employee of the Code
Authority. Nor shall any member of the Code Authority, exercising
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own willful misfeasance or nonfeasance.
7.' The Code Authority shall have the following further powers
and duties to the extent permitted by the Act, the exercise of which
shall be reported to the Administrator, who shall have the right to
disapprove of any action taken by the Code Authority.
(a) To administer the provisions of this Code and provide for the
compliance of the industry with the provisions of the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and re-
ports as the Administrator may deem necessary for the purposes re-
cited in Section 3 (a) of the Act, which information and reports shall
be submited by members to such administrative and/or government
agencies as the Administrator may designate ; provided that nothing
in this Code shall relieve any member of the industry of any existing
obligations to furnish reports to any government agency. No in-
dividual reports shall be disclosed to any other member of the in-
dustry or any other party except to such governmental agencies as
may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for carrying out of any of its activities provided for herein,
provided that nothing herein shall relieve the Code Authority of its
duties or responsibilities under this Code and that such trade asso-
ciations and agencies shall at all times be subject to and comply with
the provisions hereof.
(e) To designate the National Association of Organ Builders, or
such other agencies as it may select as the agency for administering,
supervising, and promoting the performance of the provisions of this
Code.
(f) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(g) To secure from members of the industry who assent to this
Code and participate in the activities of the Code Authority an
equitable and proportionate payment of the reasonable expenses of
maintaining the Code Authority and its activities.
(h) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the industry who
have assented to, and are complying with, this Code.
(i) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
211
Abticle "VTI — Trade Practice Rules
Rule 1. Inaccurate Advet^tising . — No member of the industry shall
publish advertising (whether printed, radio display, or of any other
nature) which is misleading or inaccurate in any material particu-
lar, nor shall any member in any way misrepresent any goods (in-
cluding but without limitation its use, trademark, 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.
Rule 2. False Billing. — No member of the industry shall know-
ingly withhold from or insert in any quotation or invoice any state-
ment that makes it inaccurate in any material particular.
Rule 3. Inaccurate Labelling. — No member of the industry 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.
Rule Jf. Inaccurate Reference to Coinpetitors^ etc. — No member of
the industry shall publish advertising which refers inaccurately
in any material particular to any competitors or their goods, prices,
values, credit terms, policies, or services.
Rule 6. Threats of Law Suits. — No member of the industry shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimidating their customers. Failure to prosecute in due course
shall be evidence that any such threat is unwarranted or unjustified.
Rule 6. Interferenxce with Another'^s Contracts. — No member of
the industry shall attempt to induce the breach of an existing con-
tract between a competitor and his employee or customer or source
of supply; nor shall any such member interfere with or obstruct
the performance of such contractual duties or services.
Rule 7. Additional Trade Practices. — The Code Authority shall
submit to the National Association of Organ Builders within thirty
(30) days after the effective date of this Code its recommendations
for additional trade practices, and such trade practices as are ap-
proved by the Association when approved by the Code Authority and
the Administrator shall become a part of this Code and shall have
the same form and effect as any other provisions of this Code.
Article VIII — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the Act, from time to time to
cancel or modify any order, approval, license, rule, or regulation
issued under said Act.
2. This Code, except as to provisions required by the Act, maj be
modified or amended on the basis of experience or changes in cir-
cumstances, such modifications or amendments to be based upon
application to the Administrator and such notice and hearing as he
shall specify, and to become effective on approval of the Adminis-
trator, unless otherwise provided.
212
Akttcle IX — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
Article X — Effective Date
This Code shall become effective on the eleventh (11th) day after
its approval by the Administrator.
Approved Code No. 210.
Registry No. 1644-02.
o
Approved Code No. 211
CODE OF FAIR COMPETITION
FOR THE
ROBE AND ALLIED PRODUCTS INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
ROBE AND ALLIED PRODUCTS INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Robe and Allied Products Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects with
the pertinent provisions and will promote the policy and purposes
of said Title of said Act; and do hereby order that said Code of
Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administratoi' for Industrial Recovery,
Approval Recommended:
A. D, Whiteside,
Division Administrator.
Washington, D.C, January 16, 193 J^.
(213)
29281'' 296-111 34
The President,
The White House.
Sir: This is a report of the Hearing on the Code of Fair Compe-
tition for the Robe and Allied Products Industry, conducted in
Washington on August 17, 1933, in accordance with the provisions
of the National Industrial Recovery Act.
PROVISIONS FOR HOURS AND WAGES
This Code limits the hours of labor for all employees, except
watchmen, outside salesmen, maintenance men, repair shop crews,
snd persons employed in a supervisory capacity earning not less than
thirty-five dollars per week, to forty hours per week. Provision is
made that in the case of office employees and shipping crews the
employees shall not be held rigidly to forty hours per week; during
sixteen weeks of the year they may be employed for forty-eight
hours, provided that during an entire calendar year the average
number of hours worked by such employees shall not be more than
forty hours per week. The industry is limited strictly to one shift.
The minimum wage provided is thirteen dollars per week for all
employees except apprentices who shall earn at least seventy-five per-
cent of the minimum wage and persons physically handicapped.
The employment of both types of workers is subject to strict
regulation.
ECONOMIC EFFECT OF THE CODE
So far as may be determined by the meager statistics available for
this industry, there is at present, if we discount the current slump,
little or no unemployment. Probably "because of the vogue during
recent years for lounging garments the number of workers increased
from 6,918 in 1929 to 10,670 in 1931, and it is probable that the
number of workers now employed is greater than the number em-
ployed in 1931. According to the estimate of the Planning and
Research Division the forty-hour week will require a twenty percent
increase in employment to maintain production.
Practically no information regarding earnings is available, and in
consequence no estimate may be made of the effect of the thirteen-
dollar minimum on present earnings. This minimum wage will
afford some measure of protection for the lower grades of employees
and, in certain portions of the industry, bring about perhaps a ma-
terial increase in pay rolls. The most significant paj'^-roll increase,
however, will be attributable to the reduction in hours rather than
to any increase in wages which this Code may necessitate.
(214)
215
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this mater;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that the said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate small
enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reason the Code has been approved.
Respectfully,
Hugh S. Johnson,
A dviinistratOT.
January 16, 1934.
CODE OF FAIR COMPETITION
FOR THE
ROBE AND ALLIED PRODUCTS INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Code of
Fair Competition for the Robe and Allied Products Industry, and
shall be the standard of fair competition for such industry and shall
be binding upon every member thereof.
Article II — Definitions
1. The term " industry " as used herein includes the manufacture
of bath, lounging, and beach robes, dressing gowns, lounge suits and
house coats and such other articles as may from time to time be
included under the provisions of this Code by the President after
such notice and hearing as he may prescribe.
2. The term " employee " as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his serv-
ices, irrespective of the nature or method of pajanent of such com-
pensation.
3. The term " employer " as used herein includes anyone by
whom such employee is comi:)ensated or employed.
4. The term " member of the industry " includes anyone engaged
in the industry, either as manufacturer, submanufacturer, or con-
tractor.
5. The terms " President ", "Act ", and "Administrator " as used
herein shall mean, respectively, the President of the United States,
the National Industrial Recovery Act, and the Administrator of Title
I of said Act.
Article III — Hours
1. Except as hereinafter provided no employee shall be permitted
to work in excess of forty (40) hours in any one week nor more
than eight (8) hours in any twenty-four (24) hour period.
2. No person emi3lo3'ed in clerical or office work, or in shipping
departments, or stock rooms, unless he is employed in a managerial,
superivisory, or executive capacity and earns not less than thirty-five
dollars ($35.00) per week, shall be permitted to work in excess
of forty (40) hours per week, nor more than eight (8) hours in
any twenty-four (24) hour period, except that such employees may
be permitted to work forty-eight (48) hours per week during a
maximum of sixteen weeks in any calendar year, provided that in
(21G)
217
any calendar year the total number of hours worked by any such
employee shall not exceed an average of forty (40) hours per week.
3. No watchman shall be permitted to work in excess oi fifty-six
(5<3) hours in any one week,
4. The provisions of this article shall not apply to outside sales-
men or to maintenance men or repair shop crews.
5. No member of the industry shall operate any machine employed
in the industry on a schedule of more than one shift of forty (40)
hours in any one week, except that for a limited time or times due
to an emergency arising through accident or similar cause, the Code
Authority may, upon the express approval of the Administrator,
and upon such conditions as he may prescribe, authorize the opera-
tion of machines on a schedule of more than one shift of forty (40)
hours per week.
6. No employee, except such employees as are enumerated in Sec-
tions 2, 3. and 4 of this Article, shall be permitted to work more
than five (5) days in any seven (7) day period.
7. No member of the industry shall knowingly engage any em-
ployee for any time which when totaled with that already per-
formed with another member or members of the industry exceeds
the maximum permitted herein.
Article IV — ^Wages
1. Except as hereinafter provided, no employee shall be paid at
less than at the rate of thirteen ($13.00) dollars per week of forty
(40) hours, or 32i/^ cents per hour.
2. This Article establishes a minimum rate of pay which shall ap-
ply, irrespective of whether an employee is actually compensated on
a time-rate, piecework, or other basis.
8. Subject to review by the Code Authority and by the Administra-
tor, the weekly compensation for employees now in excess of mini-
mum wages herein provided shall not be reduced, notwithstanding
that the hours of work in any such employment may be hereby re-
duced to forty (40) hours per week and piece rates shall be so ad-
justed that the earnings at said piece rates shall at least be equivalent
to those obtaining under the longer hours heretofore prevailing.
4. Persons learning an occupation shall be paid not less than
seventy-five (75%) percent of the minimum wage which prevails in
such occupation, provided that the number of such learners shall not
exceed five (5%) percent of the manufacturing employees of any one
employer and that learners shall not be employed as such for a period
in excess of six (6) weeks, irrespective of whether they are employed
by one or more employers. If the operation at which any learner is
engaged has a piecework rate and the amount earned at such rate
bj' such learner is more than seventy-five (75% ) percent of the mini-
mum wage which prevails in such occupation, such learner shall be
paid on a piece-rate basis.
5. A person whose earning capacity is limited because of age
or phj-sical or mental handicap may be employed on light work at
a wage below the minimum established by this Code if the employer
218
obtains from the Code Authority a certificate authorizing his em-
ployment at such wages and for such hours as shall be stated in
the certificate. The Code Authority shall be guided by the instruc-
tions of the United States Department of Labor in issuing certifi-
cates to such persons, and shall file with the Administrator a record
of all such certificates issued and such other information as the
Administrator may require.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the industry.
2. Employees shall have the right to organize and bargain col-
lectively, 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.
3. 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 his own
choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
5. No employer shall reclassify employees or duties of occupations
performed for the purpose of defeating the provisions of the Act
or of this Code.
6. All members of the industry shall provide for the safety and
health of their employees. Standards of safety and health shall be
submitted by the Code Authority to the Administrator within six
(6) months after the effective date of this Code.
7. No provision in this Code shall supersede any law within any
State which imposes more stringent requirements on employers as
to age of employees, wages, hours of work, or as to safety, health,
or sanitary regulations, or insurance, or fire protection, or general
working conditions, than are imposed by this Code.
8. All members of the industry shall post complete copies of
Article III, IV, and V of this Code in conspicuous places accessible
to employees.
9. Home work is strictly prohibited.
10. No provision in this Article shall modify established practices
or privileges as to vacation periods, leaves of absence, or temporary
absences from work heretofore granted to office employees.
11. Any member of the industry who at any time shall manufac-
ture any merchandise subject to the provisions of this Code shall be
bound by all the provisions of this Code as to all employees engaged
in whole or part of such manufacture. In case any employee shall
be engaged partly in such manufacture and partly in manufuacture
of goods of another character, this Code shall apply to each portion
of such employee's time as is applied to the manufacture of articles
subject to the provisions of this Code.
219
12. All manufacturers or jobbers who cause their merchandise to
be made by contractors shall adhere to the payment of rates for such
production in an amount sufficient to enable the contractor to pay his
employees the wages provided in this Code and in addition a reason-
able payment to the contractor to cover overhead.
Article VI — AoMixiSTitATioN
1. A Code Authority is hereby constituted to cooperate with the
Administrator in the administration of this Code.
2. Said Code Authority shall consist of not more than twelve (12)
members, to be selected in the manner hereinafter set forth :
(a) Seven (7) members shall be appointed by the Robe Industry
Association of America, Inc., subject to the approval of the Board
of Directors of said Association and to the approval of the Adminis-
trator.
(b) Two (2) members shall be elected by the contractors of this
industry, subject to the approval of the Administrator. Each such
member shall be a recognized and bona fide contractor and. shall be
elected by a majority vote of all contractors in the industry. The
Administrator shall supervise said election.
(c) In addition to the foregoing, the Administrator may appoint
not more than three (3) additional members to represent the Admin-
istrator or such other interests or groups as may be determined upon.
Should the Administrator appoint a member, or members, to repre-
sent the Administrator, such member, or members, shall serve with-
out expense to the industry.
3. Each trade or industrial association directly or indirectly jDar-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association, by-
laws, regulations, and any amendments when made thereto, together
with such other information as to membei^hip, organization, and
activities as the Administra.i;or may deem necessary to effectuate the
purposes of the Act
4. In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with
the provisions of the Act, the Administrator may provide such
hearings as he may deem proper ; and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
5. Only members of the industry assenting to this Code shall be
entitled to share the benefits of the activities of the Code Authority
as hereinafter set forth.
6. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority. Nor shall any member of the Code Authority
be liable to anj^one for any action or omission to act under the Code,
except for his willful misfeasance or nonfeasance.
220
7. The Code Authority shall have the following powers and duties
to the extent permitted by the Act, and subject to the right of the
Administrator on review to disapprove any action taken by the Code
Authority.
(a) To adopt a constitution, bylaws, and rules and regulations for
its procedure and for the administration and enforcement of this
Code, and to submit the same to the Administrator for his approval,
together with true copies of any amendments or additions when made
thereto, minutes of meetings when held, and such other informa-
tion as to its activities as the Administrator may require.
(b) To insure the execution of the provisions of this Code and to
provide for the compliance of the industry with the provisions of
the act.
(c) To create such individual agencies as may be deemed neces-
sary or desirable to assist in the administration of this Code.
(d) To obtain through a confidential agency from the members
of the industry reports, statistics, and other information for the use
of the Code Authority and the Administrator in the administration
and enforcement of this Code, and for the information of the Presi-
dent, and to give assistance to members of the industry in improving
methods, or otherwise. Members of the industry shall furnish to
the Code Authority such duly certified reports as may be required
as aforesaid.
(e) To set up, with the approval of the Administrator, a uniform
cost accounting system for each division or subdivision of the indus-
try. Any member of the industry shall have the privilege of contin-
uing any cost system now in use or of instituting a new cost system
suitable and adapted to his particular needs, provided that the selling
price arrived at by the use of any such system shall not be less than
the cost of that particular article which would be arrived at by the
use of the uniform cost system recommended by the Code Authority,
and approved by the Administrator.
(f ) To receive complaints of violations of this Code, make investi-
gations thereof, provide hearings thereon and adjust such complaints,
and bring to the attention of the proper authorities for prosecution,
recommendations and information relative to unadjusted violations.
(g) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein and to pay such trade associations and agencies the cost
thereof, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(h) To coordinate the administration of this Code with such other
Codes, if any, as may be related to the industry, or any subdivision
thereof, and to delegate to any other administrative authority, with
the approval of the Administrator, such powers as will promote joint
and harmonious action upon matters of common interest.
(i) To secure an equitable and proportionate payment of the ex-
penses of maintaining the Code Authority and its activities from
those members of the mdustry accepting the benefits of the activities
of the Code Authority or otherwise assenting to this Code.
221
(j) To establish or designate an agency on planning and fair
practice which shall cooperate with the Code Authority in develop-
ing fair trade practices and industrial planning, including the regu-
larization and stabilization of employment for the industry.
(k) To initiate, consider, and make recommendations for the mod-
ification or amendment of this Code.
(1) To assist in the adjustment of disputes between members of
the industry.
(m) To study the subject of manufacturer-contractor relations and
to make from time to time to the Administrator such recommendation
thereon as will contribute to the stability of manufacturer-contractor
relations.
8. To assist in the administration and enforcement of this Code,
the Administrator may direct that the Code Authority establish a
JOINT INDUSTRIAL RELATIONS BOARD consisting of an
equal number of representatives of employers and employees and an
impartial chairman elected by the members of the Board, to investi-
gate all matters in the Code relating to hours, -wages and general
labor provisions and to report their findings and recommendations
to the Code Authority. The designated employee representatives
shall be truly representative of the employees in this industry and
shall be selected by such employees.
9. In addition to the information required to be submitted to the
Code Authority as set forth in this Article, there shall be furnished
to government agencies such statistical information as the Admin-
istrator may deem necessary for the purposes recited in Section 3
(a) of the National Industrial Recovery Act.
10. An appeal from any action by the Code Authority affecting
the rights of any employer or employee in the industry may bo
taken to the Administrator.
Article VII — N.R.A. Label
1. All merchandise manufactured subject to the provisions of
this Code shall bear an N.R.A. label to S3mibolize to purchasers of said
merchandise the conditions under which it has been manufactured.
2. Lender the powers vested in the Administrator by Executive
Order of October 14, 1933, and under grant of the necessary authority
by him, the Code Authority shall have the exclusive right in this
industry to issue and sell said labels to the members thereof.
3. Each label shall bear a registration number especially assigned
to each member of the industry by the Code Authority, and shall
remain attached to all such merchandise when sold to the retail dis-
tributor.
4. Any and all members of the industry may apply to the Code
Authority for a permit to purchase and use such N.R.A. label, which
permit shall be granted to them, but only if and so long as they
comply with this Code.
5. Subject to the approval of the Administrator, the Code Au-
thority shall establish rules and regulations and appropriate
machinery for the issuance and sale of labels and the inspection,
examination, and supervision of the practices of members of the
industry using such labels for the purposes of ascertaining the right
222
of such members of the industry to the continued use of said labels ;
of protecting purchasers in relying on said labels; and of insuring
to each individual member of the industry that the symbolism of said
label will be maintained by virtue of compliance with the provisions
of this Code by all other members of the industry using said label.
6. The charge made for such labels by the Code Authority shall
at all times be subject to supervision and orders of the Administrator.
Article VIII — Trade Practices
1. The maximum terms of discounts on sales made by members of
the industry after January 29, 1934, shall be six percent (6%) ten
(10) days, E.O.M. on merchandise made for men and boys, and eight
percent (8%) ten days E.O.M. on merchandise made for women,
girls, and infants, anticipation to be permitted at the rate of six
percent (6%) per annum. For this purpose, any shipment made
on or after the twenty-fifth (25th) day of the month may be con-
sidered made as of the first day of the following month. There
shall be no post dating except that as to any merchandise sold for
Fall consumption and shipped by a member during the months of
July or August, dating as of the following Septemoer first, but no
later, may be granted.
2. Members of the industry shall sell all merchandise f.o.b. regular
point of shipment, except that merchandise may be sold delivery free
within a radius of fifty (50) miles of any city, town, or village from
which shipment is regularly made.
In any instance where a member of the industry ships from a
warehouse located in a city, town, or village other tnan his regular
point of shipment, such merchandise shall be sold upon either one of
the following alternative bases :
(a) At a discount lower than otherwise ordinarily charged by
an amount sufficient to repay to the member the transportation '
charges on such merchandise between said regular point of ship-
ment and said warehouse. If a lowering of discount shall be in-
sufficient to wholly repay said transportation charges to the mem-
ber, any balance thereof remaining unpaid shall be charged to the
customer.
(b) At the regular discount but at a price higher than ordinarily
charged by an amount sufficient to repay to the member said trans-
portation charges between said points.
3. No gratuities to purchasers or prospective purchasers, or their
agents, of any nature whatsoever, shall be offered or paid by any
member of the industry directly or indirectly; nor shall any pur- ,
chasing, selling, or brokerage commission or compensation or gra-
tuity, of any nature whatsoever, be offered or paid by any member
of the industry, directly or indirectly, to any person, except a person
regularly employed on the sales staff of such member.
4. No member of the industry shall, directly or indirectly, enter
into any agreement, express or implied, to pay any rebate to anyone.
Commencing as of February 1st, 1934, no member shall, directly or
indirectly, pay any rebate to anyone, ii-respective of the date of any
agreement to pay such rebate.
223
6. No member of the industry shall ship merchandise on consign-
ment or memorandum.
6. Merchandise covered by the provisions of this Code sold and
delivered by members of the industry in substantial compliance with
an order or contract shall not be accepted by such members for
return. No member of the industry shall sell any merchandise on
approval or with the privilege to return.
7. No member of the industry shall knowingly withhold from or
insert in any quotation or invoice any statement that makes it
inaccurate in any material particular.
8. No member of the industry shall pay directly or indirectly any
part of the advertising expenses of any purchaser, prospective pur-
chaser, or their agents; nor shall any member of the industry di-
rectly or indirectly furnish either partly or wholly gratis to any
purchaser, prospective purchaser, or their agents any literature or
printed matter for redistribution or any premiums (whether or not
in the form of merchandise), excepting window cards, monograms,
jobbers' selling kits, newspaper cuts and mats.
9. No member of the industry shall publish advertising (whether
printed, radio, display, or of any other nature) which is misleading
or inaccurate in any material particular, nor shall any member in
any way misrepresent any merchandise (including but without limi-
tation its use, trade mark, grade, quality, quantity, origin, size, sub-
stance, character, nature, finish, material, content, or preparation) or
credit terms, values, policies, services, or the nature or form of the
business conducted.
10. No member of the industry shall brand or mark or pack any
merchandise 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 merchandise.
11. No member of the industry shall publish advertising which
refers inaccurately in any material particular to any competitors or
their merchandise, prices, values, credit terms, policies, or services.
12. No member of the industry shall publish or circulate un-
justified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating their
customers.
13. No member of the industry shall give, permit to be given, or
directly offer to give anything of value for the purpose of influencing
or rewarding the action of any employee, agent, or representative
of another in relation to the business of the emploj^er of such em-
ployee, the principal of such agent or the represented party, without
the knowledge of such employer, principal, or party.
14. No member of the industry shall sell any merchandise subject
to the provisions of this Code at a price below his own individual cost
as computed by the uniform cost system provided in Article VI,
Section 7 (e) of this Code; provided, however, that a member of
the industry may sell at a price below his own individual cost in
order to meet the competition of another member who is not himself
selling at a price below his own individual cost. This rule shall not
apply to bona fide seasonal clearance sales or to the sale of imperfect
224
or actually damaged or distressed merchandise; subject to the ap-
proval of the Administrator, the Code Authority may establish
regulations to govern such sales.
Article IX — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said
Act and specifically, but without limitation, to the right of the Presi-
dent to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Administrator, and
such notice and hearing as he shall specify, and to become effective
on approval by the Administrator.
Article X — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and serv-
ices increase as rapidly as wages, it is recognized that for the present
price increases should be delayed, but when made such increases
should, so far as possible, be limited to actual additional increases
in the seller's costs.
Article XII — Effective Date
This Code shall become effective on the second Monday after
approval.
Approved Code No. 211.
Registry No. 204-1-02.
o
Approved Code No. 212
CODE OF FAIR COMPETITION
FOR THE
DRAPERY AND UPHOLSTERY TRIMMING
INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
DRAPERY AND UPHOLSTERY TRIMMING
INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Drapery and Upholstery Trimming Indus-
try, and hearings having been duly held thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543- A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will joromote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Adininistrator for Industrial Recovery.
Approval recommended :
A. D. Whiteside,
Division Administrator.
Washington, D.C,
Janwiry 16, 1934-
29275° 296-113 34 (225)
The President,
The White House.
Sir : This is a report on the hearing on the Code of Fair Compe-
tition for the Drapery and Upholstery Trimming Industry, held in
the Fairfax Room of the New Willard Hotel, on November 10, 1933.
The Code which is attached was presented by duly qualified and
authorized representatives of the Industry, complying with statutory
requirements said to represent over 70% by volume of production
and 14 out of 50 concerns in the Industry.
In accordance with customary procedure every person who had
filed a request for an appearance was freely heard in public, and all.
statutory and regulatory requirements were complied with.
THE INDUSTRY
The Industry comprises 50 concerns having an investment in 1933
of $4,000,000. In 1929 the industry provided employment for 5,000
full-time workers. This figure has declined to 2,500 employees in
1933. The aggregate annual sales have fallen from $20,000,000 in
1928 to $7,000,000 in 1932.
PROVISIONS OF THE CODE
The Code provides for a minimum wage of $13.00 per week.
Hours are limited to 40 hours for any one week and 8 hours in any
24-hour period with the following exceptions : Watchmen are per-
mitted to work 56 hours per week; employees in a supervisory
capacity receiving $35.00 per week or more, and outside salesmen
are not limited as to hours; employees on emergency repair work
are excepted but are to be paid time and one third for hours worked
in excess of 40 hours per week; office employees are permitted to
work 48 hours in any one week provided they do not work more
than 40 hours per week averaged over a period of three months;
maintenance employees are permitted to work 44 hours per week.
Hours of work have been reduced by 15%, and employment is
thereby increased in the same proportion.
Operations are limited to two shifts of 40 hours each per week.
All homework is abolished within one month after the effective date.
Existing differentials between wage rates above the minimum are
maintained and no employee is to receive less compensation for the
40-hour week than was received for the longer work week prevailing
prior to the approval of this Code. Average weekly earnings will
be increased approximately 7% by the application of this Code.
Representation on the Code Authority is provided for all members
of the Industry. There are no highly restrictive provisions in the
(226)
227
Code itself. Provision is made for prohibiting sale of merchandise
below cost when and if a uniform system of cost accounting recom-
mended by the Code Authority is approved by the Administrator.
There was some question as to whether or not this Industry is
entitled to operate under a separate code, since a large part of the
products of the Industry are manufactured on weaving and braiding
machines. These operations are included within the definition of
the Code for the Narrow Fabrics Industry. At the request of the
members of the Industry submitting this Code it was decided to
permit them to operate under this separate code with respect to oper-
ations performed on weaving and braiding machines until such time
as the Narrow Fabrics Code is approved by the President. The Code
will continue in effect for a period of only six months, but this time
may be further extended or shortened upon application of the Code
Authority approved by the Administrator.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter ;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervisions, by elimi-
nating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
228
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, this Code has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
Washington, D.C,
January 16^ 193Jf.
CODE OF FAIR COMPETITION
FOR THE
DRAPERY AND UPHOLSTERY TRIMMING
INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial Re-
covery Act the following provisions are established as a Code of
Fair Coni])etition for the Drapery and Upholstery Trimming Indus-
try, and shall be the standard of Fair Competition for such Industry
and shall be binding upon every member thereof.
Article II — Definitions
1. The term " Industry " as used herein includes the manufacture
and original sale of trimmings for draperies, furniture, curtains,
caskets, window and lamp shades, rug fringe, awning fringe, silk
cords, tassels, bath robe girdles, gimps ,and passementerie trimmings
all of a decorative nature and curtains manufactured on knitting
machines.
2. The term " member of the Industry " includes anyone engaged
in the Industry as above defined, either as an employer or on his
own behalf, and includes anyone who furnishes or contracts for
labor as a part of a larger or further operation in the process
of manufacturing the products of the Industry.
3. The term " employee " as used herein includes anyone engaged
in the Industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
4. The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed.
5. The term " productive machinery " as used herein includes all
machines and hand work equipment used in the manufacturing
processes of the Industry.
6. The terms " President ", "Act ", and "Administrator " as used
herein shall' mean, respectively, the President of the United States,
the National Industrial Recovery Act, and the Administrator for
Industrial Recovery.
Article III — Hours
1. No office employee shall work or be permitted to work in exce«;3
of forty (40) hours per week, averaged over a period of three (3)
(229)
230
months or forty-eight (48) hours in any one (1) week, or eight (8)
hours in any twenty-four (24) hour period.
2. No other employee shall work or be permitted to work in excess
of forty (40) hours in any one (1) week or eight (8) hours in any
twenty-four (24) hour period, excepting that:
(a) Repair shop crews, engineers, electricians, and firemen shall
be permitted to work 10% in excess of the hours specified above.
(b) Executives and emploj^ees in a managerial or supervisory
capacity, who receive $35.00 or more per week, and outside salesmen
are exce^Dted from the maximum hour provisions of this Article.
(c) Watchmen are permitted to work not more than 56 hours per
week.
3. The maximum hours fixed in the foregoing Section shall not
apply to any employee on emergency maintenance or emergency re-
pair work involving breakdowns or protection of life or property,
but in any such special case at least one and one third (1%) times his
normal rate shall be paid for hours worked in excess of the maximum
hours therein provided.
At the end of each calendar month every employer shall report
to the Code Authority hereinafter provided for, in such detail as may
be required, the number of man-hours worked in that month in
cases of emergency and the ratio which said emergency man-hours
bear to the total number of man-hours of labor during the month.
4. Members of the Industry shall not operate productive machin-
ery for more than two shifts of forty (40) hours each per week.
5. No employee shall work or be permitted to work for a total
number of hours in excess of the number of hours prescribed for
each week and day, whether employed by one or more employers.
Article IV — Wages
1. The minimum wage that shall be paid by members of the Indus-
try to any employee shall be at the rate of 321/^ cents per hour.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
3. The weekly compensation for employment now in excess of the
minimum wages herein provided shall not be reduced (notwithstand-
ing that the hours worked in such employment may be hereby re-
duced). Wage differentials existing prior to June 16, 1933, shall
be maintained for all employees receiving $35 per week or less.
4. Ferhale employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in this Industry. In any State, any employer shall be deemed to
have complied with this provision, if he shall have on file a certificate
or permit duly issued by the Authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
231
2. Employees shall have the right to organize and bargain col-
lectively 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.
3. 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
his own choosing,
4. Employere shall comply with the maximum hours of labor,
minimum rates of pa}'^, and other conditions of employment, ap-
proved or prescribed by the President.
5. No provision in this Code shall supersede any State or Federal
law imposing more stringent requirements on emploj^ers, regulating
the age of employees, wages, hours of work, or health, fire, or general
working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees or use any other subterfuge so as to
defeat the purposes of the Act.
7. Each employer shall post in conspicuous places full copies of
this Code.
8. Home work of any kind shall be permitted only for a period
of one month after the effective date of this Code.
9. Until adoption of further provisions of this Code that may
prove necessary in order to prevent any improper speeding up of
the work (stretch-outs) no manufacturing employee in the Industry
shall be required to do any work in excess of the practice as to the
class of work of such employee prevailing on July 1, 1933, or prior
to the Share-The-Work movement unless such increase is submitted
to and approved by the Code Authority created by this Code, and
by the Administrator.
Article YI — Administration
1. To further effectuate the policies of the Act, a Code Authority
is hereby constituted to cooperate with the Administrator in the ad-
ministration of this Code.
(a) The Code Authority shall consist of 9 individuals or such
other number as may be approved from time to time by the Admin-
istrator, to be selected as hereinafter set forth. The Administrator,
in his discretion, may appoint not more than three (3) additional
members without vote to represent the Administrator or such groups
or interests as he may determine.
(b) Five members of the Code Authority shall be selected by the
Board of Directors of the Allied Drapery and Upholstei'y Trimming
Association, and 4 members may be selected by members of the In-
dustry, not members of this Association, by a fair method, approved
by the Administrator.
(c) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall: (1) Impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of associa-
tion, bylaws, regulations, and any amendments when made thereto.
232
together with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the i^urposes of the Act.
(d) In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Aclministrator may provide such hearings
as he may deem proper, and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
2. The Code Authority shall have the following duties and powers
to the extent permitted by this Act. The Administrator shall have
the right to review and veto any action taken by the Code Authority.
(a) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in this In-
dustry, as they may develop, which will tend to effectuate the opera-
tion of the provisions of this Code. Such recommendations, when
approved by the Administrator, shall have the same force and effect
as any provisions of this Code.
(b) The Code Authority shall cooperate with the Administrator
in making investigations as to the functioning and observance of
any provisions of this Code, at its own instance or on complaint by
any person, and report the same to the Administrator.
(c) Members of the Industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustaining
their reasonable share of the expense of its administration. The
reasonable share of the expenses of the administration shall be deter-
mined by the Code Authority, subject to approval by the Adminis-
trator, on the basis of volume of business and/or such other factors
as may be deemed equitable to be taken into consideration.
(d) Members of the Industry shall file with the Code Authority,
at such times and in such manner as may be prescribed, statistics
covering number of employees, wage rates, employee earnings, hours
of work, production, shipments, stocks, prices, and such other data
pertinent to the effectuation of the purposes of this Code as may be
required by the Administrator.
3. In addition to the information required to be submitted to
the Code Authority, there shall be furnished to government agencies
Buch statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
Article VII — Trade Practices
1. No member of the Industry shall sell or exchange any product
of the Industry below his own cost when and if same may be deter-
mined as herein provided, except to meet the competition of any
member of the Industry whose price is not less than his own cost.
When a uniform and standard system of cost accounting, prescribed
by the Code Authority, shall be approved by the Administrator,
every member of the Industry shall use a system of accounting which
conforms to the principles of and is at least as detailed as such
233
system. The Code Authority shall, subject to the approval of the
Adniiuistrator, determine the cost factors to be included in such
system.
2. The following unfair trade practices are prohibited :
(a) The giving, permitting to be given, or directly offering to give,
anything of value for the purpose of influencing or rewarding the
action of any employee, agent, or representative of another in rela-
tion to the business of the employer of such employee, the principal
of such agent, or the represented party, without the knowledge of
such employer, principal, or party. This provision shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used for commercial bribery as hereinabove defined.
(b) The secret payment or allowances of rebates, refunds, com-
missions, credits, or unearned discounts, whether in the form of
money or otherwise, or the secret extension to certain purchasers of
special services or privileges not extended to all purchasers on like
terms and conditions.
(c) The branding or marking of any product of the Industry in
any manner which tends to deceive or mislead purchasers, with
respect to the grade, quality, quantity, origin, size, material content,
or preparation of such product.
(d) Selling on more liberal terms than 2% 10 days E.O.M.
Article VIII — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial Re-
covery Act, from time to time, to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act,
and specifically but without limitation to the right of the President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
2. After due notice and hearing, this Code, except as to provisions
required by the Act, may be modified on the basis of experience or
changes in circumstances; such modifications shall be based on the
recommendation of the Code Authority or of any interested party
or group or on the Administrator's own initiative and shall become
effective on approval by the Administrator.
Article IX
When another Code shall be approved by the President covering
processes or operations in which this Industry or any part thereof
engages, the provisions of such Code shall supersede any provisions
of this Code covering such processes or operations.
Article X — Monopolies, Etc.
No provision in this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
234
Article XI — Effective Date and Termination
This Code shall become effective on the 10th day after date.
It shall continue in effect for a period of six (6) months after such
effective date. This time may be further extended or shortened upon
application of the Code Authority approved by the Administrator.
Approved Ck)de No. 212.
Registry No. 280-1-02.
o
Approved Code No. 218
CODE OF FAIR COMPETITION
FOR THE
WOOL TRADE
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
WOOL TRADE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Wool Trade, and hearings having been
duly held thereon and the annexed report on said Code, containing
findings with respect thereto, having been made and directed to the
President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industinal Recovery,
Approval recommended :
A. D. Whiteside,
Division Adniinistrator.
Washington, D.C,
January 16, 1934-
30227° 313-1 34 (235)
The President,
The White House.
Sir: This is the report on the Code of Fair Competition for the
Wool Trade submitted by the Boston Wool Trade Association. The
hearing was conducted in Washington, D.C., on October 23, 1933.
Every person who requested an appearance was freely heard in
accordance with statutory and regulatory requirements. The Code
was presented by duly qualified and authorized representatives of
the trade, rej^resenting approximately 73% of the volume of
business.
DESCRIPTION or INDUSTRY
This Code was originally submitted by the Boston Wool Trade
Association, a representative body of several years standing in the
trade. This Association, however, limited its membership to firms
having a place of business in Boston. Because of this restriction on
membership, a new association, the National Wool Trade Associa-
tion was formed which embraces an even higher percent of the trade
than did the former association.
The services performed by the Wool Trade are primarily those of
merchandising and do not include producing or manufacturing proc-
esses. The Wool Trade deals directly with the growers, furnishing
them at sheafing time with an immediate outlet for their product,
and thereafter assuming the financial responsibility of carrying the
wool until it passes into the manufacturer s hands. The Wool Trade
is concerned with handling, financing, grading, warehousing, and
gelling of this product from gi'ower to manufacturer. The business
is, by nature, seasonal. Its peak occurs at the time of the spring wool
clip when the heavy weights of wool from the West cause a high
peak of employment of temporary labor.
The Wool Trade is already identified with carrying out the pur-
poses of the Farm Credit Administration and is, in certain instances,
subject to regulation by that branch of the Government. Through
loans made to wool growers by farm relief and loan agencies, the
Farm Credit Administration has become directly or indirectly inter-
ested in a substantial proportion of the wool clip of the United
States. This wool is being handled on consignment by members of
the Wool Trade who have thereby been subjected to regulation not
only with respect to the consigned wool which they are handling for
the farm relief agencies but also with respect to the manner in which
they handle wool which they themselves own or hold on consignment
from others.
Although the Wool Trade, as such, conducts no actual manufac-
turing operations, it deals in wool in processed forms. Thus, it
deals in the byproducts of wool manufacturing, such as wool wastes
and noils, which constitute the raw stock used by certain woolen
manufacturers. It also deals in scoured and carbonized wool, gar-
netted stock and similar merchandise which are the direct products
of processes designed to prepare it for subsequent manufacturing
(236)
237
operations. Although these preparatory processes are not actually
conducted by the Wool Trade, they are frequently done for them on
commission by manufacturers, the purpose being to convert the com-
modity into merchantable form. The grading and sorting of wool,
processes which involve no machinery but prepare the wool for sale,
are functions of the Wool Trade as merchants.
The Wool Trade, as defined in this Code, does not include top mak-
ers who, although owning no machinery, buy wool, sort it and cause
it to be scoured and combed in proper blends by the commission
wool comber. As a group, at their request, they have been treated
in this Code as manufacturers rather than merchants.
LABOR PROVISIONS
The Industry proposes to pay a minimum wage of 37% cents per
hour. Hours of labor are limited to 40 hours per week, except for
watchmen, outside salesmen, and buyers and managerial workers re-
ceiving more than $35.00 per week. Clerical and office employees
may work an average of 40 hours per week during the six months,
beginning May 15, but not more than 48 hours in any one week. The
code provides that in order to prevent or relieve transportation con-
gestion during the peak of the season, employees engaged in this
activity may work in excess of the maximum hours and shall be paid
time and one third for overtime.
The Code provides also that employers of not more than five per-
sons located in towns of less than 2,500 population are not included
within the minimum wage and maximum hour provisions. This
is to accommodate those persons, such as farmers and small store
owners, mainly in the wool-growing sections of the West, who buy
and sell wool incidentally to other occupations during the shearing
season.
ADMINTSTRATION
The provisions of the Administration of this Code are capable of
providing the N.R.A. and the Wool Trade with sufficient data to
recommend any modifications or amendments that may be indicated
by experience. It is also provided that fair trade practices shall
be submitted within sixty days from the effective date, and that these
fair trade practices are to be mutually agreed upon by the members
of this trade and the National Association of Wool Manufacturers.
CONCLUSION
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
I find that —
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general ^Yelfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups by inducing and maintaining united action of labor and
238
management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is a trade association truly representative of the aforesaid
Trade; and that said association imposes no inequitable restrictions
on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, this Code of Fair Competition for the Wool
Trade has been approved.
Eespectfully,
Hugh S. Johnson,
A dmimis tra tor.
Jantjaey 16, 1934.
CODE OF FAIR COMPETITION
FOR THE
WOOL TRADE
Article I — Purposes
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Code of
Fair Competition for the Wool Trade, and shall be the standard of
fair competition for such trade and shall be binding upon every
member thereof.
Article II — Definitions
1. The term " wool trade " as used herein shall mean the business
of buying, selling, or dealing in any of the following commodities :
(a) wool, shorn or pulled; (b) new wool waste; (c) noils and all
other by-products of wool manufacturing; (d) the products of wool
resulting from preparatory processes, which include the products of
the processes of grading, sorting, dusting, picking, carding, garnet-
ting, carbonizing, and scouring ; it is provided, however, that manu-
facturers of wool textiles operating under another Code of Fair
Competition, who buy direct for their own purposes and not for re-
sale, shall be governed as to such share of their business as is in-
cluded within the above definition of wool trade by the provisions of
such other code and shall be excluded from all the provisions of this
Code except such provisions relating to fair trade practices as may
subsequently be mutually agreed upon by the National Wool Trade
Association and the National Association of Wool Manufacturers and
approved by the Administrator.
2, The term " wool " as used herein shall include wool and the
hair of the angora goat, cashmere goat, alpaca and like animals.
8. The term " employee " as used herein includes anyone engaged
in the trade in any capacity receiving compensation for his serv-
ices, irrespective of the nature or method of payment of such
compensation.
4. The term "emplo5'^er " as used herein includes anj^one by whom
any such employee is compensated or employed.
5. The term " member of the trade " as used herein includes any-
one engaged in the trade as above defined, either as an employer or
on his own behalf.
6. The terms " President ", "Act ", and "Administrator " as used
herein shall mean respectively the President of the United States,
(239)
240
Title I of the National Industrial Recovery Act, and the Admin-
istrator for Industrial Recovery.
7. Population for the purpose of this Code shall be determined
by reference to the 1930 Federal Census.
Article III — Exemption of Towns Under 2,500 Population
1. Employers who do not employ more than five (5) persons and
who are located in towns of less than 2,500 population (according to
the 1930 Federal Census) which are not in the immediate trade area
of a city of larger population shall not be included within the
provisions of Articles IV and V of this Code.
2. The " 5 persons " refer to any person working in the establish-
ment except a proprietor, provided such person works at least 24
hours per week.
3. A town of less than 2,500 population is deemed to be in the
immediate trade area of a larger city in either of the following
instances :
(a) If it is in the Metropolitan District of a city over 100,000
population as such Metropolitan Districts are defined in the Federal
Census of 1930, or
(b) If its boundaries touch the boundaries of a city or town with
a population over 2,500.
Article IV — Hours
1. No employee shall be permitted to work in excess of 40 hours in
any one week except watchmen, outside salesmen, and buyers, and em-
ployees engaged in a managerial or executive capacity who receive
more than $35 per week; provided, however, that clerical and office
employees may be permitted to work 40 hours per week averaged over
the six months, each year, beginning May 15, but in no event in excess
of 48 hours in any one week, and further provided that watchmen
shall not work more than 6 days per week.
2. The maximum hours fixed in the foregoing section shall not
apply to any employee engaged in emergency work necessary to
prevent or relieve transportation congestion, but in any such special
case at least one and one third times his normal rate shall be paid
for all hours in excess of the maximum prescribed herein. Emer-
gency hours worked shall be reported monthly to the Code Authority.
Article V — ^Wages
1. No employee shall be paid at less than the rate of 37% cents per
hour.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, pieoe-work, or
other basis.
3. Wage differentials existing prior to June 16, 1933, shall be main-
tained for all employees receiving more than the minimum herein
prescribed, notwithstanding that the hours worked may be hereby
reduced. All employers shall report to the Code Authority within
one month after the effective date of this code such readjustment of
pay schedules.
241
Article VI — General Labor Provisions
1. No person under 16 years of age shall be employed in the trade.
In any State an employer shall be deemed to have complied with
this provision if he shall have on file a certificate or permit duly
issued by the authority in such State empowered to issue employment
or age certificates or permits, showing that the employee is of the
required age.
2. Employees shall have the right to organize and bargain collec-
tively 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 concei-ted activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers regu-
lating the age of employees, wages, hours of work, or health, fire or
general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act.
7. Each employer shall post in conspicuous places full copies of
this code.
Article VII — Administration
1. To further effectuate the policies of the Act, a Code Authority
is hereby set up to cooperate with the Administrator in the adminis-
tration of this Code. Such Code Authority shall consist of not less
than 5 or more than 8 members, 5 of whom shall be representatives
of the trade elected by a fair method of selection to be approved by
the Administrator, and 3 of whom without vote may be appointed
by the Administrator to serve without expense to the trade. Such
agency may present to the Administrator recommendations based on
conditions in the trade as they may develop which will tend to effec-
tuate the operation of the provisions of this Code and the policies of
the Act. Such recommendations, when approved by the Adminis-
trator, after such public hearing as he may deem necessary, shall have
the same force and effect as any other provisions of this Code.
2. Such Code Authority shall cooperate with the Administrator
in making investigations as to the functioning and observance of
any provisions of this Code, at its own instance or on complaint by
any person affected, and shall report the same to the Administrator.
3. For the purpose of supplying the Administrator with the requi-
site data as to the observance and effectiveness of this Code, and
as to whether the Wool Trade is taking appropriate steps to enable
it to adjust its hours of labor and wages in accordance with the de-
242
clared policy of the Act, each employer shall furnish regular reports
as hereinafter provided. The Code Authority is hereby constituted
the agency to provide for the collection and receipt of such reports
and for the forwarding of the compiled results of such reports to
the Administrator, and to provide for the holding of such reports
themselves in confidence. Such reports shall be in such form, shall
be furnished at such intervals, and shall contain such information
relative to the purposes of this Code as shall be prescribed by the
Administrator or by the Code Authority with the approval of the
Administrator; including particularly information with respect to
employment, hours, wages, and wage-rates, and with respect to stocks
on hand of wool and of the other commodities specified in Article II,
Section 1, hereof.
4. In addition to the information required to be submitted to the
Code Authority, there shall be furnished to Government agencies
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act.
5. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall :
(1) Impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessaiy to effectuate
the purposes of the Act.
Article VIH — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the Act, from time to time to
cancel or modify any order, approval, license, rule, or regulation
issued under Title I of said Act and specifically, but without limita-
tion, to the right of the President to cancel or modify his approval
of this Code or any conditions imposed by him upon his approval
thereof.
2. Such of the provisions of this Code as are not required to be
included therein by the Act may, with the approval of the Adminis-
trator, be modified or eliminated in such manner as may be indicated
by the needs of the public, by changes in circumstances, or by ex-
perience ; all the provisions of this Code, unless so modified or elimi-
nated, shall remain in effect until the expiration date of Title T of
the Act.
Article IX — Monopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X — Fair Trade Practices
Within 60 days after the effective date of this Code, the Code Au-
thority, after consultation with the trade, shall submit to the Ad-
243
ministrator recommendations for the adoption of fair trade prac-
tices, and such recommendations shall, upon the approval by the
Administrator, become effective as part of this Code.
Article XI — Effective Date
This Code shall become effective on the second Monday after date.
Approved Code No. 213.
Registry No. 282-01.
O
Approved Code No. 214
CODE OF FAIR COMPETITION
FOR THE
SLIT FABRIC MANUFACTURING INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
SLIT FABRIC MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Slit Fabric Manufacturing Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No, 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industrial Recoveiy,
Approval recommended :
A. D. Whiteside,
Division Administrator.
Washington, D.C, January 16^ 1934-.
32700" 313-74 34 (245)
The President,
The White House.
Sir: The public hearing on the Code of Fair Competition for
the Slit Fabric Manufacturing Industry, as proposed by the Na-
tional Association of Slit Fabric Manufacturers, Inc., was con-
ducted in Room 2062, Department of Commerce Building, Wash-
ington, D.C., on October 30, 1933. Every person who requested an
appearance was fairly heard in accordance with regulations of the
National Recovery Administration. The Code has the approval
of the Labor, Industrial and Consumers' Advisory Boards of the
National Recovery Administration and of the Legal Division. The
Chairman of the Code Committee of the submitting Association upon
authorization of the Committee has also given his approval to the
final draft of the Code on behalf of the Industry.
DESCRIPTION OF THE INDUSTRY
The industry as defined in the Code includes the manufacture and
sale by the manufacturer or jobber of slit fabrics for bindings,
pipings, trouser curtains, waist-band canvas and trimmings for use
of and sale to the cutting-up manufacturing trades. The Slit Fabric
Manufacturing Industry is a " supply " industiy. Its customers
are the cutting-up manufacturing trades composed mainly of manu-
facturers of wearing apparel. The definition limits the application
of the Code to the Slit Fabric Manufacturers whose product is used
by and sold to the cutting-up manufacturing trades. This excludes
from the provisions of this Code those few garment manufacturing
firms which produce slit fabrics not for sale to others but for con-
sumption by themselves as part of their finished garment. It also
excludes those slit fabric manufacturers known as a box trade whose
problems are different and whose product is destined solely for sale
" over the counter " at retail. Likewise excluded by this limitation
in the definition are manufacturers of slit fabrics used by and sold
to the shoe, electrical equipment and rubber tire industries.
The submitting Association has offered the following general sta-
tistics which are descriptive of the industry.
Total Firms in the ludustry 100
Aggregate Ammul Sales, 1932 $8,000,000
Aggregate Invested Capital, 1933 $3, 700, OOO
Employees 1, 700
RESUME or THE CODE
Article I states the purpose of the Code.
Article II sets forth certain definitions.
Article III contains the maximum hour provisions of the Code,
prohibits the employment of workers in homes and limits the opera-
tion of each plant in the industry to one shift per day.
(246)
1
247
Article IV establishes the minimum wage for all employees
employed in the industry.
Article V contains the general labor provisions including a provi-
sion prohibiting child labor as well as the mandatory labor provisions
required by the Act.
Article VI sets up a Code Authority and defines its powers and
duties.
Article VII provides for the elimination of certain unfair trade
practices.
Article VIII provides the methods of modifying the Code.
Article IX contains the mandatory provisions referring to mo-
nopolies and discrimination against small enterprises.
Article X states the effective date of the Code.
LABOR provisions OF THE CODE — POSSIBLE REEMPLOYMENT
Being primarily a service industry and using as it does generally
cotton fabrics, the industry employs workers with no high degree of
skill and is close to the cotton textile industry in its general position.
It seems reasonable therefore that its wage and hour provisions
should be largely determined by those applying in the cotton textile
and other similar industries.
It is noteworthy that the number of employees is reported to be
about the same in 1933 as in 1928 and 1930. From June to October
1933 there was an increase of 110 employees. This represents in part
the effect of the application of the President's Reemployment Agree-
ment. It is estimated by the Industry that from 30% to 40% of all
employees received wage increases as a result of the application of
the President's Reemplojanent Agreement and that most of these
were female emploj^ees. The minimum w^ages paid in the industry
prior to the President's Reemployment Program are stated to have
been $8, $9, and $10 per week. Proponents of the Code assert that
the present pay roll represents an increase from 50% to 200% over
those paid before the adoption of the President's Reemploj-ment
Agreement.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign com-
merce which tend to diminish tlie amount thereof and will provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervisions, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
248
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Industry ;
and that said group imposes no inequitable restrictions on admission
to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
email enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons, this Code has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
January 16, 1934.
CODE OF FAIR COMPETITION
FOR THE
SLIT FABRIC MANUFACTURING INDUSTRY
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Slit Fabric Manufacturing Industry and
shall be the standard of fair competition for this industry and shall
be binding ujDon every member thereof.
Article II — Definitions
1. The term " industry " as used herein includes the manufacture
and sale by the manufacturer or jobber of slit fabrics for bindings,
pipings, trouser curtains, waistband canvass and trimmings for use
of and sale to the cutting-up manufacturing trades. The articles
enumerated herein when made in clothing factories and used in con-
nection with the garments manufactured in such factories are
exempted from the provisions of this Code.
2. The term " employee " as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
3. The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed.
4. The term " member of the industry " includes anyone engaged
in the industry as above defined, either as an employer or on his
own behalf.
5. The terms "Act " and "Administrator " as used herein shall
mean, respectively, Title I of the National Industrial Recovery Act
and the Administrator for Industrial Recovery.
6. The term " Southern Section of the United States " as used
herein shall include the States of Alabama, Florida, Georgia, Ken-
tucky, Louisiana, Mississippi, North Carolina, South Carolina,
Tennessee, Texas, and Virginia.
7. The term '" Northern Section of the United States " as used
herein shall include all the States in the United States not specifically
included within the Southern Section of the United States, and
the District of Columbia.
8. The term " jobber " as used herein includes all those for whom
and/or under whose directions or orders slit fabrics for bindings,
pipings, trouser curtains, waist-band canvas and trimmings are
manufactured in Avhole or in part by contractors and/or other man-
ufacturers, and who act as wholesale distributors thereof.
9. The term " manufacturer " as used herein includes all those who
manufacture slit fabrics as' defined in Section 1 of Article 11.
(249)
250
Article III — Hours or Laboh
1. Except as hereinafter provided no employee shall be jx'rmitted
to work in excess of forty (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period.
2. The provisions of this Article shall not apply to those persons
engaged in an executive, managerial, or supervisory capacity earn-
ing $35.00 per week or more, and who are not engaged in any way in
productive labor; nor to outside salesmen.
3. Chauffeurs, shipping clerks, and outside errand boys shall not be
permitted to work in excess of 44 hours in any one week.
4. The maximum number of hours of overtime which any employee
may work in any six (6) months' period shall be twenty-five (25)
hours, and in no event shall any employee be permitted to work more
than one (1) hour overtime per day, or more than five (5) hours
overtime per week. All overtime shall be paid for at not less than
the rate of time and one third.
5. No overtime in addition to that herein provided for shall be
permitted except upon the recommendation of the Code Authority
and the approval of the Administrator and under such conditions
and upon such terms as the Administrator shall prescribe.
6. No employer shall knowingly permit any employee to work
for any time which when totaled with that already performed with
another employer, or employers, in this industry exceeds the
maximum permitted herein.
7. No home work shall be pemiitted by members of the industry.
8. Not more than one (1) shift of employees shall be allowed
in any one (1) day. The Administrator, upon due showing and
after such notice and hearing as he may prescribe, may grant such
exceptions to this provision as he may deem necessary.
Article IV — Rates of Pay *
1. No employee shall be paid at less than the rate of thirteen
(13) dollars per week when employed in the Northern Section of
the United States, nor less than at the rate of twelve (12) dollars
per week when employed in the Southern Section of the United
States, except as hereinafter provided.
2. Apprentices may be paid not less than at the rate of eighty
percent (80%) of the minimum wage provided for herein for a
period not to exceed eight (8) weeks, provided that at no time shall
the total number of apprentices employed by any one employer exceed
eight percent (8%) of the total number of employees. HoAvever, any
employer shall be entitled to employ at least one apprentice.
3. This Article establishes a minimum rate of pay, regardless of
whether an emploj'ee is compensated on a time-rate, piecework, or
other basis.
4. Wages of those receiving more than the minimum shall be
equitably adjusted so as to preserve the differentials existing on
July 1, 1933. All adjustments of wage rates made in accordance
with this provision shall be reported to the Code Authority within
thirty (30) days of the eflfective date of this Code.
251
The Code Authority shall have the power to investigate and adjust
complaints arising under this provision; adjustments by the Code
Authority shall be subject to review by the Administrator.
5. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
6. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed at a wage below the
minimum established by this Code under the following conditions :
(a) That they shall be paid proportionately no less than the other
emploj'ees in the same factory receive for similar work, but in no
case shall their compensation amount to less than seventy percent
(70%) of the amount required by the minimum wage provisions of
this Code.
(b) That the employer shall at once prepare and transmit to the
Code Authority a list of such excepted persons stating name, class
of occupation, w^age rate, length of service, and reason for exception.
This list shall be revised up-to-date once each month and transmitted
to the Code Authority.
(c) The proportion of excepted persons to total employees at any
time shall not exceed the proportion of such employees on the pay
roll during the week of July 15, 1933.
(d) The Code Authority shall have the right to investigate and
disallow any such claims for exception subject to review by the
Administrator upon appeal by any employer or employee.
(e) The Code Authority shall report to the Administrator within
three (3) months and from time to time thereafter as to the effect
of the operation of this provision, both generally and in cases of
individual hardship.
Article V — General Labor Provisions
1. No person under 16 years of age shall be employed in the indus-
try, nor anyone under 18 years of age at operations or occupations
hazardous in nature or detrimental to health. The Code Authority
shall submit to the Administrator before February 1, 1934, a list of
such occupations. In any State an employer shall be deemed to have
complied with this provision if he shall have on file a certificate or
permit duly issued by the authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively 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.
3. Xo employeii and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing ; and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or x^rescribed by the President.
252
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers regu-
lating the age of employees, wages, hours of work or health, fire, or
general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees or engage in any subterfuge so as to
defeat the purposes of the Act.
7. Each employer shall post in conspicuous places accessible to
employees copies of Articles III, IV, and V of this Code.
Article VI — Administration
A Code Authority is hereby constituted to cooperate with the
Administrator in the administration of this Code.
1. Organization and constitution of Code Authority.
(a) The Code Authority shall consist of not less than five (5)
nor more than eight (8) members, five (5) of whom shall be selected
by the Board of Directors of the National Association of Slit Fabric
Manufacturers, Inc., and not more than three (3) of whom, without
vote and without expense to the Industry, may be appointed by the
Administrator to represent such groups or interests or such govern-
mental agencies as he may designate.
(b) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall:
(1) Impose no inequitable restrictions on membership, and (2)
Submit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
(c) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper ; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
(d) The Administrator shall entertain complaints and provide
such hearings as he may deem proper for those claiming the right
to be represented on the Code Authority, and shall have the right
from time to time to change the method of selection and the organiza-
tion selecting the members of the Code Authority, in order that it
shall be truly representative of the industry.
(e) If it shall be represented to the Administrator by any inter-
ested party, or he shall determine upon liis own motion, that any
action of the Code Authority, or of any subdivision Code Authority,
is unfair to any private interest or contrary to the public interest, the
Administrator may require that such action be suspended for a period
of not to exceed thirty (30) days to afford an opportunity for Inves-
tigation of tlie merits of such complaint and further consideration
by the Code Authority pending final action, to bs taken only upon
approval by the Administrator.
253
2. Tlie Code Anthorit}'^ shall have the following duties and powers
to the extent permitted by the Act and subject to the right of the
Administi-ator or his Deputy on review to disapprove any action
taken by the Code Authority.
(a) To elect officers and to assign to them such duties as it may
consider advisable, and to provide rules for its procedure, and ite
continuance as the administrative agency of this Code, in accordance
with the terms of the Act and the principles herein set forth,
(b) To receive, investigate, and adjust complaints of violations of
this Code, and based upon such investigations and after such hearings
as it may deem proper, to make recommendations in respect thereto
to the proper autliorities for the prosecution of such violations.
(c) To obtain from time to time from employers in the industry
reports in respect to wages, hours of labor, conditions of employment,
number of employees, and other matters pertinent to the purposes of
this Code, as the Code Authority may prescribe, and to submit peri-
odical reports to the Administrator in such form and at such times as
he may require, in order that the President may be kept informed
with respect to the observance thereof.
No individual reports shall be disclosed to any other member of
tJie industry or any other party except to such governmental agencies
as may be directed by the Administrator.
(d) In addition to the information required to be submitted to
the Code Authority, all members of the industry shall furnish such
adequate information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act to such Federal
and State agencies as the Administrator may designate. Nothing
in this Code shall relieve any one of any existing obligation to
furnish reports to government agencies.
(e) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, and to pay such agents the cost thereof ; provided, that such
agency shall at all times be subject to and comply with the provi-
sions of this Code; and provided further, that nothing herein shall
relieve the Code Authority of any of its duties and responsibilities
hereunder.
(f) To coordinate the administration of this Code with such
other codes, if any, as may be related to the Slit Fabric Manufactur-
ing Industry, or an}^ subdivision thereof, with a Adew to promoting
joint and harmonious action upon matters of common interest.
(g) To make surveys, to compile reports, to collect statistics
and trade information, to investigate unfair trade practices, to make
recommendations for fair trade practices, and otherwise assist the
Administrator in effecting the purposes of this Code and the Act.
(h) To provide ways and means for financing the operation of
said Code Authority and to determine an equitable method of ap-
portioning in the industry the cost of administering this Code.
Money raised in any manner shall not exceed in amount such reason-
able cost.
(i) To cooperate with the Administrator in regulating the use
of the N.R.A. insignia solely by those employers who have assented
to this Code.
254
(j) Subject to the approval of the Administrator, the Code Au-
thority shall have the power to adopt a uniform cost-accounting
system for the industry, which when so adopted shall be the standard
cost-accounting system for the Industry.
3. Members of the industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review by the Adminis-
trator, on the basis of volume of business and/or such other factors
as may be deemed equitable,
4. The Code Authority shall study provisions relating to trade
practices, investigate the observance thereof, and make such recom-
mendations thereon to the Administrator as it shall deem advisable.
Upon the approval of the Administrator and after such hearing as
he may prescribe, such recommendations, or any part of them, as
may be so approved, shall become a part of this Code and shall have
full force and effect as provisions hereof.
Article VII — Trade Practices
The following practices constitute unfair methods of competition
for members of the Industry and are prohibited :
1. False Marking or Branding. — The false marking, branding, or
invoicing of any product of the industry which has the tendency
to mislead or deceive customers or prospective customers, whether
as to its grade, quality, quantity, substance, character, nature, origin,
size, finish, its preparation, or otherwise.
2. Misrepresentation or False or Misleading Adirertising. — The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement, or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry, or the credit terms, values, pol-
icies, or services of any member of the industry, or otherwise, having
the tendency or capacity to mislead or deceive customers or prospec-
tive customers.
3. Commcrci-al Bribery. — No member of the industry shall give,
permit to be given, or directly offer to give anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of the
employer of such employee, the principal of such agent, or the rep-
resented party without the knowledge of such employer, principal
or party. Commercial bribery provisions shall not be construed to
prohibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
4. Interference with Contractual Relations. — Maliciously inducing
or attempting to induce the breach of an existing oral or written
255
contract between a competitor and his customer or source of supply,
or interferino^ with or obstructing the performance of any such con-
tractual duties or services.
5. /Secj'et Rehates. — The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in the
form of money or otherwise, or the secret extension to certain pur-
chasers of special services or privileges not extended to all purchasers
on like terms and conditions.
6. Defamation. — The defamation of competitors by falsely im-
puting to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations, or
by the false disparagement of the grade or quality of their goods.
7. Threats of Litigation. — The publishing or circularizing of
threats or suits for infringement of patents or trade marks or of any
other legal proceedings not in good faith, with the tendency or effect
of harassing competitors or intimidating their customers.
8. Espionage of Competitors. — Securing confidential information
concerning the business of a competitor by a false or misleading
statement or representation, by a false impersonation of one in
authority, by bribery, or by any other unfair method.
9. Consigned Merchandise. — No member of the industry shall ship
goods on consignment or memorandum except under circumstances
to be defined by the Code Authority where peculiar circumstances of
the industry require the practice.
10. Selling Below Cost. — No member of the industry shall sell any
article at price below his individual cost except as hereinafter pro-
vided. Any member of the industry may meet the price of any other
member of the industry whose cost under this provision is lower and
may sell dropped lines or distress merchandise below such cost if
approval of such sale is first obtained from the Code Authority.
For this purpose, costs shall be determined by the Uniform Cost
Accounting System provided for in the foregoing Article VI, Sec-
tion 2, Subsection (j).
Article VIII — Modifications
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said Act
and specifically, l3ut without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Administrator and
such notice and hearing as he shall specify, and to become effective
upon approval of the Administrator.
256
Article IX — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X — Effectr'e Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 214.
Registry No. 299-04.
o
Approved Code No. 215
CODE OF FAIR COMPETITION
FOR THE
AMERICAN GLASSWARE INDUSTRY
As Approved on January 16, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
AMERICAN GLASSWARE INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the American Glassware Industry, and hear-
ings having been duly held thereon and the annexed report on said
Code, containing findings with respect thereto, having been made and
directed to the President *
NOW, THEREFORE,* on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated Decem-
ber 30, 1933, and otherwise; do hereby incorporate by reference
said annexed report and do find that said Code complies in all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act; and do hereby order that
said Code of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Adirvinistrator for Industrial Recovery.
Approval recommended :
George L. Berry,
Division Administrator .
Washington, D.C,
January 16, 103Jf.
(257)
82789° 3l3-75__34
The President,
The White House.
Sir: A Public Hearing on the Code of Fair Competition for the
American Glassware Industry, submitted by the American Glass-
ware Association, located at i9 West 44th Street, New York, N.Y.,
was conducted in Washington on the 3rd of November 1933 in ac-
cordance with the provisions of the National Industrial Recovery
Act. The Association claims to represent 80 percent of the Industry.
This Industry is intimately related to the Glass Container Indus-
try and a number of plants have their production divided between
these two Codes. For that reason the hour and wage provisions of
this Code have been made to conform with the hour and wage pro-
visions of the Glass Container Code.
The maximum hours permitted under this Code are forty (40)
hours per week, as averaged over a period of thirteen (13) weeks,
provided, however, that in no case shall any employee be permitted
to work in excess of forty-eight (48) hours during any one week.
For clerical and office employees a maximum is permitted of forty
(40) hours per week averaged over each four (4) weeks' period and
not in excess of forty -eight (48) hours in any one week.
The minimum wage is forty cents (40^) per hour, unless the
hourly rate for the same class of work on July 15, 1929, was less
than forty cents (400) per hour, in which case the minimum wage
shall be not less than the wages paid in July 1929, and in no case less
than thirty cents (30^) per hour.
The outlets for the products of this Industry are wholesalers, job-
bers, retailers, and various manufacturers of other products who use
glass in the fabrication of their commodities, including the manu-
facture of storage batteries, signal devices, artificial illuminating-
equipment, etc. The exports to foreign markets are small com-
pared with the total volume of business.
The demand for glass products is fairly uniform throughout the
year, due to the wide uses to which glass has been put. Due to the
fact that the American Glassware Industry is so interwoven with
other industries throughout the country, an upturn in general busi-
ness conditions should be reflected favorably in this Industry.
On the basis of the 40-hour week, 3,104 wage earners should benefit
through reemployment. This increase represents 15.08% which will
bring the total number of employees up to 23,797.
The value of commodities produced by the American Glassware
Industry aggregated during 1929, $90,865,936. During 1931 product
value declined 32.2 per cent under the 1929 total, or to $61,633,709.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
(258)
259
I find that —
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elim-
inating unfair competitive practices, b}' promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemploj-ment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant association
is an industrial association truly representative of the aforesaid In-
dustry; and that said Association imposes no inequitable restrictions
on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
Tliis Industry has cooperated in a most satisfactory manner with
the Administrator in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable solu-
tion for this Industry and for these reasons this Code has been
approved.
Respectfully,
Hugh S. Johnson,
Administrator.
J.^XUART IC, 1934.
CODE OF FAIR COMPETITION
FOR THE
AMERICAN GLASSWARE INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the American Glassware Industry, and its provisions shall be the
standards of fair competition for such industry and binding upon
every member thereof.
Article II — Definitions
1. The term " Glassware Industry " as used herein means the busi-
ness of producing glassware, other than glass marbles, glass con-
tainers, flat glass, optical glass, and fabricated laboratory glassware
in the continental United States, its territories or possessions.
2. The term " association " means the American Glassware Asso-
ciation.
3. The term " member of the Industry " includes, but Avithout
limitation, any individual, partnership, association, corporation, or
other form of enterprise engaged in the industry, either as an
employer or on his own behalf.
4. The term " employee " as used herein includes any and all per-
sons engaged in the industry, however compensated, except a member
of the industry.
5. The term " plant ", as used herein, means a place where glass-
ware, as defined in Section 1 of this article, is produced.
6. The terms "Act " and "Administrator " as used herein mean
respectively Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.
7. The term " majority vote ", as used herein, shall mean that
each member of the industry, as defined in Section 3 of this article,
shall have one vote and at each meeting of the members of this indus-
try a quorum shall consist of members whose votes represent at least
61% of the total votes and whose registered sales volume equals at
least 51% of the total registered sales volume; 75% of the members
of the industry present at such meetings shall constitute a majority
vote, provided that the total registered sales volume of such number
of members equals at least 75% of the total registered sales volume
of all members present.
8. The term " staff " means the emploj^ed personnel of American
Glassware Association, and may be an individual, partnership, or
(260)
. 2G1
corporation, which shall not, however, be financially interested in
any member of the industry.
b. The term " Divisions " includes the following branches of the
Glassware Industry:
A. Illuminating Glassware Division includes all glassware used
in connection with artificial sources of illumination where such glass-
ware, by virtue of its shape, design, and material composition, is in-
tended to modify, to reflect, and/or to diffuse, the light emanating
from the source of artificial illumination and/or to decorate the same
as described in paragraph 1 of this article, excluding those specifi-
cally provided for in the definitions of other Divisions.
B. Technical and Industrial Glassware Division includes —
1. Glass parts for electrical devices, consisting of glass parts
for electrical lamps (light sources), radio tubes, power
vacuum tubes, photo-electric cells, gaseous discharge
tubes, X-Ray apparatus, and other similar electrical
devices.
2. Glass insulator's and insulation.
3. Signal grlassicarc, consisting of railway, marine, aviation,
and traffic signal glassware, including flood lights, bat-
tery jars, gauge glasses, and glass parts of signal appara-
tus, and also lamp chimneys and lantern globes made to
specification for railway and marine uses.
4. Vacuum glasstcare, consisting of glassware for insulated or
evacuated containers.
5. Cooking glassicare.
C. Lamp Chimneys x\nd Lantern Globes Division includes lamp
chimneys of a variety of sizes and shapes of blown, clear glassware,
plain or decorated, manufactured either by hand or machine, used
on lamp equipment which burns kerosene oil or gasoline, or on
equipment which simulates such lighting apparatus, except lamp
chimneys used in lighthouses or on or in connection with railways
and al'so includes lantern globes (other than railway lantern globes)
of a variety of clear and/or colored blown glass shapes manufactured
either by hand or machine used on oil lighted equipment, or on
equipment which simulates such apparatus.
D. Scientific Glassware Division includes laboratory, surgical,
and hospital glassware in blown and pressed shapes, also drawn or
fabricated tubing and rod, excepting, however, fabricated laboratory
glassware.
E. Automatic Tumbler Glassware Division includes blown, or
pressed, or pressed and blown tumblers produced by full automatic
process.
F. Automatic Glassware Division includes pressed, or pressed
and blown, glassware produced by fully automatic process, not speci-
fically defined under other Divisions in the Article.
G. Automobile Glassware Division includes lens and other signal
glassware for automobiles.
H. Blown Table Glassware Division includes paste mould, iron
mould, and " off-hand " tableware, stemware, tumblers, and kindred
items made by hand or semiautomatic process.
I. Blown Glassware Division includes those generally listed
groups of blown articles, paste and iron mould, made by hand and
262
semiautomatic processes, clear and colored, plain and decorated,
private mould and otherwise, not specifically covered by other Divi-
sions, such as glassware for vending and display devices, cylinders,
jars, lamp bases, lamp columns, lamp stems and parts, sacramental
glassware, aquaria, seed cups, glassware for coffee- and tea-making
devices, and other kindred groups, commonly recognized by the
trade.
J. Pressed Glassware DmsioN A includes those generally listed
groups of pressed or pressed and blown glassware, melted in tanks,
made by side-lever, rotary, and semiautomatic processes, such as
tableware, stemware, tumblers, jars, bar goods, soda-fountain glass-
ware, hotel- and restaurant-supply glassware, kitchen glassware,
stationers glassware, and other kindred groups, commonly recognized
by the trade.
K. Pressed Glassware Division B includes those generally listed
groups of pressed or pressed and blown glassware, melted in pots,
made by side-lever, rotary, and semiautomatic processes, such as
tableware, stemware, tmublers, jars, bar goods, soda-fountain glass-
ware, hotel- and restaurant-supply glassware, kitchen glassware,
stationers glassware, and other kindred groups, commonly recog-
nized by the trade.
L. Glassware Cutting and Decorating Di\ision (melting plants
only) includes all cutting, acid etching, needle etching, sand blast-
ing, or other embellishments added to glassware blanks by pro-
ducers of blanks, excepting those provided for under Division A.
M. Glassware Cutting and Decorating Division (nonmelting
plants) includes all cutting, acid etching, needle etching, sand blast-
ing or other embellishments added to glassware blanks by manu-
facturers performing this function only, excepting those provided
for under Division A.
N. Miscellaneous Glassware Division includes all glass products
not specifically defined under other Divisions in this article, such
as glass novelties, glass specialties, private-mould articles.
Article III — Maximum Hours
Section 1. No employee shall be permitted to work in excess of
forty (40) hours per week, as averaged over a period of thirteen (13)
weeks except such employees as are expressly exempted from the
provisions of this article, provided, however, that in no case shall
any employees be permitted to work in excess of forty-eight (48)
hours during any one (1) week.
Sec. 2. Hours for Clerical and Office Emplotjees. — No person em-
plo3^ed in clerical or office work shall be permitted to work in excess
of forty (40) hours per week averaged over each four (4) weeks'
period and not in excess of forty -eight (48) hours in any one week.
Sec. 3. Exceptions as to Hours. — The provisions of this article
shall not apply to traveling salesmen ; or to employees engaged in
emergency repair work; or to persons employed in a managerial or
executive capacity or on technical and laboratory staffs who earn
thirty-five dollars ($35.00) per week, or more.
Sec. 4. Watchmen. — No watchmen shall be permitted to work in
excess of eighty-four (84) hours in any two weeks' period.
H
263
Sec. 5. Fumacemen^ Gas Makers, Engineers, ami Pot Fillers. —
No furnacemen, gas makers, engineers, and pot fillers shall be per-
mitted to "work in excess of forty-two (42) hours per week.
Sec. G. Where Skilled Employees Not Aca'dahle. AVherc skilled
employees are not available, with the approval of the Code Au-
thority and the Administrator, the maximum hours for skilled em-
l)loyees may be in excess of the maximum hours herein specified
for a period not to exceed three (3) months after the effective date
of this Code.
Sec. 7. Empl&yvi£nt hy Several Employers. — No employee shall
be permitted to Avork for a total number of hours in excess of the
number of hours herein prescribed, whether he be employed by one
or more employers.
Article IV^ — Minimum Wages
Section 1. No employee shall be paid in any pay period less than at
the rate of forty (40) cents per hour, except as otherwise herein
provided, unless the hourly rate for the same class of work on July
15, 1929, was less than forty (40) cents per hour, in Avhich case the
minimum wage shall be not less than the wages paid in July, 1929,
and in no case less than thirty (30) cents per hour.
Sec. 2. Piecework Compenmtion, Minimum Wages. — This article
establishes a minimum rate of pay Avhich shall apply, irrespective of
whether an employee is actually compensated on time rate, piece-
work performance, or other basis.
Sec. 3. Learners. — No learner shall be paid in any pay period less
than at the rate of eighty (80%) percent of the minimum rates of
pay specified in this Code. Learners whose period of learning shall
not exceed six (6) months shall be persons without previous experi-
ence or employment in the Industry and the total number of such
learners shall not exceed more than five (5%) percent of the total
number of employees in any one plant. The provisions of this sec-
tion shall not be so applied as to defeat the purposes and intent of the
Act.
Sec. 4. Wages ahove minimum.. — It is declared to be the policy of
the members of the Industry to refrain from reducing the wage rates
of employees whose hourly rates of wages through the first six
months of 1933 were in excess of the minimum wages herein pre-
scribed; also to maintain the weekly earnings of such employees,
except in extreme cases where the hours have been drastically re-
duced, notwithstanding that the maximum hours prescribed by this
Code may be below the average weekly hours worked during the
first six months of 1933. It is further declared as a policy that the
hourly wages of this class of employees be adjusted upward in an
equitable manner to effectuate this policy. The Division Adminis-
trative Committees shall, within three (3) months after the effective
date of this Code, recommend to the Code Authority a schedule of
minimum rates of wages ; which shall be adjusted in such a manner
as to provide against inequality between the various plants in the
Industry, and the Code Authority shall thereupon file such schedules
with the Administrator as an amendment to this Code and when
approved by the President, shall have the same force and effect
32789 ■• 313-75 34 2
264
as any other amendment or provision hereof. Nothing in this section
shall be construed as affectmg any contractual relations with labor
organizations.
Sec. 5. Female Employees. — Female employees performing the
same work as male employees and employed during the same work
period, shall receive the same rates of pay as male employees.
Sec. 6. Handicapped Persons. — A person whose earning capacity
is limited because of age or physical or mental handicap may be
employed on light w^ork at a wage below the minimum established
by this Code if the employer obtains from the State authority desig-
nated by the United States Department of Labor a certificate author-
izing his employment at such wages and for such hours as shall be
stated in the certificate. Each employer shall file with the Code
Authority a list of all such persons employed by him.
Article V — General Labor Peovisions
Section 1. Child Labor. — No persons under sixteen (16) years of
age shall be employed in the industry. No person under eighteen
(18) years of age shall be employed at operations or occupations
which are hazardous in nature or dangerous to health. In any State
an employer shall be deemed to have complied with this provision as
to age if he shall have on file a 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.
Sec. 2. Provisions from- the Act. — In compliance with Section 7(a)
of the Act it is provided :
(a) 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.
(b) That no employee and no one seeking employment shall be re-
quired as a condition of employment to join any comjiany union or to
refrain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) That employers shall comply with the maxinunn hours of
labor, minimum rates of pay, and other conditions of emplo3anent
aj^proved or prescribed by the President.
Sec. 3. Reclo^si'fication of Employees. — No employer shall reclas-
sify employees or duties of occupations performed or engage in any
other subterfuge for the purpose of defeating the purposes or pro-
visions of the Act or of this Code.
Sec. 4. Standards for Safety and Health. — Every employer shall
make reasonable provision for the safety and health of his employees
at the place and during the hours of their employment.
Sec. 5. State Laios. — No provision in this Code shall supersede any
State or Federal law which imposes on employers more stringent
requirements as to age of employees, wages, hours of work, or as to
safet}^, health, sanitary or general working conditions, than are
imposed by this Code.
265
Sec. 6. Payment of Wages. — 'No employer shall make payment of
any wages due other than in lawful currency or by negotiable check
payable on demand.
Sec. 7. Posting. — All employers shall post complete copies of this
Code in conspicuous places accessible to employees.
Article VI— Organization, Powers, and Duties of the Code
Authority
Section 1. Organhatiori and Constitution. — A Code Authority is
liereby established to cooperate wdth the Administrator in the admin-
istration of this Code and shall consist of not less than seven (7) and
not more than fourteen (14) members to be chosen by the members
of this industry by a majority vote, as defined in Section 7 of Arti-
cle II. The Administrator in his discretion may appoint not more
than three (3) additional members without vote, and without com-
pensation from the industry, to serve for such period of time and
to represent the Administrator or such group or groups as" he may
designate.
Sec. 2. Vacancies in the personnel of the Code Authority selected
by the industry shall be filled through appointment by the Admin-
istrator upon nomination of the Code Authority.
Sec. 3. Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall impose no inecjuitable restrictions on membership, and shall
submit to the Administrator true copies of its articles of association,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
Sec. 4. In order that the Code Authority shall at all times be
representative of the industry and in other respects comply with the
l^rovisions of the Act, the Administrator may prescribe such hear-
ings as he may deem proper; and thereafter if he shall find that the
Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
Sec. 5. Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authoi-ity and to
[)articipate in the selection of the members thereof either by becom-
ing a member of the association and paying to the association the
dues provided to be paid by a member in like standing or assenting
to and complying with the requirements of tliis Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review by the Administra-
tor, on the basis of volume of business and/or such other factors as
may be deemed equitable.
Sec. G. Xothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall any
member of tlie Code Authority be liable in any manner to anyone for
any act of any other member, officer, agent, or employee of the Code
266
Authority. Nor shall any member of the Code Authority, exercis-
in<^ reasonable diligence in the conduct of his duties hereunder, be
liable to anyone for any action or omission to act under this Code,
except for his own willful misfeasance or nonfeasance.
Sec. 7. Poiaers and Duties. — The Code Authority shall have the
following further powers and duties, the exercise of which shall be
reported to the Administrator and shall be subject to his right, on
review, to disapprove any action taken by the Code Authority.
(a) To administer the provisions of this Code and provide for the
compliance of the industry with the provisions of the Act, and to
propose and submit to the Administrator amendments and/or modi-
fications of this Code, for the approval of the President.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the Code and to
provide for submission to the staff by members of such information
and reports as the Administrator may deem necessary for the pur-
poses recited in Section 3 (a) of the Act, which information and
reports shall be submitted by members to such administrative and/or
government agencies as the Administrator may designate; provided
that nothing in this Code shall relieve any member of the industry
of any existing obligations to furnish reports to any government
agency. No individual reports shall be disclosed to any other mem-
ber of the industry or any other party except to such governmental
agencies as may be directed by the Administrator.
(d) To designate the American Glassware Association and such
other agencies as it deems proper for the carrying out of any of its
activities provided for herein, provided that nothing herein shall
relieve the Code Authorit}'' of its duties or responsibilities under this
Code and that such trade associations and agencies shall at all times
be subject to and comply with the provisions hereof.
(e) To designate the following divisions and subdivisions as the
agency of the Code Authority for the administration of the Code in
each division to the extent permitted under the provisions of this
Code and of the Act :
1. Illuminating Glassw^are Division.
2. Technical and Industrial Glassware Division :
Subdivision (a) Glass Parts for Electrical Devices.
Subdivision (b) Glass Insulators and Insulation.
Subdivision (c) Signal Glassware.
Subdivision (d) Vacuum Glassware,
Subdivision (e) Cooking Glassware.
3. Lamp Chimneys and Lantern Globes Division.
4. Scientific Glassware Division.
5. Automatic Tumbler Glassware Division,
G. Automatic Glassware Division.
7. Automobile Glassware Division.
8. Blown Table Glassavare Division,
9. Blown Glassware Division.
10. Pressed Glassware Division A,
11. Pressed Glassware Division B.
12. Glassware Cutting and Decorating Division (melting).
267
13. Glassware Cutting and Decorating Division (nonmelt-
ing).
14. Miscellaneous Glassware DmsioN.
(a) Each Division or Subdivision may, by majority vote as
defined in Article II, Section 7, elect a Division Ad-
ministrative Committee.
(b) Other Divisions or Subdivisions may be established, from
time to time, by interested groups of manufacturei-s
upon application to, and approval by, the Code Author-
ity, provided that such application is authorized by
seventy-five (75%) percent of the membership within
a particular group. When approved by the Code
Authority the names of such Divisions or Subdivisions
shall he. submitted as an amendment to this Code, and
if approved by the Administrator, shall be added to
the list of those recognized in this section.
(f) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if anv, as may be related to the industry.
(g) To secure from members of the industry an equitable and pro-
portionate payment of the reasonable expenses of maintaining the
Code Authority and its activities.
(h) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the industry who
have assented to, and are complying with this Code.
(i) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
( j ) To provide that —
(a) Any interested person shall have the right of complaint
to the Code Authority and of a prompt hearing and
decision thereon in respect to any decision, rule, regula-
tion, or other course of action of any divisional adminis-
trative committee. Such complaint must be filed in
writing with the Code Authority within a reasonable
period of time after said decision, rule, regulation, or
course of action is issued or taken. The decision of such
Code Authority may be appealed by any interested per-
son to the Administrator, and
(b) Any interested person shall have the right of appeal to
the Administrator, under such rules and regulations as
the Administrator may prescribe, in respect to any
decision, rule, regulation, or other course of action,
issued, or taken by the Code Authority.
(k) To establish a system of cost finding which, after approval by
the Administrator, shall be the basis used in determining the cost of
any product of a member of the industry.
Sec. 8. To provide that any decision, rule, regulation, order, or
finding made or course of action followed pursuant to any provision
268
of this Code, may be cancelled or modified by the Administrator
whenever he shall determine such action necessary to effectuate the
provisions of the Act.
Article VII — Price Lists, Discounts, Terjis
Section 1. Each member of the Industry producing glassware in
Division A and Division C, as defined in Article II, Section 9, shall
upon the effective date of this Code, file witli the Staff a net price
list or a price list and discount sheet, as the case may be, individually
prepared by him on the basis of an adequate cost finding method,
showing his current prices, or prices and discounts, and all terms
and conditions of sale on all competitive articles of glassware pro-
duced by him. Such price lists and terms and conditions of sale,
so filed with the Staff, shall be open to inspection at all reasonable
times by any interested party. Revised price lists may be filed from
time to time thereafter with the Staff by any member producing
glassware in the Division, provided, however, that such revisions
shall be filed with the Staff at least ten (10) days in advance of the
effective date thereof, and provided further that any other member
producing glassware in either Division may file revisions of his net
price list, or price lists and discount sheets, or terms and conditions
of sale, to meet the revisions first filed which may become effective on
the date when the revised price list or revised terms and conditions
of sale first filed shall become effective.
(a) No member producing glassware in either Division shall
divulge to any customer or to any other member of the industry
revisions in prices, or terms and conditions of sale, prior to the
effective date of such revisions.
(b) No member of the industry shall sell directly or indirectly
or permit any agent to sell from warehouse or consigned stocks any
products of the industry covered by the provisions of this section
at a price lower, or at a discount greater, or on more favorable
terms of payment or conditions of sale, than those provided in his
current net price lists, or price lists and discount sheets.
Article VIII — Trade Practice Rules
Section 1, The following shall constitute trade practice rules for
this industry:
Rule 1. Inaccurate Advertimng. — No member of the industry shall
publish advertising (whether printed, radio, display, or of any other
nature), which is misleading or inaccurate in any material particu-
lar, nor shall any member in any way misrepresent any goods (in-
cluding, 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.
Rule 2. False Billing. — No member of the industry shall know-
ingly withhold from or insert in any quotation or invoice any state-
ment that makes it inaccurate in any material particular.
Rule 3. Inaccurate Lahelling. — No member of the industry shall
bcand or mark or pack any goods in any manner which is intended
269
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.
Rule 4. Inaccurate References to Connpctitors^ etc. — No member
of the industry shall publish advertising which refers inaccurately
in any material particular to any competitors or their goods, prices,
values, credit terms, policies or services.
Rule 5. Selling Beloio Cost. — No member of the industry shall
sell any products below cost, as determined by an adequate cost
finding system adopted by the Code Authority and approved by the
Administrator, provided, however, that dropped lines, seconds or
inventories which must be converted into cash may be disposed of
in such a manner and on such terms and conditions as the division
administrative committee may approve in order to move such
products into buyers' hands. The Code Authority may, from time
to time, require manufacturers to furnish to the Staff complete in-
formation relating to their costs. Such information shall be deemed
confidential and shall not be divulged to any manufacturer or other
person not a member of the Staff of the Association except as may
be required by the Administrator.
Rule 6. Threats of Law Suits. — No member of the industry shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimidating their customers. Failure to prosecute in due course'
shall be evidence that any such threat is unwarranted or unjustified.
Rule 7. Secret Rehates. — No member of the industry shall secretly
offer or make any payment or allowance of a rebate, refund, com-
mission, credit, unearned discount, or excess allowance, whether in the
form of money or otherwise, nor shall a member of the industry
secretly offer or extend to any customer any special service or privi-
lege not extended to all customers of the same class, for the purpose
of influencing a sale.
Rule 8. Bribing Emplotjees. — No member of the industry shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agent, or
the represented party, without the knowledge of such employer,
principal, or party. Commercial bribery provisions shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used for commercial bribery as hereinabove defined.
Rule 9. Interference with Another'^s Contracts. — No member of
the industry shall attempt to induce the breach of an existing con-
tract between a competitor and his employee or customer or source
of supi)ly ; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services.
Rule 10. Coercion. — No member of the industry shall require that
the purchase or lease of any goods be a prerequisite to the purchase
or lease of any other goods.
Rule 11. Blacklisting. — No member of the industry shall join or
participate with other members of the industry who with such mem-
bers constitute a substantial number of members of the industry or
270
who together control a substantial percent of the business in any
specific product or products of the industry, in any transaction known
in law as a blacklist, including any practice or device (such as a
whitelist), which accomplishes the purpose of a blacklist.
Eule 12. Gifts^ Advertising^ Contrihutions^ etc. — No member of the
industry shall give or offer to give any gifts in the form of money,
advertising contributions, or otherwise to customers or groups of
customers in connection with the sale of products or an inducement
thereto by any scheme which involves lottery, misrepresentation, or
fraud.
Rule 13. Imitation of Design. — No member of the industry shall
imitate a competitor's trade mark, trade name, or exclusive, or estab-
lished design of product, or package, intended to identify the maker
or vendor of said product, when the effect of such imitation may be
to cause confusion in the minds of purchasers with reference to the
identity of the maker thereof.
Sec. 2. Additional Trade Practices. — Each division or subdivision
of the industry may propose amendments relative to the filing of
discounts, commissions, or brokerage fees, credit terms, package
charges, freight equalization, and other terms of sale and/or other
trade practice rules and submit the same to the Administrator
through the Code Authority.
Article IX — Control of Production
Section 1. Members of the industry within fifteen (15) days after
the effective date of this Code shall register with the Code Authority
their present melting capacity of continuous tank equipment and
tonnage capacity of furnaces and day tanks.
Sec. 2. No person, partnership, association, corporation, or other
form of enterprise engaged in the industry or for the purpose of
engaging in the industry shall install any new or additional melting
capacity, in whole or in part, after the effective date of this Code,
until it has been established to the satisfaction of the Administrator,
upon application, that such new or additional installations will not
be in contravention of the purposes and intent of the Act, provided,
however, that nothing in this Section shall be interpreted to prevent
the consummation of any contract bona fidely executed prior to the
approval of this Code or the replacement of obsolete or worn out
equipment with equipment of identical, or less, melting capacity.
Sec. 3. The Code Authority shall make recommendations to the
Administrator regarding the granting or withholding of such
certificates.
Article X — Imports
Section 1. The Code Authority shall make such investigations as
may be found necessary to determine the effect of imports upon the
industry. If it should be found that competitive articles are being
imported into the United States in substantial quantities or in in-
creasing ratio to domestic production or on such terms or under such
conditions as to render ineffective or seriousl}!- to endanger the main-
271
tenance of the provisions of this Code, the Code Authority shall make
application to the President for relief as provided in Section 3(e)
of Title I of the National Industrial Recovery Act.
Article XI — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regula-
tion issued under said Act.
Sec. 2. This Code, except as to provisions required by the Act,
may be modijfied or amended on the basis of experience or changes in
circumstances, such modifications or amendments to be based upon
application to the Administrator and such notice and hearing as he
shall specif}?^, and shall become effective upon approval of the
Administrator, unless otherwise provided.
Article XII — Monopolies, Etc.
1. No provision of this Code shall be so applied as to permit
monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
Article XIII — Effective Date
This Code shall become effective fifteen (15) days after its ap-
proval by the President.
Approved Code No. 215.
Registry No. 1022-04.
o
Approved Code No. 216
CODE OF FAIR COMPETITION
FOR THE
POWDER PUFF INDUSTRY
As Approved on January 17, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
POWDER PUFF INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Powder Puif Industry, and hearings hav-
ing been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
cliroctGCi to tlif^ PrGsiciGnt
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act ; and do hereby order that said Code of Fair
Competition be and it is hereby approved,
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval Recommended :
A. D. Whiteside,
Division Administrator.
Washington, D.C,
January 17^ 103 If.
30479° 313-7 34 (273)
The President,
The White House.
INTRODUCTION
Sir : This is the report of the Administrator on the application
for, and pubhc hearing on, the Code of Fair Competition for the
Powder Puff Industry, as proposed by the Powder Puff Manufac-
turers Association. The public hearing was conducted in Washing-
ton on December 4, 1933. Every person who requested an appear-
ance was freely heard in accordance with statutory and regulatory
requirements.
There are 26 accredited manufacturers of powder puffs, 15 of
which are members of the Association and account for approxi-
mately 85 percent of the total volume of the industry. Two manu-
facturers, not members of the Association, were present at the
hearing.
economical and statistical material
The volume of sales in 1929, which was the peak year, was $6,000,-
000, and the total employment was 3,000 employees. The estimated
volume of sales for 1933 is set at $4,500,000, and the number of
emplo3'ees at 2,000. With the operation of the President's Reemploy-
ment Agreement, employment has increased until it is now estimated
to be only 10 percent under the 1929 level. Although it cannot be
reasonably expected that the current employment figures will be
increased a great deal, there is every reason to believe that there
will be an appreciable increase in the purchasing power represented,
because it was not uncommon formerly to find minimum wages of
$5, $7, and $8 per week and as little as $3 per week. Estimates are
that factory employees have worked an average of 48 hours per week
throughout the period 1929 to 1933.
RESUME OF CODE PROVISIONS
The Code establishes 40 hours as the basic week for production and
3214 cents per hour as the minimum rate of pay. The principal
exception to the basic 40-hour week is the specialized employee,
termed the " cutter ", upon whose output depends the employment
for the entire industry, who is permitted to work 100 hours per year
in addition to the maximum of 40 hours. fl
The principal exception to the minimum-wage provision of thirty
cents per hour is the learner, but the period of learning is limited to
only two weeks. This provision seems justifiable because the industry
is prohibiting " home work " which formerly accounted for a sub-
stantial part of the entire production.
(274)
275
Trade practices are standard and are not in any respect objection-
able in view of the chaotic competitive conditions which have
obtained.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter ;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purj)ose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,(300 em-
ployees and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
A dmiinistrator.
January 17, 1934.
CODE OF FAIR COMPETITION
FOR THE
POWDER PUFF INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Code of Fair
Competition for the Powder Puff Industry, and shall be the standard
of fair competition for such Industry, and shall be binding upon
every member thereof.
Article II — Definitions
The term " Powder Puff Industry " as used herein includes the
manufacture and/or primary distribution of powder puffs and such
branches or subdivisions thereof as may from time to time be in-
cluded under the provisions of this Code,
The term " employee " as used herein includes anyone engaged in
the Industry in any capacity'' receiving compensation for his services,
irrespective of the nature or method of payment of such compen-
sation.
The term "employer" as used herein includes anyone by whom
any such employee is compensated or employed.
The term " member of the Industry " includes anyone engaged in
the Industry as above defined, either as an employer or on his own
behalf.
The terms " President ", "Act ", and "Administrator ", as used
herein, shall mean, respectively, the President of the United States,
the National Industrial Recovery Act, and the Administrator of
Title I of said Act.
Article III — Hours
1. No employee, except as provided in Section 2 of this Article,
shall be permitted to work in excess of 40 hours in any one week or 8
hours in any twenty-four-hour period.
2. Any male emjiloyee 18 years of age or over engaged in cutting
materials shall be permitted to work 100 hours per year in addition
to the maximum hours established in Section 1 of this Article, pro-
vided that in no event shall such additional hours exceed 10 in any
one week or 2 in any twenty-four-hour period ; and provided, further,
that any employee working such additional hours shall be compen-
sated at one and one-third times the normal rate.
(276)
277
3. No employee shall be permitted to work more than 24 days in
any twenty-eight day period.
4. The provisions of this Article shall not apply to outside sales-
men or to employees engaged in a managerial or executive capacity
who earn not less than $85.00 per week.
Article IV — ^AVages
1. Xo employee shall be paid at less than the rate of 32i/4^ per hour,
except that a learner shall be paid at not less than 240 per hour for
a period of not over two weeks, provided, however, that no employee
who has performed similar work for any employer in the Industry
for a total of two weeks or more within the preceding two years
shall be classed as a learner.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
3. No employee whose full time weekly hours for the four weeks
ended Jmie 17. 1933, are reduced by the provisions of this Code by
20% or less, shall have his or her full time weekly earnings reduced.
No employee whose full time weekly hours are reduced by the pro-
visions of this Code, in excess of 20%, shall have his or her said
earnings reduced by more than 50% of the amount calculated by
multiplying the reduction in hours in excess of 20% by the hourly
rate.
4. A person whose earning capacity is limited because of age or
physical, or mental handicap may be emploj^ed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at such
wages and for such hours as shall be stated in the certificate. Each
employer shall file with the Code Authority a list of all such persons
eniplo3'ed by him.
Article V— General Labor Provisions
1. Child Lahor Provision. — No person under 16 years of age shall
be employed in the Industry nor anyone under 18 years of age at
operations or occupations hazardous in nature or detrimental to
health. The Code Authority shall submit to the Administrator be-
fore January 1, 1934, a list of such occupations. In any State an
employer shall be deemed to have complied with this provision if he
shall have on file a certificate or permit duly issued by the authority
in such State empowered to issue employment or age certificates or
permits, showing that the employee is of the required age.
2. Provisions From The Act. — (a) 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.
278
- (b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
3. Reclassification of Employees. — No employer shall reclassify
employees or duties or occupations performed for the purpose of
defeating the provisions of the Act or of this Code.
4. Standards For Safety and Health. — Every employer shall pro-
vide for the safety and health of his employees at the place and
during the hours of their employment. Standards for safety and
health shall be submitted by the Code Authority to the Adminis-
trator within six (6) months after the effective date of this Code.
5. State Laws. — No provisions in this Code shall supersede any
law within any State wdiich imposes more stringent requirements
on employers as to age of employees, w^ages, hours of work, or as to
safety, health, or sanitary conditions, or insurance, or fire protection,
or general working conditions, than are imposed by this Code.
6. Posting. — Each employer shall post in conspicuous places in his
plant, accessible to employees, copies of Articles III, IV, and V of
this Code.
7. Home Work. — All members of the Industry shall arrange to dis-
continue the system of home work by February 1, 1934. If, how-
ever, this provision works an unreasonable hardship on any em-
ployer, he may, upon appeal to the Code Authority, and subject to
the approval of the Administrator, be allowed additional time up to
a total of two months in which to complete its abolishment.
Article VI — Organization, Powers, and Duties or Code
Authority
organization
1. To further effectuate the policies of the Act, the Code Authority
is hereby constituted to administer this Code.
2. The Code Authority shall consist of six individuals, or such
other number as may be approved from time to time by the Admin-
istrator, to be selected as hereinafter set forth, and of such additional
members, without vote, as the Administrator, in his discretion, may
appoint to represent such groups or governmental agencies as he may
designate.
The Code Authority members shall be selected as follows :
Any member of the Industry who has qualified as provided in
Section 5 of this Article shall be entitled to one vote in the nomina-
tion and election of the members of the Code Authority. The pro-
ponents of the Code shall arrange for such nomination and election
within 90 days of the effective date of this Code. In the interim,
the regularly elected officers of the Powder Puff Manufacturers' As-
sociation shall fulfill the functions and discharge the duties of the
Code Authority.
279
8. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority, or any
sub-Code Authority.
5. Members of the Industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustain-
ing their reasonable share of the expense of preparation, presenta-
tion, and administration of this Code. Such reasonable share of the
expenses of administration shall be determined by the Code Author-
ity, subject to review by the Administrator, on the basis of volume
of business and/or such other factors as msiy be deemed equitable.
6. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority exercising reasonable diligence in the conduct of his
duties hereuncler be liable to anyone for any action or omission to
act under the Code, except for his own willful misfeasance or non-
feasance.
POWERS AND DUTIES
7. The Code Authority shall have the following powers and duties
in addition to those elsewhere provided in this Code :
(a) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code, in accord-
ance with the powers herein granted, and to submit the same to the
Administrator for his approval together with true copies of any
amendments or additions when made thereto, minutes of meetings
when held, and such other information as to its activities as the
Administrator may deem necessary to effect the purposes of the
Act.
(b) To obtain from members of the Industry for use of the Code
Authority, for the Administrator in the administration and enforce-
ment of the Code, and for the information of the President, reports
based on periods of one, two, or four weeks, or multiples thereof,
as soon as the necessary readjustment within the Industry can be
made and to give assistance to members of the Industry in improv-
ing methods, or in prescribing a uniform system of accounting and
280
reporting. All individual reports shall be kept confidential as to
members of the Industry and only general summaries thereof may
be published.
(c) To receive complaints of violations of this Code, make investi-
gations thereof, and bring to the attention of the Administrator
recommendations and information relative thereto for such action
as in his discretion the facts warrant.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein and to pay such trade associations and agencies the cost
thereof, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilties under this Code and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(e) To coordinate the administration of this Code with such other
Codes, if any, as may be related to the Industry, or any subdivision
thereof, and to delegate to any other administrative authority, with
the approval of the Administrator, such powers as will promote joint
and harmonious action upon matters of common interest.
(f) To secure an equitable and proportionate payment of the
expenses of maintaining the Code Authority and its activities from
members of the Industry.
(g) To cooperate with the Administrator in regulating the use of
the N.R.A. Code Insignia solely by those employers who have
assented to, and are complying with, this Code.
(h) To establish or designate an agency on Planning and Fair
Practice to which shall be added by the Administrator a representa-
tive instructed to safeguard the interests of the consumer, which
shall cooperate with the Code Authority in developing fair inter-
and intra-trade practices and industrial planning, including the
regularization of employment and stabilization of employees for the
Industry. Any such recommended practices being amendments to
the Code must be approved by the President.
(i) To initiate, consider, and make recommendations for the
modification or amendment of this Code.
(j) The Code Authority may appoint and remove and fix the
compensation of such employees, accountants, attorneys, and officers
as it shall deem necessary or proper for the purpose of administering
the Code.
(k) If it shall be represented to the Administrator by any inter-
ested party, or he shall determine upon his own motion, that any
action of the Code Authority, or of any subdivision Code Authority,
is unfair to any private interest or contrary to the public interest,
the Administrator may require that such action be suspended for a
period of not to exceed thirty (30) days to aflford an opportunity for
investigation of the merits of such complaint and further considera-
tion by the Code Authority pending final action, to be taken only
upon approval by the Administrator.
GENERAL ADMINISTRATI\"E PROVISION
8. In addition to the information required to be submitted to the
Code Authority as set forth in this Article there shall be furnished
281
to Government agencies such statistical information as the Admin-
istrator may deem necessary for the purposes recited in Section
3 (a) of the National Industrial Recovery Act.
9. An appeal from any action by the Code Authority affecting the
rights of any employer or employee in the Industry may be taken to
the Administrator.
Akticle VII — Trade Practices
The following practices constitute unfair methods of competition
for members of the Industry and are prohibited :
1. False Mcm^king or Branding . — The false marking or branding
of any product of the Industry which has the tendency to mislead
or deceive customers or prospective customers, whether as to the
grade, quality, quantity, substance, character, nature, origin, size,
finish, or preparation of any product of the Industry, or otherwise.
2. Misrepresentation or False or Misleading Advertising. — The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepa-
ration of any product of the Industry, or the credit terms, values,
policies, or services of any member of the Industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
prospective customers.
3. Commercial Bribemj. — No member of the Industry shall give,
permit to be given, or directly offer to give, anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or representative of another, in relation to the business of
the employer of such employee, the principal of such agent or the
represented party, without the knowledge of such employer, princi-
pal, or party. Commercial bribery provisions shall not be construed
to prohibit free and general distribution of articles commonly used
for advertising except so far as such articles are actually used for
conunercial bribery as hereinabove defined.
4. Interference with Contractual Relations. — Maliciously inducing
or attempting to induce the breach of an existing oral or written
contract between a competitor and his customer or source of supply,
or interfering with or obstructing the performance of any such
contractual duties or services.
5. Secret Rebates. — The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in
the form of money or otherwise, or the secret extension to certain
purchasers of special services or privileges not extended to all pur-
chasers on like terms and conditions.
6. Defamation. — The defamation of competitors by falsely im-
puting to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or
by the false disparagement of the grade or quality of their goods.
7. Sales of Seconds. — The sale or offer for sale, at a reduced price,
of rejects, factory seconds, or other defective merchandise by any
member of the Industry in excess of 4% of his total production.
Any such sale shall be reported to the Code Authority. Sales in
excess of 4% may be permitted by the Code Authority upon a
282
showing that such restriction works an undue hardship upon a mem-
ber of the Industry, but the granting of such permission must not
allow such membev an unfair competitive advantage nor work to
the detriment of other members.
8. Processing Materials Furnished hy Others. — The sale of the
service of processing materials furnished by others at less than the
price arrived at by deducting the market cost of such materials, if
purchased by the member concerned, from the price established by
such member for the finished product.
9. /Sales Below Cost. — To sell or offer to sell any product below its
cost, except to meet the competition of a member of the Industry
whose cost is lower. Each member of the Industry shall determine
cost in accordance with a cost accounting system capable of applica-
tion by all members to be formulated by the Code Authority and
approved by the Administrator.
10. Terms of Sale. — Terms shall not exceed 2% discount for cash
within 10 days from date of invoice, or 30 days net, with the privi-
lege of giving E.O.M. (end of months) dating.
Article VIII — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act
and .specifically, but without limitation, to the right of the Presi-
dent to cancel or modify his approval of this Code or any condi-
tions imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the A<;t, may
be modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Administra-
tor and .such notice and hearing as he shall specify, and to become
effective on approval of the Administrator.
Article IX — Monopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases should be delayed and that, when made, the same should,
so far as reasonably possible, be limited to actual increases in the
seller's costs.
Article XI — Effective Date
This Code shall become effective on the tenth day after date.
Approved Code No. 216.
Registry No. 299-1-20.
Approved Code No. 217
CODE OF FAIR COMPETITION
rOR THE
DENTAL LABORATORY INDUSTRY
As Approved on January 22, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
DENTAL LABORATORY INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Dental Laboratory Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
ciiT*poi^po to tlip Jl rpsiciGTiij *
NOW, THEREFORE^ on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Code of Fair Com-
petition be and it is hereby approved, but upon the following
condition :
That the limitation of hours per week set forth in Section 2
of Article III for clerical and office employees shall be forty
instead of forty-four, except that it shall be forty-four in any
case where there is only one such employee in a dental laboratory.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval Recommended :
Geo. L. Berry,
Division Administrator.
Washington, D. C., January ^2, 1934.
82288° 313-54 34 (283)
The President,
The 'White House.
Sm: A public hearing on the Code of Fair Competition for the
Dental Laboratory Industry of the United States, submitted by the
National Dental Laboratories Association, located at 1010 Vermont
Avenue, Washington, D.C., was conducted in Washington on the
20th of October 1933, in accordance with the provisions of the Na-
tional Industrial Recovery Act. The Association claims to represent
in excess of eighty percent (80%) of the Industry.
The maximum hours established by this Code are forty (40) per
week for all employees, with the exception of laboratories employing
one clerical or office worker in which case such worker is allowed
forty-four (44) hours per week. One-man laboratories are also
allowed forty-four (44) hours per week. Workers in the Dental Lab-
oratory Industry were employed in 1929 on an average of fifty-two
(52) hours per week and in 1933 approximately forty-seven (47)
hours per week. To return employment to the 1929 level it would be
necessary to establish a 37.6-hour week. However, from a practical
angle a 40-hour week seems to be a most advisable basis for the re-
employment of workers in this Industry. Through the establish-
ment of a 40-hour week approximately 1,400 workers should benefit
by reemployment.
The minimum wages established in this Code are forty cents (40^)
per hour, or $16.00 per week for all processing workers, and $14.00
per week for office employees. The minirnum wage for apprentices
IS $14.00 per week for a period of one year, and forty cents (400)
per hour or $16.00 per week thereafter. Messengers not engaged in
processing shall receive $10.00 per week. Provision is made for time
and one third for all hours worked by processing employees in excess
of forty (40) per week.
Owing to the fact that so many conflicting figures were presented
at the public hearing, bearing on the Dental Laboratory Industry,
and because of the fact that no information regarding this Industry
is available through governmental sources, it is impossible to give
a very accurate or clear statistical picture of the Industry.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter ;
I find that—
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the pui-pose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
(284)
285
in? unfair competitive practices, by promoting* the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by unproving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally emploj'^s not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant association
is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
This Industry has cooperated in a most satisfactory manner with
the Administrator in the preparation of this Code. From the evi-
dence adduced during this hearing and from recommendations and
reports of the various Advisory Boards, it is believed that this Code
in its present form as approved represents an effective, practical,
equitable solution for this Industry ; and for these reasons this Code
has been approved.
Kespectfully,
Hugh S. Johnson,
Administrator.
January 22, 1934
CODE OF FAIR COMPETITION
FOR THE
DENTAL LABORATORY INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Dental Laboratory Industry, and shall
be the standard of fair competition for such industry and binding
upon every member thereof.
Article II — DEnNrrioNS
1. The term " Dental Laboratory Industry " as used herein shall
mean the construction, repair, or adjustment, outside the oral cavity,
in a dental laboratory, of dental prosthetic appliances, consisting
of restorative dentures and corrective appliances made from impres>
sions and/or casts, and such related branches or subdivisions as
may from time to time be included under the provisions of this Code
by the President of the United States, after such notice and hearing
as he may prescribe,
2. The term " Dental Laboratory " as used herein shall mean a
workroom or rooms wherein dental prosthetic appliances are con-
structed, repaired, or adjusted on order, instruction or prescription,
for a dentist or another dental laboratory; excluding, however, the
workroom or rooms operated as a part of the office or offices of a
practicing dentist or dentists, and their bona fide employees engaged
and employed therein in the construction, repair, or adjustment of
dental prosthetic appliances solely for the personal patients of such
dentist or dentists and not for the patients of any other dentist or
dentists.
3. The term " home work " as used herein shall mean the perform-
ance of the work of this industry in the home or elsewhere outside of
the work room or rooms of a dentist or dentists, a dental laboratory,
or a one-man dental laboratory as herein defined.
4. The temi " member of the industry " includes, but without limi-
tation, any individual, partnership, association, corporation, or other
form of enterp"rise engaged in the industry, either as an employer
or on his or its own behalf.
5. The term " employee " as used herein shall include any and all
persons engaged in the industi-y as herein defined however compen-
sated, including any person when engaged in processing and except-
ing executives and employers when not engaged in processing,
(28G)
287
6. The terms " price or prices " as used herein shall mean the
charges for the products ajid/or services of the industry.
7. The term " one-man laboratory " as used herein shall mean a
dental laboratory in which only one person is engaged in processing,
whether or not any messengers, office, or other nonprocessing em-
ployees are employed.
8. The term " apprentice " as used herein shall mean any person
haAdng less than one year's experience in the industry as defined
above, who is employed as a learner or beginner.
9. The term " processing " as used herein shall mean performing
any step in the construction, adjustment, or repair of any product
of this industry.
10. The terms "Act " and "Administrator " as used herein mean
respectively Title I of the National Industrial Recovery Act, and
the Administrator for Industrial Recovery,
Artiole III — Hours
MAXIMUM HOURS
Section 1. No employee, engaged in whole or in part in process-
ing, shall be permitted to work in excess of forty (40) hours in any
one week except as herein otherwise provided. A normal workday
shall not exceed eight (8) hours.
Sec. 2. No person employed in clerical, office, or other nonprocess-
ing work shall be permitted to work in excess of forty-four (44)
hours in any one week, A normal workday shall not exceed nine
(9) hours,^
EXCEPTIONS TO HOURS
Sec. 3. A one-man laboratory shall not engage in processing to
exceed forty-four (44) hours per week.
Sec. 4. The provisions of this Article shall not apply to outside
salesmen, or to persons employed in a managerial or executive
capacit}^ who do not engage in processing and who earn thirty-five
dollars ($35.00) or more per week.
Sec. 5. Processing employees, including the operator of a one-man
laboratory, shall be allowed to work twenty-five (25) hours in excess
of the maximum hours established in Sections 1 and 3 of this Article
during each half of the calendar year, provided, however, that no
such employee shall work more than forty-eight (48) hours in any
one week and provided further that a record of all hours of over-
time shall be posted in the laboratory and reported as required by
the Code Authority.
employment by SEi'ERAIi EMPLOYERS
Sec. 6. No employee shall be permitted to work, for a total num-
ber of hours in excess of the number of hours herein prescribed,
whether he be employed by one or more employers.
^ Modified by paragraph 2 of order approving this Code.
288
OPERATING HOURS OF A LABORATORY
Seo. 7. No dental laboratory shall be operated or remain open in
ex(5ess of fifty-two (52) hours in any one week; nor shall any such
laboratory be operated or open for the purpose of performing any
business function on Sunday or before 7 : 00 A.M. on any week day,
or later than 7 : 00 P.M. on Monday to Friday, inclusive, or later
than 1 : 30 P.M. on Saturday.
(a) Uniform holiday closing, and uniform opening and closing
hours between the hours herein prescribed, may be established in any
metropolitan area, city, or town by a majority vote of all laboratories
located within such areas and when approved by the Code Authority
shall be binding upon all laboratories in such area.
(b) Each Dental laboratory shall post in an accessible place in its
laboratory a schedule of its operating hours and a schedule of the
working hours of its employees, and file copies and/or reports of
same as the Code Authority shall designate.
Article IV — Wages
MINIMUM WAGES
Section 1. No employee shall be paid in any pay period less than
at the rate of forty cents (400) per hour or sixteen dollars ($16.00)
per week except as otherwise herein provided.
(a) Apprentices shall be paid not less than fourteen dollars
($14.00) per week for a period of one (1) year, and thereafter at not
less than the rate of forty cents (400) per hour.
(b) Messengers not engaged in processing shall be paid not less
than ten dollars ($10.00) per week.
(c) Office and clerical help shall be paid not less than the rate of
fourteen dollars ($14.00) per week.
(d) Part-time employees shall be compensated for the work per-
formed by them at not less than the minimum rates herein established.
PIECEWORK COMPENSATION MINIMUM WAGES
Sec. 2. This article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time rate, piecework performance or other basis.
WAGES ABOVE MINIMUM
Sec. 3. It is the policy of the members of this industry to refrain
from reducing the compensation for employment, which compensa-
tion was, prior to June 16, 1933, in excess of the minimum wages
herein set forth, notwithstanding that the hours of work in such
employment may be reduced ; and all members of this industry shall
endeavor to increase the pay of all employees, in excess of the mini-
mum wage as herein set forth, by an equitable adjustment of all pay
schedules.
289
Sec. 4. Female employees performing substantially the same work
as male employees shall receive the same rates of pay as male em-
ployees.
Sec. 5. Time and one third shall be paid processing employees for
all hours in excess of forty (40) hours per week.
Sec. 6. The provisions of this iVrticle shall not apply to outside
salesmen, or to persons employed in a managerial or executive ca-
pacity who do not engage in processing.
Article V — General. Labor PRO^^SION8
CHILD LABOR
Section" 1. No person under sixteen (16) years of age shall be em-
ployed in the industry. No person imder eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ous in nature or dangerous to health. The Code Authority shall
submit to the Administrator within sixty (60) days after the ap-
proval of this Code a list of such operations or occupations. In any
State an employer shall be deemed to have complied with this pro-
vision as to age if he shall have on file a certificate or permit duly
signed by the authority in such State empowered to issue employ-
ment or age certificates or permits showing that the employee is of
the required age.
PROVISIONS FROM THE ACT
Sec. 2. In compliance with Section 7 (a) of the Act it is provided!
(a) 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.
(b) 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 his own choosing, and
(c) 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.
RECLASSIFICATION OF EMPLOYEES
Sec. 3. Employers shall not reclassify employees or duties of occu-
pations performed by employees so as to defeat the purposes of the
Act.
STANDARDS FOE SAFETY AND HEALTH
Sec. 4. Every employer shall make reasonable provision for the
safety and health of his employees at the place and dui'ing the hours
of their employment.
290
STATE L.AW8
Sec. 5. No provision in this Code shall supersede any State or
Federal law which imposes more stringent requirements as to age
of emplo3^ees, wages, hours of work, or as to safety, health, sanitary
or general working conditions, than are imposed by this Code.
POSTING
Sec. 6. All employers shall post and keep posted complete copies
of the wage and hour and general labor provisions of this Code in
conspicuous places accessible to employees.
APPRENTICES
Sec. 7. No laboratory shall employ apprentices in a ratio greater
than one to every four processing employees or major fraction
thereof, provided, however, that any laboratory employing four or
less processing employees may employ one apprentice. Apprentices
shall not be counted as processing employees in the determination
of this ratio.
SANITARY requirements
Sec. 8. No room or apartment in a tenement or dwelling house
used for living, eating or sleeping purposes, shall be used for the
purpose of conducting a dental laboratory, unless such laboratory
complies with sanitary requirements as established by the Code
Authority, and approved by the Administrator. Any action of the
Code Authority with respect to this provision shall be subject to
the review and disapproval of the Administrator.
(a) Every part of the dental laboratory shall be kept clean and
shall be kept free from accumulation of dirt, filth, rubbish in and
about the same. The entire premises shall be well drained and the
plumbing thereof at all times kept in proper repair and in a clean
and sanitary condition.
student — learner work
Seo. 9. Work done by students and learners shall not be sold
unless such students or learners are paid for this work in compli-
ance with the provisions of the Code, provided, however, that this
Erovision shall not apply to work done by students of any bona
de dental school or college or to Avork done bv students and learners
under existing contracts executed in compliance with the law of the
State in which such contract was made.
HOME WORK
Sec. 10. All home work in this industry is hereby prohibited.
Article VI — Administration
Organization, Powers, and Duties of the Code Authority.
1
291
ORGAXIZATION AND CONSTITUTION
Section 1. A Code Authority is hereby established to cooperate
with the Adimnistrator in the administration of this code and shall
consist of fifteen (15) members to be chosen by the industry through
a fair method of selection and approved by the Administrator. The
Administrator in his discretion may appoint not more than three
additional members without vote and without compensation from
the industry, to serve for such period of time and to represent the
Administrator or such group or groups as he may designate.
(a) The Code Authority shall be selected as follows: One member
to be selected from the members of the industry in each of the twelve
(12) Regions covering the entire United States, and three (3) mem-
bers at large, to be selected from the entire industry.
(b) In order to assist the Code Authority in the Administration
of this code, the National Dental Laboratories Association is hereby
designated as the administrative agency of the Code Authority and
as the agency to collect such statistics and information, subject to
the disapproval of the Administrator, as may be pertinent and
required for the purposes of this code.
(c) Regional Sub-Code Authorities are hereby established to fur-
ther assist the Code Authority, and shall consist of five (5) members
nominated by and from members of the industry by a fair method
of selection in each region and appointed by the Administrator. For
the purposes of this Code, the Regional divisions of the industry
shall be as follows:
Region 1. Maine, New Hampshire, Vermont, Massachusetts, Con-
necticut, Rhode Island.
Region 2. New York.
Region 3. Pennsylvania, New Jersey.
Region 4. West Virginia, Virginia, Delaware, Maryland, District
of Columbia.
Region 5. Tennessee, North Carolina, South Carolina, Georgia,
Florida, Alabama, and Mississippi.
Region 6. Kentucky, Indiana, Ohio, and the Southern peninsula
of Michigan.
Region 7. Wisconsin, Illinois, and the Northern peninsula of
Michigan.
Region 8. Missouri, Ai'kansas, Louisiana.
Region 9. Iowa, Minnesota, Nebraska, North Dakota, South
Dakota.
Region 10. Kansas, Oklahoma, Texas, New Mexico, Colorado.
Region 11. California, Nevada, Utah, Arizona.
Region 12. Washington, Oregon, Idaho, Montana, Wyoming.
Sec. 2. Vacancies in the personnel of the Code Authority selected
by the industry shall be filled pending a selection as provided for
the appointment of the original members, through appointment by
the Administrator upon nomination of the Code Authority.
(a) In the event of the failure of any region to select its Regional
Sub-Code Authority or any member or members thereof within the
time specified by the Code Authority, or in the event of any va-
cancy occurring therein, the Code Authority may make appoint-
292
ments to fill sncli vacancies pending the selection of qualified suc-
cessors as provided herein.
Sec. 3. Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall impose no inequitable restrictions on membership, and shall
submit to the Administrator and to the Code Authority true copies
of its articles of association, by-laws, regulations, and any amend-
ments when made thereto, together with such other information as
to membership, organization, and activities as the Administrator
may deem necessary to effectuate the purposes of the Act.
Sec. 4. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, he may take such action as
he may deem necessary under the circumstances.
Sec. 5. Members oi the industry shall be entitled to participate
in and share the benefits of the activities of the Code Authority and
Regional Sub-Code Authorities and participate in the selection of
the members thereof and in any revisions or amendments to this
code by assenting to and complying with the requirements of this
code and sustaining their reasonable share of the expenses of ad-
ministration or by becoming members of the National Dental Lab-
oratories Association and paying to the Code Authority such pro-
portionate part of the cost of administration as the Code Authority,
subject to the Administrator's approval, shall prescribe as fair and
equitable.
(a) Any member of the industry shall be eligible for member-
ship in the National Dental Laboratories Association and in any
regional, state, or local association directly or indirectly participat-
ing in the selection or activities of the Code Authority and/or Re-
gional Sub- Code Authority, upon compliance with the provisions
of the by-laws relating to membership, provided that any person
applying for such membership shall, in addition to the payment of
such dues as are applicable in his case in accordance with the estab-
lished rate or schedule of dues, accept a reasonable and equitable
share of the cost of administration.
Sec. 6. Nothing contained in this code shall constitute the mem-
bers of the Code Authority or Regional Sub-Code Authorities part-
ners for any purpose. Nor shall any member of the Code Authority
or Regional Sub-Code Authorities be liable in any manner to any-
one for any act of any other member, officer, agent, or employee
of the Code Authority. Nor shall anj member of the Code Author-
ity or Regional Sub-Code Authorities, exercising reasonable dili-
gence in the conduct of his duties hereunder, be liable to anyone for
any action or any omission to act under this Code, except for liis own
willful misfeasance or nonfeasance.
POWERS AND duties
Sec. 7. The Code Authority shall have the following powers and
duties to the extent permitted by the Act, subject to the review and
disapproval of the Administrator.
293
(a) To administer the provisions of this Code and provide for
the compliance of the industry with the provisions of tlie Act, and
to propose and submit to the Administrator, for his approval,
amendments and/or modification of this code.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information,
statistics, and reports as are required for the administration of the
Code and to provide for submission by members of such information,
statistics and reports as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act, which infor-
mation, statistics, and reports shall be submitted to such administra-
tive and/or government agencies as the Administrator may desig-
nate; provided that nothing in this code shall relieve any member
of the industry of any existing obligations to furnish reports to any
government agency. No individual reports shall be disclosed to any
other member of the industry or to any other person or agency
except as may be directed by the Administrator, or except as it may
be deemed necessary to divulge such information to enforce the ob-
servance of the provisions of this code. Any person conducting a
dental laboratory shall furnish promptly to the Code Authority the
information required by it, in such form as may be specified.
(d) Within a reasonable time after the effective date of this code
to provide for the establishment and promulgation of :
(1) A uniform system of billing which shall be complied with
and adhered to by all membere of this industry.
(2) A uniform method of cost accounting and/or cost formulae,
which, when approved by the Administrator shall be used in the
detennination of cost by all members of this industry.
(e) To use the National Dental Laboratories Association and
such regional, state, and local associations and other agencies as it
deems proper for the carrying out of any of its acti\'ities provided
for herein, provided that nothing herein shall relieve the Code
Authority of its duties or responsibilities under this code and that
such trade associations and agencies shall at all times be subject
to and comply with the provisions hereof.
(f ) To make recommendations to the Administrator for the coor-
dination of the administration of this code with such other codes, if
any, as may be related to the industry.
(g) To cooperate with the Administrator in regulating the use
of any N.R.A. insignia solely by those members of the industry
who have assented to, and are complying with, this code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
Article YII — Unfair Trade Practices
The following practices are unfair methods of competition and
are prohibited :
1. Guaranfees. — No member of this industry shall guarantee any
product of this industry, except in accordance with the rules and
294
regulations concerning guarantees, established by the Code Author-
ity and approved by the Administrator.
2. False Marh'mg or Branding. — No member of this industry
shall mark or brand any product of the industry in any manner
having a tendency to mislead or deceive customers, or prospective
customers, whether as to the grade, quality, quantity, substance, con-
struction, nature, origin, size, finish, or preparation of such product.
3. Commercial Bribery. — No member of the industry shall give,
permit to be given, or directly oifer to give, anything of value for
the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such agent,
or the represented party, without the knowledge of such employer,
principal, or party. Commercial bribery provisions shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising, except so far as such articles are actu-
ally used for commercial bribery as hereinabove defined.
4. Espionage of Co^iripetitors. — No member of this industry shall
attempt to secure confidential information concerning the business
of a competitor by a false or misleading statement or representation,
by a false impersonation of one in authority, by bribery, or by any
other unfair method.
5. Interference with Contractuai Relatio-ns. — No member of this
industry shall attempt to induce the breach of an existing contract
between a competitor and his employee or customer or source of sup-
ply; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services,
6. Substitution of Matenals. — No member of this industry shall
use, submit, or bill any material, superior or inferior in quality to
that specified by the purchaser of any dental laboratory product,
thereby effecting a price discrimination.
7. Rehates.~^o member of the industry shall offer or make any
payment or allowance of a rebate, refund, commission, credit, dis-
count, or excess allowance, whether in the form of money or other-
wise, nor shall a member of the industry offer or extend to any
customer any special service or privilege not extended to all customers
of the same class.
8. Defannatian. — No member of this industry shall attempt to
defame competitors by falsely imputing to tliem dishonorable con-
duct, inability toi perform contracts, questionable credit standing, or
by other false representations, or by the false disparagement of the
grade or quality of their goods.
9. Conspiraxiy. — No member of this industry shall aid or abet any
person in the dental laboratory industry in any unfair competitive
practice.
10. Misrepresentation. — No member of the industry shall bill or
invoice or offer to sell any dental laboratory product, under any
description which does not fully describe such dental laboratory
product in terms customarily used in the dental laboratory industry,
or in violation of the uniform system of billing when adopted for the
industry.
11. Threats of Law Suits. — No member of the industry shall pub-
lish or circulate unjustfied or unwarranted threats of legal pro-
295
ceedin<]:s which tend to or have the effect of harassing competitors or
intimidating their customers. Failure to prosecute in due course
shall be evidence that any such threat is unwarranted or unjustified.
12. Samples. — No member of this industry shall bill or sell samples
of dental laboratory products for less than the cost of production;
nor employ free goods or free samples or free deals in connection
with a sales transaction, Notliing in this provision shall be so
construed as to prohibit the bona fide loan of samples.
13. Underselling Claims. — No member of the industry shall use or
participate in the publishing or broadcasting of any statement or rep-
resentation which lays claim to a policy or continuing practice of
generally underselling competitors.
14. False Invoicing. — No member of the industry shall knowingly
withhold from or insert in any quotation or invoice any statement
that makes it inaccurate in any material particular.
15. Acceptance of Work. — No member of this industry shall accept
any dental restoration for adjustment, repair, or processing, except
from a dentist or from another dental laboratory.
Article VIII — Kegtjlations as to Costs, Price Lists, Terms, Etc.
1. Costs. — No member of the industry shall sell, or offer to sell, the
services or products of his laboratory below cost, based on normal
operations, computed in accordance with a uniform method of cost
accounting and/or cost formulae adopted by the Code Authority and
approved by the Administrator.
2. Price Lists. — Each member of the industry shall within fifteen
^15) days after the effective date of this code file with the Code
Authority and otherwise as it shall direct, and with his Regional Sub-
Code Authority, his net current price lists to become effective on the
date filed.
(a) No member of the industry shall thereafter sell, or offer to sell,
at prices other than the prices contained in his price list so ^led.
(b) Revised price lists may, ten (10) days prior to the effective
date thereof, be filed, from time to time, in the same manner as
provided for the filing of original price lists.
(c) Upon complaint or on its own initiative, the Code Authority
may require the listing laboratory to file its cost data forthwith and
if the price of any item in any such price list is determined by the
Code Authority to be improper, in that it does not comply with the
provisions of the Code, new prices, based upon the uniform metliod
of cost accounting and/or cost formulae which do comply with the
provisions of this code may be required by the Code Authority to
be filed within ten (10) days after notice thereof to the listing
laboratory.
3. Terms and Discounts. — (a) All quotations and bills or invoices
for products and ser\aces of dental laboratories shall be made only
upon the basis of net settlements due on or before the first of the
following month and paj^able on or before the fifteenth day thereof.
(b) No member of the industry shall offer or allow any cash or
trade discount; provided that no provision of this code shall be
interpreted to prevent the extension between laboratories of courtesy
discounts applying to the products of the industry; and provided
296
further, that the purchasing laboratory shall not sell such produotg
at less than the producing laboratory's prices thereof as filed with
the Code Authority.
Article IX — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or
regTilation issued under said Act.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified or amended on the basis of experience or changes
in circumstances, such modifications or amendments to be based
upon application by the Code Authority to the Administrator and
such notice and hearing as he shall specif}^ to become effective on
approval of the Administrator, unless otherwise provided.
Article X — ^Monopolies
1. No provision of the Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
Article XI
1. Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
Article XII
1. This Code shall become effective on the tenth day after its
approval by the Administrator.
Approved Code No. 217
Registry No. 1617-09
o
Approved Code No. 218
CODE OF FAIR COMPETITION
FOR THE
SLATE INDUSTRY
As Approved on January 22, 1934
ORDER
APPROVING CODE FOR FAIR COMPETITION
FOR THE
SLATE INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Slate Industry, and hearings having been
duly held thereon and the annexed report on said Code, containing
findings Avith respect thereto, having been made and directed to the
President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Code of Fair Com-
petition be and it is hereby approved.
HUGH S. JOHNSON,
Adnvlmstrator for IndustHal Recovery.
Approval Recommended :
W. A. Harbiman,
Div ision A dininistrator.
Washington, D.C, January 22. lOSIf..
29280° 296-110 34 (2<>7)
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the
Slate Industry, a hearing on which was conducted in Washington
on the ninth of November, 1933, in accordance with the provisions
of the National Industrial Recovery Act.
PROVISIONS OF THE CODE AS TO WAGES AND HOURS
This Code provides for a work week of not more than forty hours,
averaged over a six months' period, with limits of forty-eight hours
for any week, six days for any week, and nine hours for any day.
The following exceptions are permitted :
(a) Employees engaged on emergency maintenance and repair
work, but they will receive time and one third for overtime;
(b) Slateloaders, shipping clerks, truck drivers, and watchmen,
who are limited to fifty-six hours per week;
(c) Those engaged in managerial or executive capacity, who re-
ceive not less than $30.00 per week ; and
(d) Travelling salesmen.
The maxinnim hours apply to the total time of each employee,
whether working for one or several employers.
This Code provides for a minimum w^age of 35 cents per hour,
except in Virginia, the only southern state producing slate, where
the minimum is 30 cents. Watchmen are excepted, but must be
jDaid at least $15.00 per week, and with the permission of the proper
authorities, handicapped persons may be excepted. These minimum
wages apply whether an employee is compensated on a time rate,
piecework, or other basis. Wages must be paid monthly or oftener
and provision is made for equitable readjustment of wages above the
minimum.
No person under eighteen years of age may be emplo3^ed. Em-
ployers must endeavor to provide continuity of employment and for
the safety and health of their employees.
ECONOMIC EFFECTS OF THE CODE
The value of the products covered by the Code fell from a peak
of over nine million dollars in 1925 to eight and a half in 1929 and
to less than two million dollars in 1932. The Slate Industry is
heavily burdened by depression, by stagnant construction, by severe
losses in past years, and by rival materials. Employment has
dropped to about half the peak figure.
(298)
299
Due to these conditions, it is doubtful whether adoption of this
Code will result in a large immediate increase in employment, but
it is hoped that the stabilizing effect of the marketing provisions
will protect the present two thousand employees and with increas-
ing business permit of some increase.
The minimum wages are approximately double the present mini-
ma, and an increase in pay rolls of 25% to 30% is estimated by
the sponsors of the Code.
nNDINGS
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter :
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management ifiider adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of in-
dustries, by avoiding undue restriction of production (except as may
be temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50.000 em-
ployees ; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
aforesaid industry ; and that said association imposes no inequitable
restrictions on admission to membership therein.
300
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
Administrator.
January 22, 1934.
CODE OF FAIR COMPETITION
FOR THE
SLATE INDUSTRY
Article I — Purpose
To effectuate the policies of Title I of the National Industrial Re-
covery Act and for the purpose of conserving a natural resource in
rehabilitating the Slate Industry and enabling it to do its part toveard
the restoration and maintenance of highest practical degree of public
welfare, the following provisions are established as a Code of Fair
Competition for that Industry, and shall be the standards of fair
competition for that Industry and binding upon every member
thereof.
Article II — Definitions
Section 1. The term " Slate Industry " or " Industry " as used
herein means and includes the quarrying and selling, the processing
and selling and/or the selling by agencies set up and controlled by
a quarrier or group of quarriers of slate and slate products (excepting
slate granules) and such related branches or subdivisions thereof as
may from time to time be included iinder the provisions of this
Code by the President after such notice and hearing as he may
prescribe.
Sec. 2. Division of Industry. The terms " Division of Industry ''
or ''Division '■ shall mean and include the following: (1) The Slate
Roofing Division, which deals with slate used for roofing purposes;
(2) The Structural and Electrical Division, which deals with slate
used for structural and electrical purposes; (3) The Blackboard
Slate Division, which deals with slate used for blackboard purposes,
and also such other divisions as may be hereafter established.
Sec. 3. Regions. The term " Region " shall mean and include
the followinfr areas: (1) The Maine region, Avhich shall include the
State of Maine; (2) The New York-Vermont region, which shall
include the States of New York and Vermont; (3) The Pennsyl-
vania-Maryland region, which shall include the States of Pennsyl-
vania and Maryland, and (4) The Virginia region, which shall
include the State of Virginia; (5) other regions or areas in which
quarries are worked or may be hereafter developed shall be included
hereunder.
Sec. 4. District. The term " District '" shall mean and include a
locality in which one or more quarries are working the same or
adjacent veins producing substantially the same kind of slate.
(301)
302
Sec. 5. The term " employee " as used herein includes anyone ex-
cept a member of the industry engaged in the Slate Industry in any
capacity receiving compensation for his services, irrespective of the
nature or method of payment of such compensation.
Sec. G. The term " emplo3''er " as used herein includes anj'^one by
whom any such employee is compensated or employed.
Sec. 7. The term " member of the industry " includes anyone en-
gaged in the Slate Industry as above defined, either as an employer
or on his or its own behalf.
Sec. 8. The terms " President ", "Act ", and "Administrator " as
used herein shall mean, respectively, the President of the United
States, the National Industrial Recovery Act, and the Administrator
of saicl Act.
Sec. 9. The terms " Code Authority ", " Division Committee ", and
" District and Regional Committees " as used herein shall mean the
administrative agency or agencies established pursuant to this Code
as hereinafter provided.
Sec. 10. The term " member of the Code " includes any member of
the Industry who shall expressly signify assent to this Code.
Article III — Hours
Section 1. Maximum Hours. No employee shall be permitted to
work in excess of forty (40) hours per week averaged over any six
(6) months' period, forty-five (45) hours in any one (1) week, nine
(9) hours in any one (1) day, or six (6) days in any seven (7) day
])eriod except as herein provided.
Sec. 2. Exceptions. These maximum hours fixed in Section (1)
.shall not apply to :
(a) Employees on emergency maintenance or emergency repair
work, involving break-downs or protection of life or property, but
such emploj^ees shall be paid one and one third (l^/s) times the
hourly rates for time in excess of nine (9) hours per day or forty-
five (45) hours per week.
(b) Slateloaders, shipping clerks, truck drivers, firemen, and
watchmen, provided, however, that they shall not be permitted to
work in excess of fifty-six (56) hours in any one (1) week.
(c) Persons engaged in managerial or executive capacity who
receive not less than thirty dollars ($30.00) per week.
(d) Persons engaged as traveling salesmen.
Sec. 3. Combined Time. No employer shall knowingly permit
any emploj'ee to Avork for any time which when totaled with that
already performed with another employer or employers exceeds the
maximum permitted herein.
Article IV — ^Wages
Section 1. Minimum wage. No employee except watchmen shall
be paid at less than the rate of thirty-five cents (35iji) an hour,
except that in Virginia employees may be paid at not less than the
rate of thirty cents (30^) an hour.
Sec. 2. Piecework. This article establishes a minimum rate of pay
regardless of whether an employee is compensated on a time rate,
piecework or other basis.
303
Sec. 3. Readjustment of Wages. Unless such readjustment has
already been made because of the operation of the President's Ke-
employment Agreement, the wage rates of all employees receiving
more than the minimum rates prescribed above, but less than thirty-
five dollars ($35.00) per week, shall be equitably readjusted.
Sec. 4. Watchmen. Watchmen shall not be paid less than at a
rate of fifteen dollars ($15.00) per week.
Sec. 5. Payment. All wages shall be paid in lawful currency or
by negotiable check, at least once a month. These wages shall be
exempt from any payments for pensions, insurance or sick benefits,
other than those voluntarily paid by the w^age earners, or required
by law.
Sec. 6. Handicapped Persons. A person whose earning capacity
is limited because of age or physical or mental handicap may be em-
ployed on light work at a wage below the minimum established by
this Code if the employer obtains from the State Authority desig-
nated by the United States Department of Labor a certificate author-
izing his emploj'ment at such wages and for such hours as shall be
stated in the certificate. Each employer shall file with the Code
Authority a list of all such persons employed by him.
Article V — General Labor Provisions
Section. 1. Rights of Labor, (a) 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
actiWties for the purpose of collective bargaining or other mutual
aid or protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization
of his own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Sec. 2. Child Labor. Employers shall not employ any persons
under eighteen (18) years of age.
Sec. 3. State Laws. Within each state no provisions of this Code
shall supersede any laws of such state imposing more stringent re-
quirements regulating the age of employees, wages, hours of work,
or health, fire, or general working conditions, than under the Code.
Sec. 4. Company Homes and Stores. Employees other than
maintenance or supervisory men or those necessary to protect the
property shall not be required as a condition of employment to
live in homes rented from the employer or to trade at the store
specified by the employer.
Sec. 5. Safety and Health. Each employer will use his best en-
deavor to so administer work in his charge as to provide a maxi-
mmu practicable continuity of employment of his employees, and
for their safety and health during the hours of their employment.
304
Sec. 6. Reclassification. No employer shall reclassify employees
or duties of occupations performed or engage in any other subter-
fuge for the purpose of defeating the provisions of the Act or of
this Code.
Sec. 7. Posting. — All employers shall post complete copies of this
Code in conspicuous places accessible to employees.
Article VI — Marketing Practices
Section 1. Open Price Policy. — (a) Within twenty (20) days
after approval of the code by the President all members of the
Industry shall publish, and from time to time thereafter, as condi-
tions require, may revise their price lists, including list prices, terms
of delivery, and cash discounts, together with trade discount sheets
applying to each class of customer, for each recognized standard
classification of slate and slate products which they offer for sale.
They shall deliver such price lists and trade discount sheets and
revisions thereof to the Slate Industry Code Authority ten (10) days
in advance of the effective date thereof, unless the Slate Industry
Code Authority shall authorize a shorter period. Sufficient copies
of such price lists, and revisions thereof, together with discount
sheets and any changes therein, with notice of effective date specified,
shall be delivered to the Code Authority to permit of immediate
sending of same to all known Members of the Industry, selling the
same slate products, who thereupon may file, if they so desire, revi-
sions of their price list and/or discount sheets to meet the price first
filed which shall become effective upon the date when the revised
price list or discount sheet first filed goes into effect.
(b) No Member of the Industry shall sell directly or indirectly
by any means whatsoever any product of the industry covered by
the provisions of this Article at a price lower or at discounts greater
or on more favorable terms of payment than those provided in his
current price lists and trade discount sheets for respective classes of
customers.
Sec. 2. No Member of the Industry shall by means of any secret
rebate, special discount or by selling or offering for sale nonstandard
grades, sizes, dimensions or classifications of slate and slate products,
or other means attempt to violate or evade the terms of the Code set
forth in this Article,
Sec. 3. Liquidation of Stocks. Inventories of slate which must be
liquidated by any Member of the Industry may be sold at such prices
as are necessary to move slate into buyers' hands ; however, all such
stocks must be reported to the Slate Industry Code Authority and
disposed of subject to the approval of that Authority.
Sec. 4. Selling Below Cost, (a) Except as specified in Section
3 of this Article no Member of the Industry shall sell or exchange
any slate or slate products at a price or upon such terms or condi-
tions as will result in the jmrchaser paying for such product less than
the average district cost of that Member of the Industry's district for
that product.
(b) The metliods of determining, and the agencies who determine,
the average district cost shall be established by the Code Authority
305
subject to the approval of the Administrator ; but in computing the
average district costs from individual members' cost records the costs
of at least that 40% of the Members of the Industry of each par-
ticular district having the highest costs shall be excluded. Until his
average district cost is available, no Member of the Industry shall
sell or exchange any product below his own individual cost, com-
puted by accounting methods established by the Code Authority and
approved by the Administrator, except to meet the competition of a
Member of the Industry having a lower cost for the same product.
(c) The Code Authority shall establish a uniform method of
accounting suitable for the Industr}^ subject to the approval of the
Administrator. Each Member of the Industry shall use a cost ac-
counting system at least as detailed as that so established by the Code
Authority. But the determination of a Member's average cost for the
purposes set forth in Subsections (a) and (b) of this Section shall
not include : depreciation, interest on capital, and reserves for con-
tingencies, or other purposes.
(d) The provisions of this Article shall apply to all stocks of
Members of the Industry now on hand, as v/ell as to future produc-
tion, except that all contracts for delivery of slate entered into prior
to the approval of this Code by the President shall l)e executed as
per agreed terms, unless by voluntar}^ agreement the contracting
parties set new terms.
Sec. 5. Sales Terms and Conditions. — (a) All members of the In-
dustry shall adopt and maintain such uniform credit and contract
terms and other uniform, fair, and equitable sales practices as estab-
lished by the Code Authority with the approval of the Administrator.
(b) Within ten (10) days after the effective date of this Code,
each Member of the Industry shall publish and file with the Code
Authority all qualifications which have been established by him to
determine the prices, terms, or conditions of sale made applicable
by him to the different classes of his trade or customers, for products
covered by this Code. He shall publish and file promptly with the
Code Authority any changes made by him in such qualifications and
any additional qualifications.
(c) Each member shall file at such times, in such manner, and at
such places as may be designated by the Code Authority the names
and locations of all direct sales agents, branch offices, commission
representatives, and salesmen with whom they have contracted for
sale of their product.
Article VII — Administration
A Code Authority is hereby constituted to administer this Code
in accordance with the provisions of the Act.
Section 1. Organization and constitution of the Code Authority.
(a) The Code Authority shall consist of the President of the
National Slate Association, from time to time in office, two (2)
individuals from each division of the industry elected by and from
members of the Code in each respective division by a fair method
of selection approved by the Administrator. But in no event, so long
as there are only three (3) divisions, shall the division representatives
on Code xVuthority consist of more than three (3) from the Pennsyl-
306
vania-Maryland Region or two (2) from the New York-Vermont
Region, or one (1) from the Maine Region, When matters pertain-
ing to the roofing-slate division of the Industry are brought before
the Code Authority an individual elected by and from the members
of the Code in the Virginia Region shall sit with the Code Authority
with full voting power. The Administrator, in his discretion, may
appoint not more than three (3) additional members, without vote, to
represent the Administrator or such groups or interests as he may
specify or approve, to serve for terms of twelve months.
(b) In each region there shall be selected, by methods approved
by the Administrator, such regional and district committees as may
be required, to assist the Code Authority in the administration of the
Code under such regulations as the Code Authority may provide.
(c) The National Slate Association shall: (1) Impose no inequi-
table restrictions on membership, and (2) submit to the Adminis-
trator true copies of its articles of association, bylaws, regulations,
and any amendments when made thereto, together with such other
information as to membership, organization, and activities, as the
Administrator may deem necessar}^ to effectuate the purposes of the
Act.
(d) In order that the Slate Industry Code Authority shall at all
times be truly representative of the Industry and in other respects
comply with the provisions of the Act, the Administrator may pro-
vide such hearings as he may deem proper ; and thereafter if he shall
find that the Slate Industry Code Authority is not truly represen-
tative or does not in other respects comply with the provisions of
the Act, may require an appropriate modification in the method of
selection of the Slate Industry Code Authority.
Sec. 2. Powers and Duties. The Slate Industry Code Authority
shall have the following auties and powers to the extent permitted
by the Act, subject to the right of the Administrator on review to
disapprove any action taken by it.
(a) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein and to pay such trade associations and agencies the cost
hereof, provided that nothing herein shall relieve the Code Au-
thorit}^ of its duties or responsibilities under this Code and that
such trade associations and agencies shall at all times be subject
to and comply with provisions hereof.
(b) To obtain from members of the industry such information
and reports as are required for the Administration of the Code and
to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such administrative and/or gov-
ernment agencies as the Administrator may designate; provided
that nothing in this Code shall relieve any member of the industry
of any existing obligations to furnish reports to any government
agency. No individual reports shall be disclosed to any other mem-
bers of the industry or any other party except to such governmental
agencies as may be designated by the Administrator.
(c) The Code Authority may designate a planning board or com-
mittee whose function and duties shall be the betterment of the In-
307
(liistry, tlii'oiigh improvement of conditions within the Industry and
throiif^h cooperative action with other industrial oroups, subject to
the approval of tlie Code Authority.
(d) The Code Authority, upon its own initiative, upon request of
the Administrator, or upon complaint in writing by an interested
party or group, may make such inquiries or investigations as may be
necessary to administer effectively the provisions of this Code,
(e) INIembers of the Industry shall be entitled to participate in
and' share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its initiation and admin*
istration. The reasonable share of the expenses of its initiation and
administration shall be determined by the Code Authority, subject
to review by the Administrator, on the basis of volume of business
and/or such other factors as may be deemed equitable to be taken
into consideration.
(f) Any interested party shall have the right of complaint to
the Code Authority and a prompt hearing and decision thereon, under
such rules and regulations as it shall prescribe, in respect to any
act of any agent or agency designated by the Code Authority to act
in its behalf.
(g) Nothing contained in the Code shall be deemed to constitute
any of the members thereof partners for any purpose. No member
of the Code shall be liable in any manner to anyone for the act of
any member or agent of the Code Authority performed pursuant to
the provisions of this Code. No member of the Code and no member
or agency of the Code Autliority shall be liable to anyone or in any
manner other than as provided in the act, or in the Code, for any
act performed in accordance with, or for any failure to act required
b}^, the provisions of the Code.
Article VIII — Trade Practices
The following practices constitute unfair methods of competition
for members of the Slate Industry and are prohibited :
Section 1. False Marking or Branding. — The false marking or
branding of any product of the Slate Industry which has the tend-
ency to mislead or deceive customers or prospective customers,
whether as to the grade, quality, quantity, substance, character, na-
ture, origin, size, finish, or preparation of any product of the Slate
Industry.
Sec. 2. Misrepresentation or False or Misleading Advertising. —
The making or causing or knowingly permitting to be made or pub-
lished any false, materially inaccurate, or deceptive statement by
way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the Slate Industry or the credit terms,
values, policie,s, or services of any member of the Slate Industry,
having the tendency or capacity to mislead or deceive customers or
prospective customers.
Sec. 3. Commercial Bribery. — No member of the Industry shall
give, permit to be given, or directly offer to give, anything of value
308
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agent or the
represented party, without the knowledge of such employer, prin-
cipal or party. Commercial bribery provisions shall not be con-
strued to j)rohibit free and general distribution of articles commonly
used for advertising except so far as such articles are actually used
for commercial bribery as hereinabove defined.
Sec. 4. Interference with Contractual Relations. Maliciously in-
ducing or attempting to induce the breach of an existing oral
or written contract between a competitor and his customer or source
of supplj?^, or interfering with or obstructing the performance of any
such contractual duties or services.
Sec. 5. Secret Rebates. The secret payment or allowance of re-
bates, refunds, commissions, credits, or unearned discounts, whether
in the form of money or otherwise, or the secret extension to certain
purchasers of special services or privileges not extended to all pur-
chasers on like terms and conditions.
Sec. 6. Defamation. The defamation of competitors by falsely
imputing to them dishonorable conduct, inability to perform con-
tracts, questionable credit standing, or by other false representations
or by the false disparagement of the grade or quality of their goods.
Sec. 7. Substitution. The furnishing of slate not suitable for a
purpose ordered or the shipping of products which do not conform
to the samples submitted or representations or change in specification
upon which order was placed, made prior to securing the order, with-
out the consent of the purchaser to such substitution.
Sec. 8. Espionage of Competitors. Securing confidential infor-
mation concerning the business of a competitor by a false or mis-
leading statement or representation, by a false impersonation of one
in authority, by bribery, or by any other unfair method.
Sec. 9. infringement of Patents. Imitating trade marks, trade
names, slogans, or other marks of identification of competitors and
the appropriation of catalog and advertising forms, constitute a vio-
lation of this Code.
Sec. 10. To aid and abet the practice known as "" bid peddling."
Sec. 11. Consigned Goods. The shipping of slate or slate prod-
ucts on consignment.
Sec. 12. Other Unfair Practices. Nothing in this Code shall limit
the effect of any adjudication by the Courts or holding by the Fed-
eral Trade Commission on complaint, finding, and order, that any
practice or method is unfair, providing that such adjudication or
holding is not inconsistent with any provision of the Act or of this
Code.
Sec. 13. As far as possible, employers in the Slate Industry will
promote employment by following the Simplified Practice Recom-
mendations of the Department of Commerce R13-28 on Structural
Slate, R14-28 on Roofing Slate, and R15 on Blackboard Slate, in
their production and sales promotion efforts and endeavor to have
hpecifiers of slate require the sizes provided in these recommen-
dations.
309
Article IX — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with tho
provisions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said Act,
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
Sec. 2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances or
supplemented to meet marketing needs of this natural-resource indus-
try, such modification to be based upon application to the Adminis-
trator and such notice and hearing as he shall specify, and to become
effective on approval of the President.
Article X — Monopolies, Etc.
No provisions of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase real purchashig power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases should be delayed and that, when made, the same should,
so far as reasonably possible, be limited to actual increases in the
seller's costs.
Article XII — Effective Date
This Code shall become effective ten (10) days after its approval
by the President.
Approved Code No. 218.
Registry No. 1023-19.
O
Approved Code No. 219
CODE OF FAIR COMPETITION
FOR THE
BEDDING MANUFACTURING INDUSTRY
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
BEDDING MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition for the Bedding Manufacturing Industr}', and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. G543-A, dated December
30, 1933, and otherwise: do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the i^ertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industnal Recovery^
Approval Recommended.
W. A. Harrimax,
D ivisio n A amhiistrator.
Washingtox, D.C,
January 33, 193^.
(311)
35259° 313-109 34
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the Bed-
ding Manufacturing Industry as revised after a public hearing held
on November 9, 1933, in accordance with the provisions of the
National Industrial Recovery Act.
LABOR PROVISIONS
Provision is made for a forty-hour week, except that employees
may work 48 hours a week during any eight (8) weeks in any six (6)
months' period. Exceptions are provided for travelling salesmen,
employees engaged in emergency maintenance or emergency repair
work, and for persons employed in a managerial, supervisory, or
executive capacity who earn not less than thirty-five ($35.00) dollars
a week. A tolerance of 10% is permitted for firemen, engineers,
truck drivers, and shipping crews. Watchmen may be permitted to
work no more than an average of forty-eight hours a week and in no
week over fifty-six hours.
No employee shall receive a lesser wage rate than is required to
provide the same earnings for forty hours of labor per week as was
received for that class of work for the longer work week prevailing
prior to June 1, 1933. A minimum rate of thirty-five (35^) cents
per hour is provided for employees in the North and thirty (300)
cents per hour for employees in the South. Apprentices, who may
be employed for a period of not more than ninety days, shall receive
not less than 80% of the minimum, and the number of apprentices
shall at no time exceed 5% of the total employees. No employee
may serve more than one apprenticeship in the industry. Persons
whose earning capacity is limited because of age or physical or men-
tal handicap may be employed on light work at wages lower than the
minimum, provided the employer obtains from a state authority a
certificate authorizing such employment.
No person under the age of 16 years may be employed in the
industry, nor anyone under the age of 21 years at operations or
occupations hazardous in nature or detrimental to health. The
provisions of Section 7 (a) of Title I of the Act are included. It
is provided that within each State the Code shall not supersede any
laws of the State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or general working conclitions than under the Code. Employ-
ers may not reclassify employees or duties of occupations so as to
defeat the purposes of the Act. Employers must post complete
copies of the Code in conspicuous places accessible to employees.
All labor provisions of this Code are made subject to review by
the Administrator and modification after July 1, 1934.
(312)
313
ECONOMIC EFFECT OF THE CODE
According to the report of the Division of Economic Research
and Planning, the weighted average of hours of work by employees
in the Bedding Manufacturing Industry in 1929 was 49.3 hours a
week. However, it was frequently the practice in that year to
work employees as many as 60 to 72 hours a week, and even during
the dull season as many as 45 hours a week. As a result of the
40-hour week provision in the code, members of the Industry esti-
mate that the Industry will reemploy all of its workers based on
1929 employment figures and probably as many as from 7 to 10%
more than were emplo5^ed during the peak of 1929. Employment in
the Industry on June 1, 1933, was approximately 21% less than
employment during the peak of 1929. The total increase in employ-
ment in the Industry because of the provisions of the Code will
be from 28 to 31% over the employment on June 1, 1933. As a
result of this Code, minimum wages in the Southern territory will
be approximatel}^ double the minimum rates which were paid on
June 1, 1933. In the North, the average wage increase to emploj^ees
receiving the minimum will be nearly 50%. Employers estimate
that their total payrolls will be increased by from 60 to 120%, not
only because of the increase in the minimum rate and a reduction in
the hours of employment, but also because of the provision that no
employee may receive less for the 40-hour week than he received
for the longer week prevailing before June 1, 1933.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter ;
I find that :
(a) Said Code is well designed to promote the policies and ]3ur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally emploj's not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
314
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
Administrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
BEDDING MANUFACTURING INDUSTRY
ARTiciiE I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as the Code
of Fair Competition for the Bedding Industry and shall be the
standard of fair competition for such industry and shall be binding
upon every member thereof.
Article II — Definitions
1. The term " industry " as used herein, includes the manufacture,
remaking, repairing, or renovating of mattresses, pillows, box
springs, studio couches (^the principal components of which are
springs, mattresses, and pillows), metal beds, metal and wood cribs
and cots, metal bed springs, and gliders; provided, however, that
this definition shall not include any retail furniture or department
store which, incidental to the operation of such business, repairs, re-
makes, or renovates for customers a bedding product previously
sold by such store to such customer; provided further, that organi-
zations or groups of manufacturers representing branches or sub-
divisions thereof may become parties to or be exempted from this
Code on approval by the Administrator.
2. The term " bedding " as used herein includes the products
stated above.
3. The term " employee " as used herein, includes anyone engaged
in the industry except a member of the industry in any capacity
receiving compensation for his services, irrespective of the nature
or method of payment of such compensation.
4. The term " employer " as used herein includes anyone by whom
such employee is compensated or employed.
5. The term " member of the industry " as used herein includes
anyone engaged in the industry as above defined, either as an
employer or on his own behalf.
6. The "South" as used herein includes the following States:
"Virginia, West Virginia, North Carolina, South Carolina, Georgia,
Florida, Kentucky, Maryland, District of Columbia, Tennessee, Ala-
bama, Mississippi, Arkansas, Louisiana, Texas, and Oklahoma. The
" North " includes the remaining States of the United States.
7. The terms " President ", "Act ", and "Administrator ", as used
herein, shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Administra-
tor for Industrial Recovery.
(315)
816
Article III — Hours
I. No employee shall be permitted to work in excess of 40 hours
per week except that any employee may work 48 hours a week dur-
ing any 8 weeks in each six months' period. The aforesaid maximum
hours are subject to the following exceptions :
(a) The provisions of this Article shall not apply to travelling
salesmen, or to employees engaged in emergency maintenance or
emergency repair work, or to persons employed in a managerial,
supervisory, or executive capacit}^ who earn not less than thirty-five
dollars ($35.00) per week, (b) A tolerance of 10% upon the hours
specified above is permitted for firemen, engineers, truck drivers, and
shipping crews, (c) Watchmen shall not be permitted to work more
than an average of 48 hours a week over a two weeks' period, and in
no week over 56 hours.
Article IV — Wages
1. No employee shall receive a lesser rate than is required to pro-
vide the same earnings for 40 hours of labor per week as was re-
ceived for that class of work for the longer work week prevailing
prior to June 1, 1933 ; provided, however, that no factory employee,
whether remuneration is based upon an hourly or piecework or incen-
tive plan, shall receive less than a minimum of thirty cents per hour
in the South, and thirty -five cents per hour in the North; and fur-
ther providing that all other employees whose remuneration is based
upon a weekly or monthly rate shall receive not less than a minimum
of $15.00 per week.
The above minimum wages shall not in any way be considered as
a discrimination by reason of sex and where in any case women do
substantially the same work or perform substantially the same duties
as men they shall receive the same rate of wage as men receive for
doing such work or performing such duties.
2. Apprentices witliout previous experience in bedding work may
be employed at a minimum wage of 80% of the above requirements
for a period of not more than ninety days; provided, however, the
number of such beginners employed by a member of the industry
shall at no time exceed 5% of his total employees; provided further,
no employee may serve in the bedding industry more than one
apprenticeship within the above provisions.
3. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
A. Any member of the industry who does substantially the same
work performed by any employee of the industry, shall be subject
to all of the hour and wage provisions of Articles III and IV hereof.
317
Article V — General Labor Provisions
1. No person under 16 years of age shall be employed in the indus-
try, nor anyone under 21 years of age at operations or occupations
hazardous in nature or detrimental to health. The Code Authority
shall submit to the Administrator a list of such occupations within
30 days after the effective date hereof. In any State an employer
shall be deemed to have complied with this provision if he shall have
on file a certificate or permit duly issued by the authority in such
State empowered to issue employment or age certificates or permits,
showing that the employee is of the required age.
2. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free "from the interference, restraint, or coercion of empWers 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.
3. No employee and no one seeking emplo3'ment shall be required
as a condition of employment to join aiw company union or to refrain
from joining, organizing, or assisting a labor organization of his own
choosing, and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or ireneral workino- conditions than under this Code.
6. Em])loyers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the Act.
7. All employers shall post complete copies of this Code in con-
spicuous places accessible to employees.
8. For the general protection of all employees as well as those
engaged in renovating used materials, every employer shall make
reasonable provision for the safety and health of his emplo3'ees at
the place and during the hours of their employment. Standards
for safety and health shall be submitted by the Code Authority to
the Administrator for approval within six months after the effective
date of this Code.
A. The provisions of Articles III. IV, IV (a), and V are subject
to the Administrator's review and modification after July 1, 1934,
on such showing of facts as he may require and after reasonable
opportunity for the Code Authority to be heard.
Article VI — Administration
1. To further effectuate the policies of the Act, twe Board of Trus-
tees of the National Association of Bedding Manufacturers is hereby
designated the Code Authority to administer, supervise, and promote
the performance of the provisions of tliis Code by members of the
industry and to cooperate with the Administrator.
.S52 59 " 3 1 3-109 34 2
318
2. Any bedding manufacturer is entitled to membership in the
Association and to participate in the selection of members of the
Code Authority by assenting to and complying with the requirements
of this Code. Each member of the Association shall pay his propor-
tionate share of the expenses of the preparation and administration
of this Code. Such costs and expenses shall be defrayed as follows:
Until December 31, 1934, each member shall pay to the Association
on an annual basis the sum of five dollars, plus an amount equal to
1/20 of 1% of such bedding manufacturer's 1931 total sales, and for
each calendar year thereafter the same percentage of the total sales
of such manufacturer for the previous calendar year. In the event
that such payments shall not raise a sum sufficient to meet the fore-
going purposes, the Code Authority shall have power to levy an
assessment on all members, based upon sales volume as aforesaid for
the amount required. These payments and assessments shall be
subject to change at the requirement of the Administrator.
Each bedding manufacturer Avho is not a member of the Associa-
tion shall pay a sum representing his proportionate share of the
expenses of the administration of this Code upon the same basis,
and at the same times, and shall make the same reports, as are
required to be made by members of the Association.
It is expressly understood that the income of the Association de-
rived from such payments or assessments shall be used by the Code
Authority exclusive!}' for the purposes hereinabove set forth.
No bedding manufacturer who does not assent to the provisions of
this Code shall have any right to participate either in the benefits of
the Association or the selection of members of the Code Authority.
3. The Code Authority may appoint such agents or special or gen-
eral committees from among the members of the Association for the
purposes of this Code as it may decide, subject to such regulations
as the Administrator may require. The Government is to i)e rcpi'e-
sented on the Code Authority by one to three members without vote
and Avithout expense to the industry to be appointed by the Admin-
istrator for terms of from six months to one year, the terms of
appointment to be arranged so that they do not expire at the same
time.
4. In order that the Association shall at all times be truly repre-
sentative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper, and thereafter, if he shall find that the
Association is not truly representative, or does not in other respects
comply with the provisions of the Act, the Administrator may re-
quire a modification in method of selection of members of the Code
Authority.
5. (a) For the administration of this Code the bedding industry
of the country shall be divided into zones, districts, and regions long
established b}' the industry through the Better Bedding Alliance of
America, based upon commercial centers, competitive characteris-
tics, and living and working conditions. These zones are for refer-
ence shown as Exhibit ''A" attached hereto. Districts and regions
are as shown in the Bylaws of the Association. The boundanc of
the zones, regions, and districts may from time to time be changed
or modified by the Code Authority,
819
(b) There shall bo a National Board of Zone Directors and, for
the pillow division and the glider division, respectively, National
Boards of District Chairmen. These Boards shall make such recom-
mendations as they deem advisable to the Code Authority, including
amendments to this Code.
If any recommendation of the Board of Zone Directors or of the
Boards of District Chairmen concerning amendments to this Code,
is disapproved or modified by the Code Authority, such original rec-
ommendation shall be referred back to the originating Board with
reasons for disapproval or modification, but if such original recom-
mendation is then passed by a two-thirds vote of the entire Board
of Zone Directors or, with respect to matters relating exclusively to
the Pillow or Glider Divisions, by a four-fifths vote of their respec-
tive Boards of District Chairmen, such action shall be effective and
final the same as if it had the approval of the Code Authority.
Otherwise, the action of the Code Authority on any such recom-
mendation shall be effective and final.
6. At meetings of such National Boards, each Zone Director or
District Chairmen shall be authorized to act for the members of his
Zone or District, respectively.
7. A Government Contact Committee shall be appointed by the
Code Authority and shall conduct all communications and confer-
ences of the bedding industry with the President, or with his agents,
concerning the approval of this Code or the approval of any amend-
ments thereof.
8. The Board of Zone Directors or the respective Boards of Dis-
trict Chairmen of the pillow or glider divisions, may submit rules
and regulations necessary for the effective administration and en-
forcement of this Code to the Code Authority and upon their adop-
tion and approval by the Code Authority such rules and regulations
shall be submitted to the Administrator for approval.
9. To supply data needed for the administration of this Code, each
member of the industry shall furnish to the Secretary of the Associa-
tion such reports or statistics as may be deemed necessary for that
purpose by the Code Authority or by the Board of Zone Directors or,
with respect to the Pillow or Glider Divisions by their respective
Boards of District Chairmen, such reports at all times to be open to
inspection of the Administrator. All such individual reports or sta-
tistics shall be kept confidential as to source by the Association Sec-
retary, and he shall disclose no source of information without the
consent of the source, except as may be required by the Adminis-
trator.
10. In addition to the information required to be submitted to the
Association, there shall be furnished to the Government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
11. Violations and Complaints, (a) The Code Authority shall
appoint a National Grievance Committee of three or more members,
designating one as Chairman, who shall consider in the manner here-
inafter provided, complaints involving claimed violations of any of
the provisions of this Code. No member of the National Grievance
Committee may be a member of either a Zone or Kegional Grievance
Committee.
320
(b) Each Regional Coordinator shall appoint from among the
members within his Region a Regional Grievance Committee of
three or more members, and shall designate the Chairman of such
Committee.
(c) Each Zone Director shall appoint from within his Zone, a
Zone Grievance Committee of three or more members, designating
one as Chairman of said Committee.
(d) If any member of the industry shall violate this Code and
should complainant and defendant both be located in the same Zone,
accusation thereof shall be made to the Grievance Committee of that
Zone. The Chairman of the Grievance Committee shall thereupon
call a meeting of said Committee to investigate and consider the
case. If by majority vote they decide that the facts appear to
warrant such action, they shall report their findings to the Regional
Grievance Committee of the Region in which said Zone is located,
for its review. The Regional Committee shall then consider the case
and if by majority vote they find that the facts warrant such action
they may report the facts to the proper government authority for
prosecution.
(e) If any member in one Zone shall have cause of complaint for
violation of this Code against a member of the industry in another
Zone, and should both Zones be located within the same Region, accu-
sation thereof shall be made to the Regional Grievance Committee
of that Region. The Chairman of said Committee shall thereupon
call a meeting of the Committee to investigate and consider the case.
And if by majority vote said Regional Committee finds that the facts
warrant such action, they may report the facts to the proper govern-
ment authority for prosecution.
(f ) In case o^ complainant and defendant hereunder being located
in different Regions, accusation shall be made to the National Griev-
ance Committee. The Chairman thereof shall thereupon call a meet-
ing of the Committee to investigate and consider the case. If by
majority vote they find that the facts warrant such action they may
report the facts to the proper government authority for prosecution.
(g) No member of any Grievance Committee shall sit on a case
in which he is involved. In such case he shall temporarily be re-
placed by a new Grievance Committee member, appointed by the
authority delegated hereunder to appoint the members of such
Grievance Committee.
12. Section 11 of this Article shall not apply to the Pillow Divi-
sion. Complaints of violations within said Division shall be handled
as follows :
(a) Each District Chairman of the Pillow Division shall appoint
two members out of his district, who will serve with him as a com-
mittee of three to hear all complaints of violations of this Code and
if a defendant against whom the complaint is made is deemed to be
guilty of the offense charged, the matter shall be referred to the
National Board of District Chairmen. If the National Board shall
deem the accused guilty, they may report the facts to the proper
government authority for prosecution.
(b) In case one of the members of the Committee is the accused,
a substitute is to be appointed from the membership in that district.
321
This substitute shall be appointed by the two other members of the
Committee.
13. The Code Authority shall have authoritj^ to review, disapprove,
or modify if it so decide, the action of any board or committee pro-
vided for in this Code ; and any action of the Code Authority shall
be subject to the review and disapproval of the Administrator,
14. Blue Eagle or Other Insignia. Upon assenting to the pro-
visions of this Code and becoming thereby a member of the Asso-
ciation, any member of the industry shall be entitled to display the
Blue Eagle and such official emblem for use after December 31,
1933, as may be then authorized, and, subject to the approval of the
Administrator, together with such official emblem, to display such
authorized insignia of the Association as shall be promulgated and
adopted by the Code Authority thereof. The privilege of using the
Blue Eagle or such official emblem and approved insignia may be
withdrawn and cease or may be suspended in respect of any such
member of the Industrj' whose operations, after the hearings here-
inabove provided for imder terms of this Article before the proper
grievance committee and approval by the Administrator, shall be
found to be in substantial violation of this Code. The Code Au-
thority may establish appropriate rules, regulations, and machinery
for the issuance of labels or other methods of use of such emblem
or insignia in accordance with the foregoing provisions, upon ap-
proval by the Administrator.
The charge made for such label or other insignia by the Code
Authority shall at all times be subject to supervision and orders of
the Administrator and shall be not more than an amount necessary
to cover the actual reasonable cost thereof, including actual print-
ing, distribution, and administration and supervision of the use
thereof as hereinabove set forth.
Article VII — Trade Practices
The following rules set forth below in Part One of this Article
shall apply from the effective date of this Code to all members of the
industry and any infraction thereof shall constitute an unfair method
of competition and may serve as the basis of complaint before the
appropriate grievance committee as hereinbefore provided:
PART ONE
1, Second-Hand Material. — No member of the industry shall use
second-hand or previouslj^ used material in the manufacture of bed-
ding. Renovate and repair work on bedding not for resale is per-
mitted, but if on such work added material is needed, such added
material shall not contain any previously used material.
The terms " second-hand " or " previously used " material as used
herein mean (a) any material which has been used in the manufac-
ture of another article or used for any other purpose; (b) any
material made into thread, yarn, or fabric, and subsequently torn,
shredded, picked apart, or otherwise disintegrated, (They do not
include metals re-rolled under " white-heat " or byproducts obtained
from the machining of new cotton.)
322
Any member of the industry who receives bedding for renovation
or repair shall keep attached thereto from the time received, a tag
on which is legibly written the date of receipt and the name and
address of the owner thereof.
2. Inspection. — To insure proper labeling of products, every place
where bedding is made, remade, renovated, or sold by a member of
the industry shall be subject to inspection by inspectors authorized
by the Code Authority, and each member of the industry shall freely
permit such inspection.
When such inspector has evidence for belief that said bedding is
not tagged as required hereunder, he shall have authority to open a
seam of such bedding to examine the filling ; and he shall have power
to seize and hold for evidence any such bedding possessed or offered
for sale which is improperly and untruthfully labelled.
3. Tagging. — No member of the industry shall sell a mattress, pil-
low, box spring, glider, or studio couch to which is not securely sewn
by at least one edge a cloth or cloth -backed tag at least 2x3 inches
in size; and upon said tag shall be legibly stamped or printed in Eng-
lish on the face of said tag (a) the name of the materials used to fill
such bedding; (b) the name and address of the maker or vendor of
the bedding; (c) in letters at least one eighth inch high, the words
" Remade or Renovated Bedding " if such bedding has been remade,
renovated, or repaired and is not to be resold ; or the word " Second-
hand " if such bedding has been used but not remade.
Nothing likely to mislead shall appear on said tag and it shall con-
tain all. statements required hereunder, and shall be sewed to the
outside covering of every article of such bedding before the filling is
inserted.
The name " felt " shall not be used unless the material described
has been carded in layers by a garnett machine.
4. Pillow Labelling Rules. — The following description rules shall
apply to the tagging of pillows, feathers, or down :
(a) Feather mixtures shall be designated by the name, character,
and percentage by weight of each material used, or the entire mix-
ture shall be designated by the name of the lowest grade of material
used (for example — Filling is goose and duck feathers. This mix-
ture shall be designated as goose and duck feathers and the percentage
of each stated on the tag, or the entire mixture shall be designated
as duck feathers). The term "goose feathers" or "duck feathers"
does not include curled goose quills or curled duck quills. Duck- and
chicken-feather or goose- and chicken-feather mixtures shall be so
designated and the percentage by weight of each stated on the tag,
cr the entire mixture shall be designated as chicken feathers.
(b) Material other than down, separated from feathers without
the AA'hole or a part of the quill or stem attached, shall be designated
" Feather Fiber " regardless of the fowl from which it came, except
that down filaments separated from the down cluster shall be desig-
nated as " Down."
(c) Curled or chopped feathers shall be designated by the name
of the fowl from which they came, preceded by the word " curled "
or " chopped."
(d) The term " curled " may be used only when the name of the
feather is stated. The term " curled feathers " shall not be used.
323
(e) Tlie term " clown " shall only be used to desicnate the soft
undercoatino- of a Avaterfo-wl, consisting of the light, fiiiffy filaments
grown from one quill point but without any quill shaft. The term
maj'^ be used to indicate small natural feathers which blow over with
the down in the process of separating the down from the feathers;
provided that the proportion of small feathers does not exceed ien
percent by weight. When feathers in excess of ten percent are
present, the material shall be deemed to be a " mixture " and the
name and percentage of each material in the mixture shall be stated
on the tag. The term " down '' includes all real downs and it shall
not be necessarj^ to indicate the kind of down but, if indicated on the
tag as a particular kind of down, such as " Goose DoAvn ", " Duck
Down ", " Eider Down ", etc., the material shall be as stated.
(f ) The addition to down of feather fibre. " manufactured down ",
" fake down ", or any other deliberate adulteration shall not be
permitted unless the name and percentage of the adulterant material
is stated on the tag.
(g) Except as otherwise provided, where there is more than one
material in a mixture used for filling, the name and percentage of
each material shall be stated on the tag, but to allow for uninten-
tional variations in mixtures, a variation not in excess of ten percent
from the amount stated on the tag shall not be considered as
misleading.
(Wherein a provision of the foregoing Sections 1 to 4, inclusive,
is irreconciliably in conflict Avith a State statute, such statute shall
supersede Avithin such State. It is the intent herein to preserve and
suj)plement state bedding laws.)
5. Glider Tagging. — Each glider shipped shall bear a tag con-
spicuously placed on which shall be legibly printed : " Glider covers
are not guaranteed by the manufacturer to be fade-proof, water-
proof, or crack-proof." Provided, how^ever, that if and when a
glider manufacturer submits to the Code Authority reasonable proof
that a particular covering is in fact fade-proof or water-proof or
crack-proof, the aforesaid label may in such case be appropriately
altered, upon approval of the Code Authority.
6. Inaccurate Labeling. — No member of the industry shall brand
or mark or pack any goods in any manner which is intended to or
does deceive or mislead ])urchasers with respect to the brand, grade,
quality, quantity, origin, size, substance, character, nature, finish,
material, content, or preparation of such goods.
7. Inaccurate References to Ccmpefitors. — No member of the in-
dustry shall publish advertising or make any statement which refers
inaccurately in any material particular to any conipetitors or their
goods, prices, values, credit terms, policies, or service.
8. Testi')nonials. — The obtaining and using of false and misleading
testimonials is an unfair trade practice. Any testimonial used must
be used in the manner and form as prescribed by the Federal Trade
Coui mission.
9. Selling on Consignment. — No member of the industry shall ship
goods on consignment (or approval) except under circumstances to
be hereafter defined by the Code Authority where peculiar circum-
stances of the industry require the practice.
324 .
10. Co^mmercial Espionxige. — Commercial espionage as defined and
exemplified in the rulings and decisions of the Federal Trade Com-
mission, in any form, is an unfair trade practice.
11. Inaccurate Advertising. — No member of the industry shall
publish advertising (whether printed, radio, display, or of any other
nature), which is misleading or inaccurate in any material particu-
lar, nor shall any such member 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.
12. Threats of Law Suits. — ^No member of the industry shall pub-
lish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harrassing competitors
or intimidating their customers. Failure to prosecute in due course
shall be evidence that any such threat is unwarranted or unjustified.
13. False Invoicing. — No member of the industry shall knowingly
withhold from or insert in any quotation or invoice any statement
that makes it inaccurate in any material particular.
All sales shall be invoiced at the time of shipment, and records
pertaining to such sales shall clearly and accurately state all the
essential elements of the sale. Failure to comply with these pro-
visions is an unfair trade practice.
14. Free Goods. — No salable merchandise may be delivered or
given to a customer or to a consumer (except to a bona fide charity)
without full and proper charge for same, and such charitable gifts
shall be reported to the Association Secretary within 48 hours.
Such reports maj^ be given to interested members of the industry.
15. Spiffs {Commercial Bribery). — No member of the industry
shall loan, give, permit to be given or loaned, or directly offer to
loan or give, anything of value for the purpose of influencing or
rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of such em-
ployee, the principal of such agent or the represented party, with-
out the knowledge of such employer, principal, or party; nor shall
such member permit such actions through or by his salesman. This
provision shall not be construed to prohibit free and general dis-
tribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
above defined.
16. Bonus to Promote Sale of Bedding. — In order to promote the
sale of better bedding, a bonus may be allowed on products of the
industry by the mianufacturer thereof to the dealer, provided such
dealer contracts with the manufacturer in writing to pay such bonus
as an extra incentive to his salesmen as heretofore practiced in the
industry and until terms, regulations, and conditions shall be here-
after promulgated by the Code Authority with the approval of the
Administrator.
17. G omfarison of Values. — A bedding manufacturer may not at-
tach to his product any label bearing a retail value, price, or dollar
mark more than one hundred twentj^^-five percent above the price at
which the manufacturer has sold the goods to the dealer, based on
325
the manufacturer's l.c.l. price f.o.b. factory or warehousej as the case
may be; and in case of sale to a jobber, before deducting jobber's
discount. A value, price, or dollar comparison of over one hundred
twenty-five percent above the manufacturer's price to the dealer may
not be put on any display signs, advertising signs, or other material
which is paid for by the manufacturer.
18. Samiples. — Regular selling prices must be charged on full-
sized (or standard-sized) finished products for display purposes. No
credit can be given for the return of samples, including floor sam-
ples. This applies only to samples submitted by a manufacturer
to a dealer in bedding, and not to samples submitted for contract
sales.
19. Returns amd Allowances. — No member of the industry, except
in the exercise of right arising from breach of contract, will be per-
mitted to accept the return of merchandise, for credit, exchange, or
otherwise, except where claim has been made to the dealer, within
six months after shipment by the dealer, and then only where a
defect in material or workmanship, caused by the manufacturer, has
been proved, except where permitted by clauses under " Guarantees ",
and only to the extent there permitted.
20. Interference with Contract. — No member of the industry shall
knowingly attempt to induce the breach of an existing contract be-
tween a competitor and his employee or customer or source of sup-
ply; nor shall any such member interfere with or obstruct the per-
formance of such contractual duties or services.
21. Breach of Contract. — It shall be an unfair trade practice for
a bedding manufacturer to repudiate any order or contract covering
any of his purchases.
22. Anticipation. — Granting of extra discount or interest for
anticipation of proper payment date shall not be allowed.
23. Terms. — Net terms are not to exceed 60 days from date of
shipment.
24. Cash Discount. — Cash discount shall not exceed 2% and shall
not be granted where payment is made after 30 days or 2% 10th
prox. from date of invoice. Cash discount may only be earned by
payment in cash, not in trade acceptances, notes, or otherwise.
25. Retroactive Quantity Discounts. — To grant a discount or re-
bate based on cumulative quantities purchased over a given period is
an unfair-trade practice.
26. Rebates. — The giving, at any time, of any rebate or allowance
other than as shown on a manufacturer's invoice is prohibited,
whether in money or otherwise, except as otherwise specifically
described and permitted in this Code.
27. Postdating and Predating. — Postdating or predating quota-
tions, orders, invoices, statements, or other sales documents (usually
done for the purpose of facilitating unfair competition) is an unfair
trade practice, except that on gliders, April 1st dating, may be
granted on shipments made in January, February, and March of the
same year.
28. Group Sales. — To offer purchasers or prospective purchasers a
group of products for a lump sum, but in which one or more of the
items have ostensibly been reduced in price, while another item or
326
items have been increased in price, with the purpose or effect of
deceiving prospective purchasers or injuring competitors, is an
unfair-trade practice.
29. Trade Acceptances and Notes. — It will be considered unfair
for a bedding manufacturer to accept a trade acceptance or a note in
settlement of any account due, unless such acceptance or note bears a
rate of interest of not less than 6% per annum.
30. Guarantee Against Decline. — Effective January 1, 1934, to
guarantee merchandise against decline of price is an unfair-trade
practice.
31. Guarantee Against Ad'vance. — To guarantee any purchaser or
prospective purchaser against advance in price is an unfair trade
practice, provided, however, that this shall not apply against a bona
fide order or contract covering a definite quantity and specifications
for future delivery.
32. Malfeasance hy Jobbers. — Since a substantial majority of the
products of the industry are sold direct by the manufacturer to
dealers, and since the purpose and effect of this Code of Fair Trade
Practices would be otherwise defeated, it shall be an unfair method
of competition for any member of the industry to sell his products
to a middleman standing between the manufacturer and the dealer
while sales practices condemned by this Code are used by such
middleman with the knowledge of such manufacturer. This shall
not be construed to require agreements to maintain resale prices.
PART TWO
The following rules set forth under Part Two of this Article
shall apply to all members of the industry from the effective date
of this Code and any infraction thereof shall constitute an unfair
method of competition and may serve as the basis of complaint
before the appropriate grievance committee as hereinbefore pro-
vided, but at any time subsequent to the approval of this Code, the
following rules shall be subject to review by the Administrator, and
after reasonable notice and opportunity for hearing given by him
to the Code Authority, he may, at his discretion affirm, or disapprove
any of said rules or may accept a modification thereof proposed by
the Code Authority.
1. Guarantees. — No bedding manufacturer shall make any guaran-
tee except that he may guarantee the contents to be as described by
him, and he may guarantee the product against defects of material
and workmanship for a period not to exceed six months from date of
delivery to the ultimate consumer; except that the manufacturer
may guarantee any mattress or boxspring sold on his l.c.l. or ware-
house price list for not less than $14.50, for a period of not more
than two years, during which period the manufacturer may repair
same without charge, but after which time a repair charge must be
made at actual cost but not over the rate of 20% of the manufacturer's
l.c.l. or warehouse price list for each year the article has been in use,
and the manufacturer may guarantee any mattress or boxspring
selling on his l.c.l. or warehouse price list for not less than $19.00
for a period of not more than five years, during which period the
manufacturer may rei)air same without charge ; such article may be
327
replaced during the five-year period at actual cost but not over a
charge of $3.00 per year of usage.
Provided, however, that the Code Authority may change any of
the aforesaid prices of products to which guarantees apply in the
event that changing market conditions warrant such action in the
discretion of the Code Authority. Nothing herein shall be con-
strued to relieve any member of the industry from warranties
implied by law.
2. Advertising o/' Promotional Allowances. — The giving of an
allowance, rebate, or any credit or other remuneration to a customer
for advertising or promoting in any way the sale of a manufacturer's
goods is an unfair trade practice, unless the dealer shall spend at
least an equal amount with the manufacturer, and no sum shall be
paid by the manufacturer except upon the presentation of docu-
mentary proof of the expenditure by the dealer. The documentary
proof submitted by the dealer shall, in all cases, be preserved by the
manufacturer for inspection, as directed by the Code Authority.
Provided further that no allowance, rebate, credit, or other re-
muneration shall be given when, by deducting same from the billing
price of the articles advertised or promoted, it shall bring the net
price charged by the manufacturer below cost.
Article VIII — Sales Below Cost
It is hereby declared to be the policy to be followed by all members
of the industry to refrain from destructive price cutting. It is
agreed to be to the best interests of the consumer, the individual
manufacturer, and also that of his employees, and productive of the
greatest possible economic recovery for all members of the industry
to avoid carefully the destructive economic waste caused by selling
below cost.
The Code Authority may adopt, as soon as practicable, either a
uniform cost accounting system, a reasonable and appropriate system
for the interchange of price lists among members of the industry,
or a system for determining standard minimum costs. The system
so adopted shall be binding on all members of the industry, when
approved by the Administrator. Only a violation of such approved
system shall be basis for complaint to any grievance committee under
this Article.
Article IX — Modification
1. This Code and all the provisions thereof are expressly made
subject to tlie right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time, to cancel or modify any oicler,
approval, license, rule, or regulation issued under Title I of said
Act, and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or anj^ con-
ditions imposed by him upon his approval thereof.
2'. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modifications to be based upon application to the Administra-
tor and such notice and hearing as he shall specify, and to become
effective on approval of the President.
328
Article X — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
Article XI — Special Agreements
Reasonable notice of the submission of any agreement authorized
to be submitted to the President by virtue and under authority of
Section 4 (a) of the Act shall be given to the Code Authority by
any member of the industry who proposes to make such agreement.
Article XII — Code Conflicts
Wherein this Code may be in conflict with a Code of another in-
dustry, the products of which are made by a bedding manufacturer,
and should such conflict impose a hardship on such manufacturer^
the latter shall report the matter to the Code Authority for such
adjustment of this Code or such other action as the said Board may
see fit, subject to the approval of the Administrator.
Article XIII — Nonpartners
Nothing contained in this Code shall constitute the members of the
Code Authority or of this Association partners for any purpose.
Nor shall any member of the Code Authority, exercising reasonable
diligence in the conduct of his duties hereunder, be liable to anyone
for any action or omission to act under this Code, except for his own
willful misfeasance or nonfeasance.
Article XIV — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases should be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increases in the seller's
costs.
Article XV — Effective Date
This Code shall become effective on the first Monday after its
approval by the President.
Approved Code No. 219.
Registry No. 1607-1-01.
Bedding Industry Code — Exhibit "A"
EXPLANATION OP AETICI^ VI, SECTION 5 (A) ZONES
(aa) These Zones, as established at present and subject to such later revision
as the Code Authority may deem necessary, shall be :
The New England Zone shall include the States of Maine, New Hampshire,
Vermont, Rhode Island, Massachusetts, and Connecticut.
The Metropolitan New York Zone shall include Long Island and the cities of
New York and Brooklyn and all territory in the area bounded on the east by
Long Island Sound, on the North by a line drawn from Connecticut border at
Golden's Bridge westward through Summitsville,, N.Y., to East Branch, N.Y.,
and on the west by a line drawn southward from East Branch along the
Pennsylvania-New Jersey border to Stockton. N.J., and on the south by a line
drawn from Stockton eastward through Spotswood, N.J., to the Atlantic Ocean
at Seabright, N.J.
The Eastern Neio York Zone shall include all of the state of New York lying
south of the Canadian border and east of a line drawn from Fair Haven, N.Y.,
southward through Ovid and Watkins to Elmira, N.Y., except that portion
already included in the Metropolitan New York Zone.
The Western Neto York Zone shall include all of the state of New York not
Included in the Eastern New York Zone and the Metropolitan New York Zone.
The Eastern Pmvnsylvania Zone shall include the District of Columbia and
the States of Maryland and Delaware and that portion of New Jersey lying
south of the southern boundary of the Metropolitan New York Zone and that
portion of Pennsylvania lying west of the western boundary of the Metropolitan
New York Zone and east of a line drawn from Elmira, N.Y., southward through
New Berlin, Pa., to the Maryland border at Round Top, Pa.
The Western Pennsylvania Zone shall include all the State of Pennsylvania
not included in the Eastern Pennsylvania Zone and that portion of West
Virginia lying north of a line drawn from the extreme southwest tip of Pennsyl-
vania northwestward to Moundsville, W.Va.
The Noi-th Carolina and Virginia Zones shall include the states of North
Carolina and Virginia.
The Southeastern Zone shall include the states of South Carolina, Georgia,
Alabama, and Florida.
The Memphis Zone shall include the states of Louisiana, Mississippi, and
that portion of the state of Tennessee lying west of a line drawn south from
Cedar Hill, Tennessee, through Kleburne Junction to Prospect Station, Ten-
nessee.
The Southern Ohio Zone shall include the state of Kentucky, that portion of
the state of Tennessee which is not included in the Mississippi Zone and that
portion of the state of Ohio lying east of the state of Indiana and south of a
Une from Lewisburg, Ohio, eastward to and including the city of Dayton, and
west of a line drawn from Dayton, southward to Manchester, Ohio.
The Northern Ohio Zone shall include that portion of the State of Ohio not
included in the Southern Ohio Zone and that portion of West Virginia not
included in the Western Pennsylvania Zone.
The Indiana Zone shall include all of the state of Indiana except the ex-
treme northwestern tip lying north and west of a line drawn from the Illinois
border at Momence, Illinois, northeastward through Hobart to New Buffalo,
Michigan.
The Northern Illinois Zone shall include that portion of the State of Indiana
not included in the Indiana Zone and that portion of the State of Illinois
lying east of a line drawn from Lake Michigan at the Illinois-Wisconsin
border southwestward to West Chicago and southeastward to the Indiana
border at Momence, Illinois.
The Central Illinois Zone shall include all of the State of Illinois lying north
of a line drawn from the Missis!?ippi River just below Quincy, eastward through
Towersville and Marshall to the Indiana border, except that portion of Illinois
included in the Northern Illinois Zone.
(329)
330
The Detroit Zone shall Include the cities of Detroit and Hamtramck,
Michigan.
The Michigan Zone shall include all of the state of Michigan except the
cities of Detroit and Hamtramck and that portion of the Upper Peninsula
lying ^yest of a line drawn directly south from Grand Marais to Pt. Seul
Choix.-
The Wisconsin Zone shall include that portion of the Upper Peninsula of
Michigan not included in the Michigan Zone and all of the srate of Wisconsin
except that portion lying west of a line drawn from Saxon, Wisconsin, south-
ward through Ingram, Stanley, and White Hall to the Minnesota border at
E. Winona, Wisconsin.
The Minnesota Zone shall include that portion of the State of Wisconsin
not included in the Wisconsin Zone, the states of Minnesota, North Dakota,
and South Dakota, that portion of the State of Montana lying east of a line
drawn from Many Glaciers, Montana, southeastward through Simms and
Leadboro to Bear Creek, Montana ; and all of the State of Nebraska, except
that portion lying east of a line drawn from the South Dakota-Nebraska
border at Wynot, Nebraska, directly southward through Rogers to the Kansas
border at Steele City, Nebraska.
The Iowa Zone shall include the State of Iowa and that portion of Nebraska
not included in the Minnesota Zone.
The Missouri Zone shall include that portion of Illinois not included in the
Central and Northern Illinois Zones and all of the State of Missouri lying east
of a line drawn from the Iowa border at Howland, Missouri, southward through
Booneville to the Arkansas border at Pontiac, Missouri.
The Kansas Zone shall include the State of Kansas and that portion of the
State of Missouri not included in the Missouri Zone.
The Arkansas Zone shall include the State of Arkansas.
The OJclaJioma Zone shall include the State of Oklahoma.
The Texas Zone shall include all of the State of Texas south of Oklahoma,
east of Mexico, and east of a line drawn from the Mexican border at Del Rio
northward through Robert Lee and Guthrie to the southwest tip of Oklahoma.
The Denver Zone shall include that portion of the State of Texas not included
In the Texas Zone, the States of New Mexico and Colorado, and all of the
State of Wyoming except the portion lying Avest of a line drawn from the
Montana border at Chance, Montana, southward through Leekie, Wyoming, to
the northwestern tip of the State of Colorado.
The Utah Zone shall include that portion of the State of Wyoming not in-
cluded in the Denver Zone ; that portion of the State of Idaho lying south of a
line drawn from the northwest tip of Wyoming eastward through Gillmore and
Cambridge, Idaho, to the Oregon border at Buchan, Oregon ; the State of
Utah ; that portion of the State of Nevada lying south of Idaho and east of a line
drawn from the southwest tip of Idaho southward through Nelson and Austin,
Nevada, to the California border at Mud Spring ; and all of the State of Arizona
except the portion lying south and west of a line drawn from the southeastern
tip of Arizona northwestward through Camp McDowell Indian Reservation to
the southeastern tip of Nevada.
The northern Pacific Zone shall include the States of Oregon and Washing-
ton, that portion of Idaho not included in the Utah Zone, and that portion of
Montana not included in the Minnesota Zone.
The Central Pacific Zone shall include that portion of the State of Nevada not
included in the Utah Zone and that portion of the State of California lying
north of a line from the Nevada border at Mud Spring, Nevada, westward
through Tarpey, California, and southwestward to the Pacific Ocean at Bryson,
California.
The Southern Pacific Zone shall include that portion of the State of California
not included in the Central Pacific Zone and that portion of the State of Ai-izona
not included in the Utah Zone^
o
Approved Code No. 220
CODE OF FAIR COMPETITION
FOR THE
ENVELOPE INDUSTRY
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
ENVELOPE INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June IG, 1933, for approval of a Code of
Fair Competition for the Envelope Industry, and hearings having
been duly held thereon and the annexed report on said Code, contain-
ing findings with respect thereto, having been made and directed to
the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. C>54:3-A, dated December
30, 1933, and otherwise ; do hereby incorporate by reference said an-
nexed report and do find that saicl Code complies in all respects with
the pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator' for Industiial Recovery.
Approval recommended :
George L. Berry,
Division Administrator.
Washington, D.C,
January 23, 1934..
(331)
33359° 313-78—34
The President,
The White House.
Sir: This is a report of the hearing on the Code of Fair Com-
petition for the Envelope Industr}-, conducted in Washington on
October 10, 1933, in accordance with the provisions of Title I of
the National Industrial Recovery Act.
HOURS AXD WAGES
The Code provides a standard 35-hour week for factory workers
with a w^eekly tolerance of five hours to be paid for as overtime.
The usual exceptions are made in regard to nonproductive employees.
Office employees are limited to an average of 40 hours per week over
a thirteen-week period.
The miniuium wage rate for hourly paid employees is 40^' per
hour in the North and 37^ in the South, and for office emplovees
$16.00 per week in the ^orth and $15.00 in the South.
PLANT OPERATION
The productive ca])acity of the Industry exceeds the present de-
mand by about 50%. To keep production within reasonable bounds
a plant operation limit of 40 hours per week is provided. Excep-
tions are made in certain cases in order to permit small plants the
necessary flexibilit}' in operation. The right is reserved to the
Administrator to modif}^, suspend, or remove all limitations on plant
operation at any time.
OTHER PROVISIONS
Provision is made for furnishing the Administrator with any
statistical data which he may require. An open ])rice selling plan
is provided, and selling below cost, except to meet competition, is
prohibited.
ECONOMIC EFFECT OF THE CODE
The Industry employed about 11,600 persons at its peak in 1929.
The number employed in May 1933 was about 9,000, who worked
an average of 38 hours per week. The effect of the Code, without
increase in volume, will be to employ about 1,000 additional persons
which additional volume will further increase. Almost one fourth
of the employees in the North have been receiving less than 30^' per
hour. The total increase in pay rolls as a result of the Code will
be about 26%.
(332)
333
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industiy.
(b) Said Industry normally employs not more than 50,000 em-
ployees: and is not classified by me as a major industry.
(c) The Code as approved complies in all respects witli the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
aforesaid Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons this Code has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
ENVELOPE INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act the following is hereby established as a Code of Fair
Competition for the above-named Industry and shall be binding on
every member thereof.
Article I — Definitions
The following Avords are used in this Code with the meanings
herein set forth :
Industry: The manufacture of envelopes (except envelopes for
boxed papeteries and boxed stationery) from all materials except
transparent cellulose.
Meviber: A natural person, partnership, cor^Doration, association,
trust, trustee, trustee in bankruptcy, or receiver engaged in such
Industry.
Prodivctlve machinery : All machinery used for performing any
process necessary to the manufacture of envelopes of any kind pro-
duced by this Industry.
Act: Title I of the National Industrial Recovery Act.
Admittisfrator: The National Industrial Recovery Administrator.
Article II — Organization and Administration
1. The members of the Executive Committee of the Envelope
Manufacturers Association of America, together with such other
person or persons as the Administrator may designate, are hereby
cojistituted the Code Authority of the Industry. The members of
the Code Authority designated by the Administrator shall act in an
advisory ca])acity and shall have no vote.
2. The said Association shall file with the Administrator certified
copies of any amendments of its Bylaws relating to eligibility or
achnission to membership in such Association, or relating to the
method of selection of the members of such Executive Committee,
which such Association may hereafter adopt.
3. The Administrator nuiy at any time prescribe a ditferent method
for selecting the Industry members of the Code Authority, and,
thereafter, such members shall be chosen in the manner so prescribed.
4. The Code Authority is charged generally with the duty of
administering this Code under the sanction and with the approval
of the Administrator. All acts of the Code Authority shall be sub-
ject to review by the Administrator, and to suspension, modification,
(334)
335
or cancellation by him in any case in which he shall determine that
any such act violates the purposes of the National Industrial
Recoveiy Act.
5. The expenses of administering this Code shall be borne pro
rata, in accordance with a formula to be adopted by the Code
Authority, by all members of such Industry who accept the benefit
of the services of the Code Authoritv or otherwise assent to this
Code.
G. The Code Authority shall have power to investigate alleged
violations of this Code and acts or courses of conduct b}^ any member
which are or appear to be contrary to the policy of the Act or which
tend or may tend to render ineffective this Code and to report the
same with recommendations to the Administrator.
7. The Code Authority may divide the country into geographical
divisions for the purpose of administering this Code. Different
divisions for different products of the Industry may be so created.
Article III — Hours of Labor
1. Employees in the Industry shall not be required or permitted
to work hours in excess of the limits prescribed in the following
schedules :
SCHEDULE or WORKING HOURS
(a) Watchmen including those watchmen who incidentally tend
fires: 112 hours in any period of two weeks and not more than 6 days
in any one week.
(b) Chauffeurs and truckmen: 192 hours in any period of four
consecutive weeks, provided, however, that time worked in excess
of 91/2 hours in any one day or 48 hours in any one week shall be
paid for as not less than time and one third.
(c) Engineers and firemen: 168 hours in any period of four con-
secutive weeks, provided, however, that time worked in excess of
9 hours in any one day or 48 hours in any one Aveek shall be paid
for as not less than time and one third.
(d) All other laborers, mechanical workers, or artisans employed
in any plant, mill, or factory or on work connected with the opera-
tion of such plant, mill, or factory : A basic work week of 35 hours
with a tolerance of 5 hours additional, provided, however, that time
worked in excess of 9 hours in any one clay or 35 hours in any
one week shall be paid for as not less tlian time and one third.
(e) Executives and their personal secretaries and other employees
engaged in a supervisory caj)acity receiving $35.00 or more per
week and outside salesmen : No limitation.
(f) All other employees: An average of 40 hours per week in any
period of 13 consecutive Aveeks but not more than 48 hours in any
one week.
2. No limitation contained in said Schedule shall apply to em-
ployees of any class when engaged in emergency repairs or emer-
gency maintenance work occasioned by break-downs or involving
protection of life or property, provided, however, that all time
worked under this section in excess of the limitations prescribed in
said Schedule shall be paid for as not less than time and one third.
336
3. No provision of this Article shall be so construed as to require
payment for the same time as time and one third more than once.
4. No employee shall be permitted to work for two or more mem-
bers of the Industry an a<2:*iregate number of hours in excess of the
number prescribed in said Schedule.
5. The manufacture or partial manufacture of any product of
this Industry in the home of a worker is prohibited.
Article IV — Wages
1. The minimum rate of wa^^e of any laborer, mechanical worker,
or artisan employed in any i)lant, mill, or factory or on work con-
nected with the operation of any such plant, mill, or factory shall
be as follows :
(a) In the Northern zone, which shall consist of all of the terri-
tory of the United States except the States named in subdivision (b)
hereof, 40 cents per hour.
(b) In the Southern zone, Avhich shall consist of the States of
Virginia, Tennesee, North Carolina, South Carolina, Georgia,
Florida, Alabama, Mississippi, and Louisiana, 37 cents per hour.
2. Pieceworkers shall be paid at rates which will yield a worker
for an hour's work not less than the minimum rate above prescribed.
3. The minimum rates of wages for all other employees except
commission salesmen shall be as follows :
(a) In the Northern zone, as defined in Section 1 hereof, $16.00
per week.
(b) In the Southern zone, as defined in said Section, $i.'').00 per
week.
4. The wage rates of all employees receiving more than the mini-
mum rates herein prescribed shall be reviewed and such adjust-
ments, if any, made therein as are equitable in the light of all the
circumstances, and within sixty (GO) daj's after the effective date
hereof, the Code Authority shall report to the Administrator the
action taken by all members of the Industry under this Section.
5. Persons learning an occupation shall be paid not less than 80%
of the minimum prevailing wage for such occupation provided that
the number of such learners employed by any member of the Indus-
try shall not exceed 10% of the number of employees in such occu-
pation but shall not be limited to less than 2 persons, and that
learners shall not be employed as such for a period in excess of six
weeks, irrespective of whether they are employed by one or more
employers.
6. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage of not less than 80% of the minimum prescribed by this Code,
provided the State Authority or other agency designated by the
United States Department of Labor shall have issued a certificate
authorizing his employment on such basis. Each member shall file
with the Code Authority a list of all such persons employed by him.
7. Office boys and girls under 18 j^ears of age may be employed
at a wage of not less than 80% of the minimum prescribed by Section
337
3, hereof, provided that the number of persons paid as office boys
and girls by any member of the Industry shall not exceed 5% of
the number of employees designated in Section 3 hereof employed
by such member, but shall not be limited to less than 1 person.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the Industry. No person under eighteen (18) years of age shall
be employed at operations or occupations which are hazardous in
nature or dangerous to health. The Code Authority shall submit
to the Administrator within sixty (60) days after the effective date
of this Code a list of such operations or occupations. In any State
an employer shall be deemed to have complied with this provision
as to age if he shall have on file a 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.
2. Employees shall have the ri^ht to organize and bargain collec-
tively through representatives oi 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. No
emploj'ee and no one seeking employment shall be required as a con-
dition of employment to join any company union or to refrain from
joining, organizing, or assisting a labor organization of his own
choosing. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
3. No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as
to age of employees, w^ages, hours of work, or as to safety, health,
sanitary or general working conditions, or insurance, or fire protec-
tion than are imposed by this Code.
4. No employer shall reclassify employees or duties of occupations
performed or engage in any other subterfuge for the purpose of
defeating the purposes or provisions of the Act or of this Code.
5. All employers shall post copies of Articles III, IV, and V of
this Code in conspicuous places accessible to employees.
6. Every emploj^er shall make reasonable provisions for the safety
and health of his employees at the place and during the hours of
their employment. Standards for safety and health shall be sub-
mitted by the Code Authority to the Administrator within six (6)
months after the effective date of this Code.
7. No provision in this Code shall supersede provisions as to
hours, wages, and conditions of employment which are established
for specific projects by competent governmental authority acting in
accordance with law, or to terms of employment which are estab-
lished by labor agreements now in force, where either the wages are
higher or the hours of labor are shorter, or both, than are those
set forth in this Code.
8. The Code Authority shall make a study of conditions in the
industry to determine the feasibility of the adoption of a shorter
33359° 313-78 34 2
338
working week and shall, within three (3) months after the effective
date of this Code, make a report of its findings to the Administrator.
The Code Authority shall also submit to the Administrator within
six (6) months after the effective date of this Code, a plan for the
stabilization and regularization of emploj^ment.
Article VI — Plant Operation
1. Subject to the exceptions contained in Sections 2 and 3 hereof,
no member shall operate any manufacturing plant in excess of 40
hours per week averaged over a period beginning with the effective
date of this Code and ending on the 30th day of June 1934, and
thereafter over each successive period of six months beginning on
July first and January first of each year or more than 1,040 hours
in any such period of six months.
2. For the purposes of the foregoing Section, the ojxn-ating time
of any unit of productive machinery in any plant shall be regarded
as the operating time of the entire plant, piovided, however, that
the operating time of not more than one-third of the total number
of envelope folding machines in the plant, but not in any case more
than three envelope folding machines and/or their necessary com-
plementary equipment, on emergency work, as the same may be de-
fined by the Code Authority, shall not be counted as plant operating-
time.
3. If, for a period of one year prior to the 16th day of June 1933
or for the entire period of time prior to such date that any plant
may have been in operation, such plant shall have been steadily
operated with one or more extra shifts, employing thereon not less
than one half the number of folding-machine operators employed
on the day shift, then said plant may continue to be operated with
such extra shift or shifts until May 1st, 1934.
4. The limitations on plant operation may be modified, suspended,
or removed by the Administrator at any time if he shall deiermine
that such limitations have reduced or will tend to reduce unduly the
suppl}^ of envelopes or are for any other reason contrary to public
interest.
Article VII — Accounting — Selling
1. The Code Authoi'ity shall, as soon as practicable, formulate
a standard method of accounting and costing for the Industry and
submit the same to the Administrator. When it shall have been
approved by the Administrator, everj^ memb(n- shall use an account-
ing and costing system which conforms to the principles of, and
is at least as detailed and complete as, such standard method.
2. The Code Authority may from time to time determine that
an open price plan of selling such product or products of the Indus-
try as it shall specify shall be put into effect on such date as it
shall fix. Notice of such determination shall be announced to all
known members of the Industry who manufacture such products
not less than 30 days prior to the date so fixed.
3. At least ten da3's prior to such date, every such member shall
file with the Code Authority a schedule of prices and terms of sale
for all such products or, in the alternative, shall be deemed to have
339
filed a schedule conforming in respect to price and terms of sale
with the schedule at any time on file wliich states the lowest price
and the most favorable terms.
4. All such schedules shall be in such form as the Code Authority
shall prescribe and shall contain all information necessary to permit
any interested person to determine the exact net price per unit after
all discounts or other deductions have been made, whether pertain-
ing to a single order, a commitment for future delivery, or a con-
tract. All such original schedules shall become effective on the date
fixed by the Code Authority as provided in Section 2 hereof. Any
such schedule, or any price therein, may apply nationally or may
be limited to one or more geographical divisions created as provided
in Section 7 of Article II hereof.
5. An original schedule, a revised scJiedule or schedules, or a new
schedule or schedules, or a notice of withdraw^al of a schedule pre-
viously filed may be filed b}' a member with the Code Authority
at any time, provided, however, that any member who withdraws a
schedule without substituting a new schedule therefor shall be
deemed to have filed a schedule conforming in respect to price and
terms of sale with the schedule at any time thereafter un file which
states the lowest price and the most favorable terms. Any schedule
or notice filed hereunder, shall become effective five days after
the date of filing, provided, however, that an increased price may
become effective at such earlier date as the member filing the same
shall fix.
6. The Code Authority shall promptly supply all members of the
Industry, wdio manufacture any particular product, with copies of
all schedules, revised schedules, and notices of withdrawal, which
pertain to such product. Innnediately upon receipt of information
relative to the withdrawal of a price for any product, any member
may file notice of withdrawal of his ow^n price for the same procluct
effective as of the same date as the notice of withdrawal of such
other member. Inmiediately on receipt of information that a sched-
ule then on file has been revised, or that a new schedule has been
filed, any member may file a revised schedule conforming as to price
and terms to the schedule of such other meniber, and effective on the
same date, or may notify the Code Authority that he adopts as his
own the schedule of such other member. In the latter event, he shall
be deemed to have filed a revised schedule conforming to the revised
schedule of such other member.
7. No such schedule of prices and terms of sale filed by any
member, or in effect at any time, shall be such as to permit the sale
of any product at less than the cost thereof to such member deter-
mined in the manner provided in Section 11 hereof, provided, how-
ever, that any member may by notice to the Code Authority, adopt
as his own a lower price filed by another designated member. Such
adoption shall become automatically void upon the withdrawal or
revision upward of the price adopted.
8. No member who shall have filed a price, or adopted as his
own, a price filed by another member for any product of the Indus-
try, shall sell such product for less than such price or upon terms
or conditions more favorable than stated in such price schedule.
No member, who shall have failed to file a price for any product
340
for ■which the open price plan is in effect, shall sell such product
at a lower price or on terms more favorable than the lowest price
and most favorable terms stated in an}^ price schedule for such
product then on file.
9. The Code Authority shall furnish at cost to any person con-
cerned, whether member or non-member, requestin^^ them, copies of
any price schedules which have been filed with it. Such price sched-
ules shall be made available to non-members at the same time that
they are sent to members.
10. No member shall sell any product of the Industry for which
no open price plan is in effect at less than the cost thereof to such
member, determined as provided in Section 11 hereof, except to meet
the price of a competitor whose price does not violate this Section.
11. Cost, for the purposes of this Article, shall be determined
pursuant to the method of accounting and costing prescribed as
provided in Section 1 hereof as soon as such method is adopted and
approved, and theretofore pursuant to the method employed by
such member subject to such preliminary rides as the Code Authority
shall from time to time prescribe with the approval of the
Administrator.
12. Every member filing a schedule or notice hereunder shall de-
liver to the Code Authority without expense such number of copies
thereof as shall be necessary to enable the Code Authority to supply
one copy thereof to each member of the Industry and no such sched-
ule or notice shall be deemed to have been filed until such number
of copies shall have been received by the Code Authority.
13. The Code iVuthority may at any time suspend the open price
plan of selling either in its entirety or insofar as it applies to any
specified product or products of the Industry.
14. For the purpose of determining whether Sections 7, 8, 10 and
11 hereof have been complied with, every member shall upon the
I'equest of the Code Authority furnish a designated agency of the
Code Authorit}^, in respect to closed transactions only, with complete
information in regard to any quotation, order, contract, or sale of
any product of the Industry, including information as to specifica-
tions, quantities, price, conditions of storage, transportation, or de-
liver3% terms of billing, cash or trade discounts allowed and other
pertinent facts relating to such quotation, contract, or sale.
15. Nothing herein contained shall be construed to prevent the
disposition of distress merchandise required to be sold to liquidate a
defunct or insolvent business in such manner at such price and such
terms and conditions as the Code Authority may approve.
IG. Nothing herein contained shall be construed to prevent the
fulfillment of a bona fide contract existing on the effective date of
this Code. The Code Authority may require members of the Indus-
try to file with its designated agency and in such manner as it shall
prescribe such data as it may require in respect of contracts for
future deliveries existing on the effective date of this Code.
Article VIII — Reports and Statistics
1. Each member shall prepare and file wnth an impartial agent
designated by the Code Authority at such times and in such manner
341
as it may prescribe, such statistics, data, and information relating
to plant capacity, volume of production, volume of sales in units
and dollars, orders received, unfilled orders, stocks on hand, inven-
torj% both raw and finished, number of employees, wage rates, em-
ployee earnings, hours of work, and other matters, as the Code
Authority or the Administrator may from time to time require.
Any or all information so furnished by any member shall be subject
to checking for the purpose of verification by an examination of the
books and accounts and records of such member by any disinterested
accountant or accountants or other qualified person or persons
designated by the Code Authority,
2. Except as otherwise provided in the Act, or in this Code, all
statistics, data, and information filed or required in accordance with
the provisions of this Code hereof shall be confidential and the
statistics, data, and information of one member shall not be revealed
to another member. No such data or information shall be published
except in combination with other similar data and in such a manner
as to avoid the disclosure of confidential information. The Code
Authority shall arrange for the publication currentl}^ to members of
such statistics of the Industry as the Code Authority may determine
to be necessary.
3. The Code Authority shall make such reports to the Adminis-
trator as he may from time to time require.
4. In addition to information required to be submitted to the Code
Authority there shall be furnished to the Government Agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
Article IX^ — Trade Practices and Customs
1. The following are hereby' constituted the Trade Practices for
the Industry, and failure to comj)ly with the provisions thereof shall
be a violation of the Code :
a. Inducing Breach of Contract. — The wilful interference by
any member, by any means or device whatsoever, with an}^ existing
contract or order between a seller and a purchaser, in or about
the production, manufacture, transportation, purchase, or sale of
any product handled or service rendered by the industr}-, or the per-
formance of any contractual duty or service connected therewith,
such interference being for the purpose or with the effect of dis-
sipating, destroying, or appropriating, in whole or in part, the
patronage, property, or business of another member, is an unfair
trade practice.
b. Defamation of Competitor or Disparagement of his Goods. —
The defamation of a competitor by Avords or acts, imputing to him
dishonorable conduct, inability to perform contracts, or questionable
credit standing, or the false disparagement of the substance, grade,
or quality of his goods, is an unfair trade practice.
c. Imitation of Trade-marks or Trade-names. — Imitation of the
trade-mark or trade-name of a competitor with the intent to deceive
buyers and consumers is an unfair trade practice.
d. Threats of Suit for Patent or Trade-mark infringement. —
The dissemination of threats of suit, not made in good faith, for
342
infringement of patents or trade-marks, and for the purpose of
harassing and intimidating customers, prospective customers, or em-
ployees, is an unfair trade practice.
e. Fraud or M isrc prese nfaf ion . — The sale or offer for sale of any
product of the Industry Avith intent to deceive customers or pros-
pective customers as to the quantity, quality, substance, or size of
such product, is an unfair trade practice.
f. Mishimndmg. — The marking or branding of products of the In-
dustry for the purpose or with the effect of misleading or deceiving
purchasers or consumers with respect to the quantity, quality, grade,
or substance of the goods purchased, is an unfair trade practice.
g. Secret Rebates. — The payment or allowance of secret rebates,
refunds, credits, or unearned discounts, whether in the form of
money, or allowances for advertising, or sales promotion, or other-
wise, is an unfair trade practice.
h. Commercial Bribery. — To give, permit to be given, or directly
to offer to give, anything of value for the purpose of influencing or
rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of such employee,
the principal of such agent or the represented party, without the
knowledge of such employer, principal, or party, is an unfair trade
practice. The foregoing provisions shall not be construed to prohibit
free and general distribution of articles commonly used for adver-
tising except so far as such articles are actually used for commercial
bribery as hereinabove defined.
i. Prizes or Preiiviums. — The giving or offering to give prizes or
premiums in connection with the sale of envelopes is an unfair trade
practice.
j. Adherence to Postal Regulations. — Intentional failure to con-
form to the United States Postal Laws and Regulations in the de-
sign of envelopes for mailing purposes and in the printing thereon
is an unfair trade practice.
k. Patent Protection. — No provision in this Code shall be construed
to prevent any member from seeking the redress to which he may be
entitled under the patent laws of the United States.
1. /Seconds. — No seconds, job lots, misprints of envelopes shall be
sold or offered for sale.
m. False Billijig. — No member of the Industry shall withhold
from or insert in any invoice any statement that makes it inaccurate
in any material particular.
n. Trade Customs. — The sale or offering for sale of any products
of the Industry by any member of the Industry on any terms or
conditions which fail to conform to the provisions of the following
Code of Trade Customs is an unfair trade practice.
1. C onfirmation of Orders. — Stenographic and clerical errors are
subject to correction. All quotations made and all orders and con-
tracts accepted by salesmen or selling agents are subject to the
approval of an officer or authorized executive of the seller company.
2. Date of Invoice. —
(a) Invoices shall be dated with day of shipment except as other-
wise provided in sections 17, 18, and 19 herein.
343
(b) Monthly statements rendered to a customer must include all
invoices rendered to said customer during the preceding calendar
month.
3. CanceUation. — Orders accepted by the seller may not be
countermanded except with his consent.
4. Return of Mfrchandise. — No merchandise conforming to order
may be returned without the consent of the seller.
5. Unavoidahle Delays in Delivery . — The shipment or delivery of
all orders accepted shall be contingent on strikes, fires, accidents,
delay's of carriers, and all other causes unavoidable or beyond the
seller's control.
6. Drawings and Plates. — All sketches, drawings, engravings, and
original cuts not specifically charged for in full are the property
of the envelope manufacturer.
7. Cutting Dies. — All cutting dies are the property of the envelope
manufacturer.
8. Following Copy. — If copy must be followed exactly for style,
type, and arrangements, customers must furnish cut or plate; other-
wise the envelope manufacturer will match copy as nearly as may
be practicable.
9. Proof Errors. — When proof of printing has be^n sent for
O.K., the envelope manufacturer shall not be responsible for any
errors or mistakes customer fails to correct.
10. Variation of Paper. — The envelope manufacturer shall not
guarantee against unavoidable variations in shade, finish, strength,
weight, and cleanliness.
11. Discoloration Due to Gwm. — On account of the variety of
dyes and other materials used in the manufacture of paper, the
envelope manufacturer assumes no liability for discoloration due to
the application of adhesives on papers supplied by the customer or
specified by him.
12. l^iibstance Basis. —
(a) All paper for conversion into envelopes shall be purchased
and sold only on the basis of substance numbers which represent the
pounds weight per ream, sheet size 17 x 22, 500-sheet count.
(b) The following substance numbers are established for
envelopes :
Grades of Paper : Basis 17 <r 22
Bduds and Writings 13,16,20,24.28,32
Lodjrers 20. 24, 28. 32, 36
White Wood and Rag 20, 24, 28, 32
Manila 16, 20. 24, 28. 32, 40
.Tute and Rope 20.28,32,36.40
Kraft, Sulphite and Sulpliate 13,16,20,24,28,32,36,40
(c) When in-between weights are specified by the customer en-
velopes shall be sold at the price of the next higher substance number
esta})lished herein.
(d) Heavier weights than the foregoing and other grades than
those specified herein ma}' be used to meet requirements of customers,
if sold on standardized mill-basis weights.
13. Oveivmns and Uuderruns on Manufacturing Orders. — On
orders to be manufactured, a variation in quantity either way, not
to exceed 10%, shall be accepted as a fulfillment of the order and
shall be paid for proportionally.
344
14. Ove'nnins and Underruns on S'pecial Paper. — Where orders
require the special manufacture of paper, variation in quantity
above or below the amounts specified shall be allowed in accordance
with the trade custom as to variation of the material of the mill
from whom the paper is purchased, but such tolerance shall not be
less than 10%.
15. Making Envelopes froTn Paper Finished hy Customers. — The
following conditions shall apply to orders accepted for making
envelopes from paper furnished by the customer, whether such
paper is lithographed, printed, or unprinted.
(a) The envelope manufacturer shall assume no responsibility for
proper cutting of envelopes from sheets printed or lithographed
according to any layout or press-proof not approved by him.
(b) Such paper shall be well jogged and packed by the customer
and shall be free from damaged edges.
(c) The envelope manufacturer shall accept no responsibility for
quantity of such paper except on special agreement with the customer
and at his expense for counting.
(d) When such paper is received in poor condition, it shall not
be cut without specific instructions from the customer to proceed
with the work at his risk for spoilage.
(e) The envelope manufacturer shall not guarantee absolute con-
formity of location of printing or lithographing on envelopes cut
from paper printed or lithographed in the flat sheet.
16. Cash Ducounts. — The following shall be the terms of dis-
count: To wholesale distributors, 3% for cash on the tenth day of
the month following date of shipment, or average of thirty days.
To retail distributors or consumers, 2% for cash payment not later
than the tenth day of the month following date of shipment. Cash
discounts shall not be allowed when trade acceptances or note settle-
ments are accepted in lieu of cash.
IT. Split Billing ami Split Delivet^. —
(a) Orders for 99M envelopes or less of one size, one style, and if
printed, one printing copy (including permissible copy changes)
shall be billed complete on first delivery.
(b) If any part of the billing is to be deferred at customer's re-
quest after the first delivery on orders of more than 99M and not
exceeding 999M envelopes of one size, one style, and if printed one
printing copy (including permissible copy changes), 10% shall be
added to the price of the whole order.
(c) Billing on orders for lease than 500M envelopes shall be com-
pleted within six months from date of first delivery.
(d) Billing on orders for 500M envelopes or more shall be com-
pleted within one year from date of first delivery.
18. Split Delivery Only. —
(a) Orders for 24M envelopes or less of one size, one style, and if
printed, one printing copy (including permissible copy changes)
shall be shipped complete in one delivery.
(b) "W^ien more than one delivery is required on an order for
more than 24M and not exceeding 999M envelopes of one size, one
style, and if printed, one printing copy (including permissible copy
changes), 5% shall be adcled to the price of the whole order.
345
(c) Shipments on all ofders shall be completed within twelve
months from date of first deliver3^
19. Orders for Future Delivery ami Billing. — On all orders for
lOOM or more envelopes on which, at the customer's request, delivery
and billing are deferred more than ninety days from date of place-
ment of order, the price shall be cither 10% over list, or price pre-
vailing on date of shipment, at customer's option to be exercised
Avhen order is placed.
20. Contract Items Excepted. — A contract for one million enve-
lopes or more of one size, one style, and if printed, one printing copy
(including permissible copy changes) or items constituting any part
of a contract for two million envelopes or more of assorted sizes
and/or st^des. or otherwise, shall be excepted from the provisions
of sections 17, 18, and 19.
'2.1.Envelopes with Adhesive Stamps Affixed., Excepted. — Orders
for envelopes on which adhesive postage stamps are to be affixed by
the seller shall be excepted from the provisions of sections 17, 18,
19 and 20 hereinabove.
Article X — Recommendations
1. The Code Authority may, from time to time, present to the
Administrator recommendations based on conditions in the Industry
which will tend to effectuate the operation of this Code and the
policy of the Act, and in particular along the f olloAving lines :
(a) For the establishment of additional rules, or for the modi-
fication of rules, of trade practice and trade customs for the Industry,
and the enforcement thereof.
(b) For the prevention of unsound, unfair, or destructive com-
petitive practices or prices in the Industry.
(c) For the establishment of terms and conditions regarding sales
to dealers and distributors by members of the Industiy.
2. Recommendations of the Code Authority, when approved by
the Administrator, shall have the same force and efl'ect as other
provisions of this Code.
Article XI — General Provisions
1. If any member is also a member of another industry, the pro-
visions of this Code shall apply to and affect only that part of his
business which is included in this industry.
2. Any Avork or process incidental to, and carried on by a member
at his plant as a part of the manufacture of any product of the
Industry, shall be regarded as a part of this Industry.
3. Articles VI, VII, IX, and such parts of Article VIII as are
unnecessary to assure compliance with other applicable provisions
of this Code shall not apply to the manufacturer of stamped en-
velopes and newspa])er wrappers and the supply thereof to the
United States Post Office Department.
4. Such of the provisions of this Code as are not required to be
included therein by the Act, may. with the approval of the Admin-
istrator, be modified, or eliminated as changes in circumstances or
experience may indicate.
346
5. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of Section 10 (b) of the Act, from time to time to cancel
or modify any order, approval, license, rule, or regulation issued
under Title I of said Act, and specifically, but without limitation,
to the right of the President to cancel or modify his approval of
such Code or any conditions imposed by him upon his approval
thereof.
6. This Code shall become effective on the second Monday after
the date upon which it shall be approved by the President of the
United States.
Approved Code No. 220.
Registry 403-1-01.
o
Approved Code No. 221
CODE OF FAIR COMPETITION
FOR THE
METAL HAT DIE AND WOOD HAT BLOCK
INDUSTRY
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
METAL HAT DIE AND WOOD HAT BLOCK
INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Metal Hat Die and Wood Hat Block
Industry, and hearings having been duly held thereon and the an-
nexed report on said Code, containing findings with respect thereto,
having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
Hugh S. Johnson,
Ad7ninisti'ator for Industrial Recovery.
Approval recommended :
Malcolm Muir,
Division Administrator,
Washington, D.C,
January 23, 193Jf.
34348° 313-09 34 (347)
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Metal Hat Die and Wood Hat Block Industry in the United States,
the hearing being conducted in Washington, D.C., on December 8,
1933, in accordance with the provisions of the National Industrial
Recovery Act,
PROVISIONS ON HOURS AND WAGES
The maximum hours provided by the Code for all employees except
traveling salesmen, and executives receiving $35.00 or more per week
is forty (40) hours per week and eight (8) hours per da^^. No peak
season periods and no other exceptions than those mentioned above
were requested or provided.
The minimum wage rate per hour for other than office employees
is forty (40) cents, Avhile office employees will not be paid less than
$14.00 to $15.00 per week depending upon population. Equitable
adjustments of wage rates above the minimum are provided and will
be reported to the Code Authority and the Administrator.
CHILD LABOR
The minimum age provided in this Code is 16 years but in hazard-
ous occupations this age limit is increased to 18 years.
ECONOMIC EFFECT OF THE CODE
Employment in this industry has not greatly declined during the ■
recent years due to the fact that styles were changed more fre-
quently in order to stimulate the millinery industry to which this
industry is closely allied. The shortening of hours will adequately
reabsorb the slight unemployment and the increased minimum wage
rate accompanied by the equitable adjustments provided for in the
Code should fully restore the purchasing power of the employees
of this industry which has declined more than its production and
which must be restored to accomplish the purposes of the Act.
In arriving at the terms expressed in the Code, the members of the
industry have given every evidence of cooperation in complying with
the spirit of the Act.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter:
I find that—
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
(348)
349
commerce whicli tend to dimiiiisli (lie nmount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperMtive action among the trade groups, by
inducinir and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliininat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of j>roduction (except as may be tempoi-arily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) Said industry normally employs not more than 50,000 em-
ployees and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciations are industrial associations truly representative of the afore-
said industry; and that said associations impose no inequitable re-
strictions on admission to membershijo therein.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, this Code has been approved.
Respectfully,
Hugh S. Johnson,
Ad'nyinist7'ator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
METAL HAT DIE AND WOOD HAT BLOCK INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Re-
covery Act this Code is established as a Code of Fair Competition
for the Metal Hat Die and Wood Hat Block Industry and shall be
the standard of fair competition for such industry and shall be
binding upon every member thereof.
Article II — Definitions
Section 1. Metal Hat Die and Wood Hat Block Industry/.
The term " industry *" as used herein includes the manufacturing
of wood and plaster blocks and metal dies for the hat, cap, and
ladies', misses', and children's headwear industry and such related
branches or subdivisions as may from time to time be included under
the provisions of this Code by the President of the United States,
after such notice and hearing as he may prescribe.
Sec. 2. Meiiibcr of the Industri/.
The term '' Member of the Industry '' includes, but without limita-
tion, any individual, partnership, association, corporation or other
person engaged in the industry either as an employer or on his or
its own behalf.
Sec. 3. Employee.
The term '" employee " as used herein includes any and all persons
engaged in the industry, however compensated, except a member of
the industry.
Sec. 4. Act and Administrator.
The terms "Act " and "Administrator " as used herein mean,
respectively. Title I of the National Industrial Recovery Act, and
the Administrator for Industrial Recovery.
Sec. 5. Associations.
The term "Associations •' shall mean the Hat, Block and Die
Makers' Association, Inc., and the Wood Hat Block Manufacturers'
Association, Inc.
Article III — Hours
Section 1. Maximum Hours.
No employee shall be permitted to work in excess of forty (40)
hours in any one week or eight (8) hours in any twenty-four (24)
hour period beginning at midnight except as provided in Section 2
(350)
I
351
Sec. 2. Executive., jSiipervisoi'i/., or Adminifitratlve P^mjyJoyees.
The provisions of Section 1 of this Article shall not appl}' to
traveling salesmen, or to persons employed in a managerial or execu-
tive capacity who earn not less than thirty-five ($35.00) per week.
Sec. o. Dual Emyloymcnt.
No member of the Industry shall knowingly permit any employee
to work for any time which, when totalled with that already per-
formed with another employer or employers in this industry, exceeds
the maximum permitted herein.
Article IV — ^Wages
Section 1. Minimum 'Wages.
No emplo3^ee shall be paid at less than the rate of forty (40) cents
per hour except that :
(a) Accounting, clerical, office employees, and errand boys shall
not be paid less than the rate of $15.00 per week in any city of
500,000 population or over^ or in the immediate trade area of such
city, and not less than $14.50 per week in any city between 100,000
and 500,000 jjopulation or in the immediate trade area of such city,
and not less than $14.00 per week in any city of less than 100,000
population or in the immediate trade area of such city. The census
fierures for the latest Federal census shall be the basis for this
provision.
Sec. 2. Female Employees.
Female emploj^ees performing substantially the same work as male
employees shall receive the same rate of pay as male employees.
Sec. 3. Pieceicorh and Minimum Wages.
This Article establishes a minimum rate of pay which shall apply
irrespective of whether an employee is actually compensated on
a time-rate, piecework, or other basis.
Sec. 4. EquitahU Adjusffnent of Wages.
No employee whose normal full time weekly hours for the four
weeks ending June 16, 1933, are reduced shall have his full time
weekly wages reduced below the amount received by such employee
prior to June 16, 1933, notwithstanding the reduction in hours of the
normal week. Wages of those receiving more than the minimum
shall be equitably adjusted so as to preserve differentials existing on
June 16, 1933. The adjustment since that date shall be reported to
the Code Authority and the Administrator within thirty days of the
effective date of this Code.
Article V — General Labor PR0^•ISI0NS
Section 1. Child Labor Prohihited.
No person under sixteen (16) years of age shall be employed in
the industry. No person under eighteen (18) years of age shall be
emploj-^ed at operations or occupations which are hazardous in nature
or dangerous to health. The Code Authority shall submit to the
Administrator before Februaiy 1, 1934, a list of such operations or
occupations. In any State an employer shall be deemed to have com-
plied with this provision as to age if he shall have on file a certifi-
cate 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.
352
Sec. 2. Employees' Right to Organize.
In compliance with Section 7 (a) of the Act, it is provided:
(a) 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 ])urpose of
collective bargaining or other mutual aid or protection.
(b) That no emplo^^ee 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 organiza-
tion of his own choosing, and
(c) 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 of the United States.
Sec. 3. Redassifying Employees.
No member of the industry shall reclassify employees or duties of
occupations performed, or engage in any other subterfuge for the
purpose of defeating the purposes or provisions of the Act or of
this Code.
Sec. 4. Safety and Health.
Every member of the industry shall nuike reasonable provision
for the safety and health of his employees at the place and during
the hours of their employment.
Sec. 5. State Laws Prevail Where More Stringent Than Code.
No provision in this Code shall supersede any State or Federal
Law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary, or general working conditions, or insurance, or fire pro-
tection than are imposed by this Code.
Sec. 6. Posting Code.
All members of the industry shall post complete copies of this
Code in conspicuous places accessible to employees.
Article VI — Organization, Powers, and Duties or the Code
Authority Organization and Constitution
Section 1. Code Authority.
There shall forthwith be constituted a Code Authority consisting
of four (4) persons to be selected in the following manner :
(a) One member from the Hat-Block & Die Makers' Association,
Inc., to be appointed by the Board of Directors.
(b) One member from the Wood Hat Block Manufacturers' Asso-
ciation, to be appointed by the Board of Directors.
(c) The Executive Chairman of the Associations, who represents
both the Hat Block & Die Makers' Association, Inc., and the Wood
Hat Block Manufacturers' Association.
(d^ One member to be chosen by and from the nonmembers of
the Associations. Within ten days after the effective date of this
Code the Executive Chairman of the Associations shall notify such
nonmembers of a time within twenty (20) days thereafter, and place
for choosing their representative on the Code Authority.
(e) One to three members, without vote, to be appointed by the
Administrator. If more than one such member is appointed the
o - o
Ot)0
terms shall be for from six months to one year and so arranged that
they do not expire at the same time.
Sec. 2. Trade Association Regulations.
Each industrial association directly or indirectly participating in
the selection or activities of the Code Authority shall (1) impose no
inequitable restrictions on membership, and (2) submit to the Ad-
ministrator true copies of its articles of association, bylaws, regula-
tions, and any amendments when made thereto, together with such
other information as to membership, organization, and activities as
the Administrator may deem necessary to effect the purposes of the
Act.
Sec. 3. Code Authority Must Be Representative.
In order that the Code Authority shall at all times be truly repre-
sentative of the industry and in other respects comply with the pro-
visions of the Act, the Administrator may prescribe such hearings as
he may deem proper, and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
Sec. 4. Expenses of Code Authority.
Members of the industry shall be entitled to participate in, and
share the benefits of, the activities of the Code Authority and to par-
ticipate in the selection of the members thereof by assenting to and
complying with the requirements of this Code and sustaining their
reasonable share of the expenses of its administration. Such reason-
able share of the expenses of administration shall be determined by
the Code Authority, subject to review by the Administrator, on the
basis of volume of business and/or such other factors as may be
deemed equitable.
Sec. 5. Memhers of the Code Authority Not Partners.
Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber of the Code Authority be liable in any manner to anyone for any
act of any other member, officer, agent, or employee of the Code
Authority. Nor shall any member of the Code Authority, exercising
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own wilful misfeasance or nonfeasance.
Sec. 6. Poicers and Duties of the Code Authority.
The Code Authority shall have the following further powers and
duties the exercise of wdiich shall be reported to the Administrator
and shall be subject to his right, on review, to disapprove any action
taken by the Code Authority :
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of the
Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code subject to
the approval of the Administrator.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the Code and to
provide for submission by members of such information and reports
as the Administrator may deem necessary for the purposes recited
354
in Section 3 (a) of the Act, which information and reports shall be
submitted by members to such administrative and/or government
agencies as the Administrator may designate; provided, that nothing
in this Code shall relieve any member of the industry of existing
obligations to furnish reports to any government agency. No indi-
vidual reports shall be disclosed to any other member of the industry
or any other party except to such governmental agencies as may be
directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein ; provided, that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trades associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other Codes,
if any, as may be related to the industry.
(f) To cooperate with the Administrator in regulating the use
of any NRA insignia solely b}'^ those members of the industry who
have assented to, and are complying with, this Code.
(g) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries, and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
Article VII — Trade Practice Rules
Rule 1. Terms and Discounts.
The terms of credit extended by all persons engaged in this in-
dustry shall be net ten days end of the month, and payment may be
anticipated at the date of 6% per annum, and all shipments made on
and after the 25th day of any month may bear dating as of the 1st
of the following month ; but shipments made prior to the 25th of any
month shall bear the actual date of billing.
Rule 2. Return of Merchandise.
The unjust return of merchandise constitutes one of the evils in
the industry. No member of the industry shall accept for credit
from any purchaser or give credit to any purchaser for any mer-
chandise returned if said merchandise was purchased and shipped in
good faith in accordance with the buyer's order. If merchandise is
returned by reason of defects then no credit shall be given for such
return unless such merchandise is returned within three days from
the date of the receipt of said merchandise by the purchaser if the
member of the industry and the purchaser are in the same city or
trade area, or within five days if the purchaser is in another trade
area than that of the member of the industry.
Rule 3. Selling on Consignment.
No merchandise shall be shipped on memorandum, loaned, or on
consignment for sale and all sales shall be final and made with the
intent that title shall pass.
r^r:
Rule 4. Gratuities.
No ineniber of the industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representative
of another in relation to the business of the employer of such
employee, the principal of such agent or the represented party, with-
out the knowledge of such employer, principal, or party, donimer-
cial bribery provisions shall not be construed to prohibit free and
general distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinabove defined.
Rule 5. Advertising.
Allowances of discounts for advertising or for payment for space
in newspapers, magazines, guides, or directories on behalf of any
customer to be used in promoting the sale of merchandise to the
consumer is prohibited.
Rule 6. Assigmnents.
No person shall, after the effective date of this Code, take or
receive, directly or indirectly, from any customer either before or
after the delivery of merchandise, an^assignment of accounts receiv-
able or security in any form whatsoever for payment of the purchase
price of merchandise without first notifying the Code Authority that
such assignment or security has been or is about to be received.
Rule 7. Eligibility for Credit.
No person engaged in the industry shall extend credit to any custo-
mer who shall be in default for a period of forty-five (45) days
after maturity on any previous invoice sold to said customer by a
member of the industry except in such cases as exceptions may be
granted by the Code Authorit3^ Each member shall report to the
Code Authority a complete statement of any disputes or reasons
Imown to him of the failure to pay on behalf of the customer, and
such statement shall contain a full and complete disclosure of any
disputes which may exist between the member of the industry and
the customer. The filing of false or misleading information in this
respect shall be a violation of the Code.
Rule 8. Black List.
No member of the industry shall join or participate with other
members of the industry, in any transaction known in law as a
black list, including any practice or device (such as a white list),
which accomplishes the purpose of a black list.
Rule 9. F.O.B. Ship)7ients.
All shipments shall be f .o.b. city of manufacture.
Rule 10. /Statistics and Trade Informatioii.
In order to carry out the declared policy of the Act, each person
shall furnish such periodic reports as may be prescribed by the Code
Authority, in such form and substance as they may direct. A wil-
fully false report to any such Code Authority shall be deemed a
violation of this Code.
Rule 11. False Invoicing.
No sale shall be made by any member upon any other terms, except
as expressly set fortli in the order, contract of sale, or the invoice
pertaining to such sale.
356
Article VIII — MoniFiCATioN
Section 1. President May Modify ('ode.
This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of subsection (1)) of Section 10 of the Act, from time to time, to
cancel or modify any order, approval, license, rule, or regulation
issued under said Act.
Sec. 2. Amendment of Code.
This Code, except as to provisions required by the Act, may be
modified on the basis of exiDerience or changes in circumstances to be
based upon application to the Administrator, and such notice and
hearing as he .shall specify, and to become effective on approval of
the Administrator.
Article IX — Monopolies
No provisions of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
Article X — Effective Date
This Code ghall become effective on the first Monday after its
approval by the Administrator.
Approved Code No. 221.
Registry No. 3637-14.
O
Approved Code No. 222
CODE OF FAIR COMPETITION
FOR THE
CARD CLOTHING INDUSTRY
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
CARD CLOTHING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Card Clothing Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
directed to the President : ^ , -tt • i
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act ; and do hereby order that said Code of Fair Com-
petition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Indmtrial Recovery.
Approval recommended :
Malcolm Muir,
Division AdTninistrator.
Washington, D.C,
January 23, 193^.
35373" 313-110 34 (357)
The President,
The White Eoiise.
Sir: This is a report on the Code of Fair Competition for the
Card Clothing Industry of the United States, as revised after a
Public Hearing conducted in Washing-ton on November 24, 1933, in
accordance with the provisions of the National Industrial Recovery
Act.
Pro\t[Sions for Hours akd Wages
Factory employees are limited to 40 hours per week and 8 hours
per day; except during periods of emergency production when 48
hours per week will be permitted in any 6 weeks of a.ny 6-month
period, when time and a half will be paid for hours worked in ex-
cess of the above maximum.
Exceptions to the above maximum hours apply to those engaged
in care and maintenance work, stock clerks and delivery employees
who are provided a tolerance of 10 percent over 40 hours in a.ny 6
weeks of any 6-month period, and to watchmen who will be limited
to 56 hours and 6 days per week. Office employees are limited to 40
hours per week on a monthly average, and 48 hours per week. The
hour limitation will not apply to outside salesmen and those in an
executive or supervisory capacity receiving more than 35 dollars per
week.
The minimum wage to all factory employees will be 40 cents per
hour, except to apprentice card setters who will receive not less than
80 percent of this minimum for the first 60 days of their employment,
and to those mentally and physically handicapped. The minimum
for office employees will be 15 dollars per week.
Child Labor
The minimum age in the Industry will be 16 years, except in
hazardous occupations where the minimum will be 18 years.
Economic Effect of the Code
With the reduction in hours from approximately 50 per week to
the 40 hours per week specified in the Code, the Industry estimates
that both employment and purchasing power of employees will be
increased approximately 20 percent with the return of normal busi-
ness in the textile industry.
Until the passage of the National Industrial Recovery Act this
Industry had not been organized as a unit. The 10 members of the
Industry belong to the Card Clothing Manufacturing Association,
the proponents of the Code.
(358)
359
While the total yearly sales are comparatively small, the Industry
is an important one. Card clothing is the medium which in textile
machinery does the actual work of carding or combing out the cot-
ton, wool, and other textile fibers, and also of raising the nap on
cloth in the finishing process. As working tools, the delicate wire
teeth of card clothing are subject to constant strain and wear, and
the material must be replaced at frequent intervals.
The aggregate number of employees in the Industry in 1929 was
500, while in 1932 they declined to approximately 400.
Findings
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof, and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agri-
cultural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Industry ;
and that said group imposes no inequitable restrictions on admission
to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, this Code has been approved by me.
Respectfully,
Hugh S. Johnson,
Administrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
CARD CLOTHING INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are submitted as a Code of Fair
Competition for the Card Clothing Industry, and upon approval
by the President shall be the standard of fair competition for this
Industry, and shall be binding upon every member thereof.
Article II — Definitions
The following terms are used herein with the meanings set forth
below :
Section 1. " Card Clothing Industry " or the " Industry " — ^the
manufacture for sale, and the sale by the manufacturer, of Card
Clothing, which consists of wire teeth inserted into a foundation
made of cotton, woolen, or linen cloth, felt, rubber, leather, or com-
binations thereof, used to cover or clothe parts of carding, napping,
or brushing machines. Carding machines straighten and otherwise
prepare textile or asbestos fibers for spinning into yarn, etc. Nap-
ping or brushing machines raise the ends of fibers in manufactured
cloth.
Sec. 2. " Employee " — anyone engaged in the Industry in any ca-
pacity, receiving compensation for his services, irrespective of the
nature or method of payment of such compensation.
Sec. 3. " Employer " — anyone by whom an}^ such employee is com-
pensated or employed.
Sec. 4. " Member of the Industry " — anyone engaged in the In-
dustry as above defined, either as an employer or on his own behalf.
Sec. 5. "Association " — the Card Clothing Manufacturers Associa-
tion.
Sec. 6. " Effective date " — the fifth day after approval of this
Code by the President.
Sec. 7. " President ", "Act ", and "Administrator " — respectively,
the President of the United States, the National Industrial Recov-
ery Act, and the Administrator of Title I of said Act.
Article III — Hours
Section 1. No employee, except as hereinafter provided, shall be
permitted to work in excess of forty (40) hours per week, or in
(3G0)
361
excess of eight (8) hours per day; provided, however, that during
any period in which a concentrated demand upon any division of
the Industry shall place an unusual and temporary burden for pro-
duction upon its facilities, an employee of such division may be per-
mitted to work not more than forty-eight (48) hours per week in
any six (6) weeks in any six (6) months' period. Time and one
half shall be paid for all hours worked in excess of eight (8) hours
per day or forty (40) hours per week.
Sec. 2. There shall be a tolerance of ten (10) percent additional
hours for employees engaged in the preparation, care, and mainte-
nance of plant, machinery, and jDroduction facilities, and for stock
and shipping clerks, and delivery employees, provided that such tol-
erance shall not result in such employees working in excess of forty-
four (44) hours per week in any six (6) weeks in any six (6) months'
period.
Sec. 3. The limitation as to hours of labor shall not apply to
commercial traveling salesmen, or to persons in a managerial, execu-
tive, or supervisory capacity who receive more than thirty-five (35)
dollars per week.
Sec. 4. No employer shall work any accounting, clerical, service,
sales, or other office employee more than forty (40) hours per week
on a monthly average, nor more than forty-eight (48) hours in any
one week.
Sec. 5. Watchmen may be permitted to work not more than fifty-
six (56) hours in any one week, nor more than six (6) days in any
seven (7) day period.
Sec. 6. No employee shall work or knowingly be permitted to work
for a total number of hours in excess of the number of hours pre-
scribed for each week and day, whether employed by one or more
employers.
Article IV — Wages
Section 1. The minimum wage that shall be paid to any employee,
except as hereinafter provided, shall be not less than forty (40)
cents per hour.
Sec. 2. All employees mentioned in Section 4, Article III, shall
be paid at the rate of not less than fifteen (15) dollars per week;
provided, however, that office boys under eighteen (18) years of
age may be paid at the rate of not less than eighty (80) percent of
the minimum wage stipulated in this Section 2; provided further,
that the number of office boys shall not exceed five (5) percent of
the total number of employees of any employer, covered by this sec-
tion; provided further, that where the total number of such em-
ployees is less than twenty (20), an employer shall be entitled to at
least one (1) office boy.
Sec. 3. (a) A person whose earning capacity is limited because of
age or physical or mental handicap may be employed on light work
at a wage of not less than eighty (80) percent of the minimum pre-
scribed by this Code, provided the State Authority or agency desig-
nated by the United States Department of Labor shall have issued
a certificate authorizing his employment on such basis. Each mem-
ber of the Industry shall file with the Code Authority a list of all
such persons employed by him.
362
(b) Apprentice card setters, for the first sixty (60) days of their
employment, shall be paid at a rate of not less than eighty (80) per-
cent oi the minimum wage provided in Section 1 of this Article IV.
The total number of such apprentices shall not exceed five (5) per-
cent of the total number of card setters of any one employer; pro-
vided, however, that each employer shall be entitled to at least one
(1) such apprentice.
Sec. 4. Female emi:)loyees performing substantially the same work
as male employees shall receive the same rate of pay as male em-
ployees. Each member of the Industry shall, within ninety (90)
days after the effective date of this Code, file with the Code Authority
a description of all occupations in which both men and women are
employed.
Sec." 5. This Article establishes minimum rates of pay regardless
of whether the employee's compensation is based on a time rate,
piece-work performance, or otherwise.
Sec. 6. The hourly rate, base piece-work rate, or salary of all em-
ployees receiving more than the minimum rate or salary shall be
equitably readjusted (but in no case reduced) unless such read-
justment has already been made because of the operation of the
President's Reemployment Agreement.
Article V — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be
employed in the Industry and no one under eighteen (18) years of
age shall be employed at operations or occupations hazardous in
nature or detrimental to health. In any State an employer shall
be deemed to have complied with this provision if he shall have on
file a certificate or permit duly issued by the Authority in such
State empowered to issue employment or age certificates or permits,
showing that the employee is of the required age. Each member
of the Industry shall submit to the Code Authority within thirty
(80) days after the effective date of this Code a list of hazardous
occupations.
Sec. 2. 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.
Sec. 3. 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 organiza-
tion of his own choosing.
Sec. 4. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
Sec. 5. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance or fire
protection, than are imposed by this Code.
363
Sec. 6. No employer shall reclassify employees or duties of occu-
pations performed or engage in any other subterfuge for the purpose
of defeating the purposes or provisions of the Act or of this Code.
Sec. 7. All employers shall post copies of Articles HI, IV. and V
of this Code in conspicuous places accessible to emploj^ees.
Sec. 8. Every employer shall make reasonable provisions for the
safety and health of his emplo3^ees at the place ancl during the hours
of their employment. Standards for safety and health shall be sub-
mitted to the Code Authority by each member of the Industry within
six (6) months aft^r the effective date of this Code.
Sec. 9. No provision in this Code shall supersede provisions as to
hours, wages, and conditions of employment which are established
for specific projects by competent goA^ermental authority acting in
accordance with law, or to terms of employment which are established
by labor agreements now in force, where either the wages are higher
or the hours of labor are shorter, or both, than are those set forth in
this Code.
Article VI — Administration
To further effectuate the policies of the Act, a Code Authority is
hereby constituted :
Section 1. Organization and constitution of Code Authority :
(a) The Code Authority shall consist of three (3) individuals, or
such other nmnber as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth. The Admin-
istrator, in his discretion, may appoint one to three additional mem-
bers (without vote) to represent the Administrator or such groups
or interests as may be agreed upon.
(b) The Code Authority shall consist of tliree (3) individuals to
be elected in the following manner by the members of the Industry
who have complied with the provisions of Section 4 of this
Article VI :
One (1) by equal vote of each member of the Industry so entitled
to vote.
Two (2) by weighted vote based on the number of card setting
machines owned by each member of the Industry so entitled to vote,
each member to have one vote for each card setting machine owned
at the time of balloting.
Votes for electing members of the Code Authority, as above speci-
fied, may be cast in person or by proxy at a meeting assembled for
such purpose or may be cast by letter ballot.
(c) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall:
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association, by-
laws, regulations, and any amendments when made thereto, together
with such other information as to membership, organization, and ac-
tivities as the Administrator may deem necessary to effectuate the
purposes of the Act.
(d) In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with
the provisions of the Act, the Administrator may provide such hear-
364
ings as he may deem proper ; and thereafter if he shall find that the
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, may require an appro-
priate modification in the method of selection of the Code Authority.
Sec. 2. The Code Authority shall have the following duties and
powers to the extent permitted by the Act; provided, however, that
if the Administrator shall determine that any action of a code au-
thority or any agency thereof is unfair or unjust or contrary to the
public interest, the Administrator may require that such action be
suspended for a period of not to exceed thirty (30) days to afford an
opportunity for investigation of the merits or such action and further
consideration by such code authority or agency pending final action,
which shall be taken only upon approval by the Administrator :
(a) Present to the Administrator recommendations based on con-
ditions in the Industry as they may develop from time to time which
will tend to effectuate the operation of the provisions of this Code
and the policy of the National Industrial Recovery Act. Such rec-
ommendations shall, upon approval by the President become opera-
tive as a part of this Code.
(b) Make investigations as to the functioning and observance of
any provisions of this Code, at its own instance or on complaint by
any person affected.
(c) Investigate and inform the Administrator on behalf of the
Industry as to the importation of competitive articles into the United
States in substantial quantities or in increasing ratio to domestic
production on such terms or under such conditions as to render inef-
fective or seriously to endanger the maintenance of this Code, and
as an agency for making complaint to the President on behalf of the
Industry, under the provisions of the Act, with respect thereto.
(d) Hear and attempt to adjust complaints in accordance with
law ; approve standard forms of contracts which shall be subject to
the approval of the Administrator; consider proposals for amend-
ments to this Code and make recommendations to the Administrator
thereon.
(e) Make rules and regulations necessary for the administration
of this Code, subject to the right of any affected person to appeal to
the Administrator.
Sec. 3. In order to provide data necessary for the administration
of this Code, all members of the Industry shall furnish to the Code
Authority such information or reports as may be required, subject
to the approval of the Administrator. Such information as may be
submitted by a member shall not be revealed to anyone not a member
of the Code Authority but shall at all times be available to the
Administrator.
Sec. 4. Members of the Industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. The
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review by the Administra-
tor, on the basis of volume of business and/or such other factors as
may be deemed equitable to be taken into consideration.
365
Article VII — Trade Practices
The following practices constitute unfair methods of competition
and are prohibited:
Section 1. False Marking or Branding: False marking or brand-
ing of any product of the Industry which has the tendency to mis-
lead or deceive customers or prospective customers, whether as to
the grade, quality, quantity, substance, character, nature, origin, size,
finish, or preparation of any product of the Industry, or otherwise.
Sec. 2. Misrepresentation or False or Misleading Advertising:
Making, causing, or knowingly permitting to be made or published,
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepa-
ration of any product of the Industry, or the credit terms, values,
policies, or services of any member of the Industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
prospective customers.
Sec. 3. Commercial Bribery: Giving, permitting to be given, or
directly offering to give, anything of value for the purpose of influ-
encing or rewarding the action of any employee, agent, or representa-
tive of another in relation to the business of the employer of such
employee, the principal of such agent or the represented party, with-
out the knowledge of such employer, principal or party; provided,
however, that this shall not be construed to prohibit free and general
distribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
above defi.ned.
Sec. 4. Interference with Contractual Relations: Maliciously in-
ducing or attempting to induce the breach of an existing oral or
written contract between a competitor and his customer or source of
supply, or interfering with or obstructing the performance of any
such contractual duties or services.
Sec. 5. Secret Rebates: Secretly paying or allowing rebates, re-
funds, commissions, credits, or miearned discounts, whether in the
form of money or otherwise, or the secret extension to certain pur-
chasers of special services or privileges not extended to all purchasers
on like terms and conditions. The giving of extended time beyond
the regular established net payment period filed with his prices by
each member of the Industry is to be construed as unearned discount,
unless interest is charired at the rate of six (6) percent per annum.
Sec. 6. Giving of Prizes, Premiums, or Gifts : Giving or offering
to give prizes, premiums, or gifts in connection with the sale of prod-
ucts of the Industry or as an inducement thereto, by any scheme
which involves lottery, misrepresentatioUj or fraud.
Sec. 7. Defamation : Defaming competitors by falsely imputing to
them dishonorable conduct, inability to perform contracts, question-
able credit standing, or by other false representations or by the false
disparagement of the grade or quality of their goods.
Sec. 8. Threats of Litigation : Publishing or circulating threats
of suits for infringement of patents or trade marks or of any other
legal proceedings not in good faith, with the tendency or effect of
harassing competitors or intimidating their customers.
366
Sec. 9. Espionage of Competitors : Securing confidential informa-
tion concerning the business of a competitor by a false or misleading
statement or representation, by a false impersonation of one in
authority, by bribery, or by any other unfair method.
Sec. 10. Selling or offering to sell at variance from filed price
lists : Selling or offering to sell at prices different from prices filed
with the Code Authority as hereinafter provided in Section 11,
Article VII.
Sec. 11. Publication of Prices: Failing to file with the Code
Authority within ten (10) days after the effective date of this Code
a complete schedule of prices and terms of sale, with sufficient copies
for all members of the Industry. The schedule of prices filed by a
member of the Industry shall not be changed except by filing, as
above provided, a new complete schedule of prices and terms of sale,
which shall become effective five (5) days after the date on which
such new price schedule shall have been so filed. During the above
five (5) day period, any competitor shall have the privilege of filing
with the Code Authority, as above provided, new prices to become
effective on the same date. The Code Authority shall cause a copy
of all price lists filed to be promptly sent to all members of the
Industry. For a period of ten (10) days beginning with the date on
which the new prices become effective, the member of the Industry
may accept orders upon quotations which were outstanding at the
time of filing such prices.
Sec. 12. Selling Below Cost: Selling or offering to sell products
of the Industry below individual's cost, except
(a) To meet competition of another member's lower cost, pro-
vided such competition is not instigated directly or indirectly by the
member desiring to meet such competition, and
(b) To meet competition in violation of this rule concerning which
he has made complaint to the Code Authority or any autnorized
agency thereof, but only pending action thereon.
Cost for the purpose of this Section 12 shall be determined by a
method of cost accounting subject to the approval of the Adminis-
trator to be adopted by the Code Authority within sixty (60) days
after the effective date of this Code and to be used by all members
of the Industry in determining cost.
Section 13. Guarantees against price changes : Making or giving,
or offering to make or give guarantees or protection in any form
against changes in prices beyond a period oi fifteen (15) days.
Article VIII — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Section 10 (b) of the Act, from time to time to cancel
or modify any order, approval, license, rule, or regulation issued
under Title I of said Act and specifically, but without limitation,
to the right of the President to cancel or modify his approval of
this Code or any conditions imposed by him upon his approval
thereof.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified or supplemented on the basis of experience or
367
changes in circumstances, such modification to be based upon appli-
cation by the Code Authority to the Administrator with such notice
of hearing as he shall specify, and to become effective on approval
by the President.
Article IX — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress or discrimi-
nate against small enterprises.
Article X — Price Increase
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases should be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increases in the
sellers' costs.
Article XI — Effective Date
This Code shall become effective on the fifth day after its approval
by the President and shall be binding upon every member of the
Industry.
Approver! Code No. 222.
Registry No. 1333-11.
O
Approved Code No. 223
CODE OF FAIR COMPETITION
FOR THE
CONSTRUCTION MACHINERY DISTRIBUTING
TRADE
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
CONSTRUCTION MACHINERY DISTRIBUTING
TRADE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code
of Fair, Competition for the Construction Machinery Distributing
Trade, and hearings having been duly held thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President :
XOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6513-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that .said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industnal Recovery.
Approval Recommended :
Malcolm Muir,
Division Adiiimistrator.
Washington, D.C,
Jamiary 23, 1934-.
33367° 313-112 34 (369)
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the
Construction Machinery Distributing Trade in the United States,
as revised after a Public Hearing, conducted in Washington on
October 9, 1933, in accordance with the provisions of the National
Industrial Kecovery Act.
PROVISIONS FOR WAGES AND HOURS
A maximum work week of forty (40) hours, and not to exceed
eight (8) hours per day is adopted under the Code, with provision
for peak periods of forty-eight (48) hours per week for not more
than three (3) weeks of any six (6) months' period. Executives
receiving more than thirty-five (35) dollars per week and outside
salesmen are excepted from the schedule of maximum hours, while
outside service employees, those engaged in plant maintenance, and
stock room employees may work a maximum of forty-eight (48)
hours per week with payment of time and one-third for all hours
worked in excess of forty (40) hours per week. Watchmen may not
work more than fifty-six (56) hours in any one (1) week, nor more
than six (6) days in any seven (7) day period.
The minimum wage for all hourly rated employees will be not
less than forty (40) cents per hour, except that learners may be paid
at the rate of not less than eighty (80) percent of this minimum wage
for the first six (6) months of their employment. The number of
such learners shall not exceed five (5) percent of the total employees.
Clerical employees will be paid at the rate of not less than fifteen
(15) dollars per week, while office boys will be paid at not less than
eighty (80) percent of this rate.
The Code has a provision for equitable adjustment of all pay
schedules in excess of the minimum provided.
CHILD LABOR
The minimum age of employees will be sixteen (10) years, except
in hazardous occuj)ations, where the minimum is raised to eighteen
(18) years. . ■
ECONOMIC EFFECT OF THE CODE
The forty (40) hour week stipulated in the Code is a reduction
from a former average of fifty (50) hours, and the Trade estimates
that under the Code employment will be increased approximately
fifteen (15) percent.
Minimum wage rates specified represent an increase of approxi-
mately twelve (12) percent over the wages prevailing before the
adoption of the hourly schedule called for in this Code.
TJie three b.undred and eiglity (380) companies in the Trade em-
ployed five thousand (5,000) men in 1929; this number declined to
(370)
371
four thousand five hundred (4,500) in 1932, a drop of ten (10) per-
cent. Sales during this period declined to twenty-one (21) percent
of the 1929 figure.
This Trade distributes road machinery and other classes of con-
struction machinery and equipment. Activity in the Trade neces-
sarily follows the building programs of the country and the Trade
has suffered severely because of the lack of building during the last
four years. A realization of the expected increase in construction
activity will mean a rapid rise in employment in this Trade.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having founcl as herein set forth and on the basis of all the pro-
ceedings in this matter ;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all resjDects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Sex?tion 10 thereof; and that the applicant associa-
tion is a trade association truly representative of the aforesaid
Trade; and that said association imposes no inequitable restrictions
on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
snuill enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reason,s, this Code has been approved by me.
Respectfully,
Hugh S. Johnson,
Administrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
CONSTRUCTION MACHINERY DISTRIBUTING TRADE
Article I — Purposes
To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Code of
Fair Competition for the Construction Machiner}^ Distributing
Trade and upon approval by the President shall be the standard
of fair competition for such Trade and shall be binding upon every
member thereof.
Article II — Definitions
The term " Construction Machinery ", or " Machinery ", as used
herein, shall include any machinery, equipment, or attachments used
in the construction or maintenance of any project, but not becoming
a permanent part of the structure or of its operation.
The term " Construction Machinery Distributor ", or " Distribu-
tor", as used herein, shall include any person, other than a manu-
facturer, who warehouses, sells, or distributes construction machinery
as herein above defined.
The term " Construction Machinery Distributing Trade "', or
" Trade ", as used herein, includes distributors as herein above
defined.
The term " Member of the Trade " as used herein includes anyone
engaged in the Trade as above defined either as an employer or on his
own behalf.
The term " Employee " as used herein includes anyone engaged in
the Trade in any caj^acity receiving compensation for his services, ir-
respective of the nature or method of payment of such compensation.
The term " Employer " as used herein includes anyone by whom
any such employee is compensated or employed.
The term " Learner " as used herein is a person having no previous
experience in the Trade, and whose employment in the Trade as such
shall not exceed six (6) months.
The terms " President ", "Act ", and "Administrator ", as used
herein, shall mean respectively, the President of the United States,
tlie National Industrial Recovery Act, and the Administrator of
Title I of the said Act.
The term " Effective Date " as used herein means the second Mon-
day after the Code shall have been approved by the President of the
United States.
(372)
373
Article III — Hours
Section 1. No employee, except as hereinafter iDrovided, shall be
permitted to work in excess of eight (8) hours per da}^ or in excess
of forty (40) hours per week or in excess of six (6) days in any one
week; provided, however, that during inventory and other peak
periods, an employee may be permitted to work not in excess of forty-
eight (48) hours per week in any three (3) weeks in any six (6)
month's period.
Sec. 2. The limitation as to hours of work shall not apply to per-
sons in a managerial, executive, or supervisory capacity, who receive
more than thirty-five (35) dollars per week, and outside salesmen.
Watchmen shall not be permitted to work in excess of fifty-six
(56) hours per week nor in excess of six (6) days in any seven (7)
day period.
Sec. 3. The limitation as to hours of work shall not apply to
persons engaged in outside delivery service, plant maintenance, out-
side repair, and/or installation service, nor to persons engaged in
stock receiving and shipping service, who shall be permitted to work
not in excess of forty-eight (48) hours in any one week, provided
time and one-third is paid for all hours worked in excess of forty
(40) hours per week.
Sec. 4. The total number of hours which shall be worked by any
emplo3^ee whether with one or more employers, shall not exceed the
maximum as prescribed herein.
Article IV — Wages
Section 1. The minimum wage that nuiy be paid by any employer
to any employee, except as hereinafter provided, shall be not less
than forty (40) cents per hour; provided, however, that learners
may be paid at a rate of not less than eighty (80) percent of the
above minimum rate ;
Provided, further, that the number of learners receiving less than
such minimum rate shall not exceed five (5) percent of the total
number of employees of any one employer covered by this section;
except in cases where the total number of such emploj'ees is less than
twenty (20), not more than one such learner may be thus employed.
Sec. 2. The minimum wage that may be paid by any employer to
all clerical employees and salesmen (whether employed on a salaiy
or commission basis) shall be at a rate of not less than fifteen (15)
dollars per week;
Provided, however, that office boys and girls may be paid at a
rate of not less than eighty (80) percent of such minimum wage;
Provided, further, that the number of such office boys and girls
shall not exceed five (5) percent of the total number of employees
of any one employer covered by this section; except in cases where
the total number of such employees is less than twenty (20), not
more than one such office boy or girl may be thus employed.
Sec. 3. No employee whose normal full-time weekly hours for the
four (4) weeks ending June 30, 1933, are reduced by less than twenty
(20) percent, shall have his or her full-time weekly earnings re-
374
duced. Any employee whose said full-time weekly hours are re-
duced by fifty (50) percent shall not have his or her said earnings
reduced by more than twenty-five (25) percent. All other employees
whose hours are reduced in excess of the said twenty (20) percent
shall have their earnings adjusted proportionatel}'.
Sec. 4. No person who has worked as a learner in the trade for
the ])eriod of time prescribed in Article II may thereafter be
classified as a learner.
Article V — General Labor Provisions
Section 1. No person under sixteen (IG) years of age shall be
employed in the Trade, nor anyone under eighteen (18) years of
age at operations or occupations hazardous in nature or detrimental
to liealth. In any State an employer shall be deemed to have com-
plied with this provision as to age if he shall have on file a certifi-
cate or permit duly issued by the Authority in such State empowered
to issue employment or age certificates or permits showing that the
employee is of the required age.
Sec. 2. 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.
Sec. 3. No employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain fTom joining, organizing, or assisting a labor organ-
ization of his own choosing.
Sec. 4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or ])rescribcd by the President.
Sec. 5. Within each State this Code shall not supersede any laws
of such State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or general v/orking conditions than under this Code.
Sec. 6. Employers shall not reclassify employees or duties of occu-
pations performed bv employees so as to defeat the j^urposes of the
Act.
Sec. 7. Each employer shall post in conspicuous places Articles
III. IV. and V of this"^Code.
Article VI — Administration
Section 1. To further effectuate the policies of the Act, a Code
Authority is hereby set up as a Supervisory Agency to cooperate
with the Administrator in making investigations as to the function-
ing and observance of any of the provisions of this Code, at its own
instance, or on complaint by any person affected and to report the
same to the Administrator.
Sec. 2. Such Code Authority shall consist of three members
chosen by the Executive Committee of the Associated Equipment
375
Distributors ; members of the Trade who assent to tlie Code but are
not members of the Associated Equipment Distributors may, if they
desire, elect two additional members of said Code Authority in any
fair manner approved by the Administrator. The Administrator
may also appoint one to three additional members, Avithout vote, to
gerve as representatives of the Government. Such governmental
representatives are to be appointed for terms of from six (6) months
to one (1) year, and if more than one is appointed, their terms are
to be arranged so that they do not expire at the same time. The
Code Authority shall have authority to establish subcommittees and
state, regional, or local committees, with such delegated powers as it
may deem necessary.
Sec. 3, (a) Any member of the Trade may become a member of
the Associated Equipment Distributors and there shall be no in-
equitable restriction on such membership.
(b) Any member of the Trade may participate in and share the
benefits of the activities of the Code Authority and participate in
rhe selection of the members thereof to the same extent as the mem-
bers of the Associated Equipment Distributors by assenting to and
com.plying with the requirements of this Code and sustaining his
reasonable share of the expenses of its administration. Such reason-
able share of the expenses of administration shall be determined by
the Code Authority, subject to review by the Administrator, on the
basis of volume of business and/or such other factors as may be
deemed equitable.
Sec. 4. Each trade or trade association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall ;
(1) Impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessar}' to effectuate
the purposes of the Act.
Sec. 5. In order that the Code Authority shall at all times be truly
representative of the Trade and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper ; and thereafter if he shall find that the Code
Authorit}^ is not truly representative or does not in other respects
compl}' with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
Sec. 6. The Code Authority may require members of the Trade to
make reports on such forms and in such manner as may be necessary
properly to inform the President of the United States with respect
to the observance of the Code, and to make recommendations to the
Administrator for modification of the Code.
In addition to information required to be submitted to the Code
Authority, there shall be furnished to government agencies such sta-
tistical information as the Administrator may deem necessary for
the purpose recited in Section 3 (a) of the National Industrial Re-
covery Act.
Sec. 7. The Code Authority' shall study the trade-practice pro-
visions of this Code and the operation thereof and shall make any
376
recommendations from time to time to the Administrator which it
deems desirable for modification or addition thereto.
Sec. 8. Any action taken by the Code Authority shall be subject
to the right of the Administrator on review to approve or disapprove
such action.
Article VII — Trade Practices
The following practices constitute vmfair methods of competition
and are prohibited :
Section 1. Inducing or attempting to induce a breach of contract
to which a member of the Trade is a party.
Sec. 2. Enticing or attempting to entice the officers or employees
of a competitor to violate their contract of employment; provided,
however, that nothing in this Section 2 shall prevent an employer
from employing the employees of another employer.
Sec. 3. Paying or allowing secret rebates, refunds, unearned dis-
counts or credits, either in the form of money or otherwise, or
secretly extending to certain purchasers special services or privileges
not extended to all purchasers on like terms or conditions.
Sec. 4. Paying or agreeing to pay, directly or indirectly, a com-
mission or consideration of any kind, except to persons regularly
employed in the seller's organization or to regularlj^ established
subdealers; provided, however, that nothing in this Section 4 shall
be construed to prevent the allowance of discounts to customers as
prescribed in the seller's published price lists and discount sheet.
Sec. 5. Accepting or offering to accept used machinery or attach-
ments, used ec|uipment, or other property in trade on the purchase
price of new machinery or attachments, or allowing or granting
credit, directly or indirectly, therefor; provided, however, that
nothing herein contained shall be construed to prevent a member of
the Trade from purchasing used machinery or equipment or other
property as a separate and independent transaction.
Sec. C. Selling below list price. No member of the Trade shall
sell or offer to sell any new standard machinery, attachments, or
equipment at a price lower or on terms more favorable than as
stated in his published jDrice lists, or price lists with discount sheets,
if any, filed in accordance with Article IX; provided, how^ever, that
damaged, obsolete, noncurrent, and distress construction machinerj'',
attachments, or equipment may be sold at such prices as are necesSsary
to move the goods into buyers' hands, but only after filing with the
Code Authority at least ten (10) days in advance of such sale a list
showing the quantity and description of such machinery.
Sec. 7. Quoting a lump-sum price on two or more pieces of equip-
ment which does not show unit prices, or making additions or
deductions on any other basis than the unit prices shown.
Sec. 8. Making or offering to make any guarantee on machinery
as to material and workmanship more liberal than the printed or
written guarantee of the manufacturer of such machinery.
Sec. 9. Accepting orders for future delivery subject to cancella-
tion, except such orders as are contingent upon conditions affecting
the purchaser, which conditions shall be clearly gtated in the order;
provided, however, that after sixty (60) days from date of order no
t5
377
coinpetitior shall be estopped under Section 1 of this Article VII
from attempting to sell the purchaser machinery in lieu of that
covered by such contingent order.
Sec. 10. Misrepresenting the facts about a competitor or the goods
which he sells.
Sec. 11. ISIisrepresenting the facts about one's own company or the
goods which it sells.
Sec. 12, Quoting delivered i)rices or invoicing purchaser without
adding, to the f,o,b, factory price, transportation and other charges,
and failing to state in c^uotation, vdiere freight is to be prepaid, that
such prepaid freight will be charged as a separate item and billed
net cash.
Sec. 13. Guaranteeing against advances and declines in prices of
goods sold.
Sec. 14. Allowing more than ninety (90) percent of the net selling
prices as credit on returned goods when the distributor or manufac-
turer is not at fault.
Sec. 15. Discriminating between purchasers, by renting new ma-
chines or attachments at less than a reasonable rental price or by
allowing any of the first two months' rental or more than eighty (80)
percent of rentals thereafter paid or accrued to be applied a.s partial
payment or reduction of the list or net selling price on like new
equipment where the transaction is later converted into a sale.
Sec, 16. Selling a new machine or attachment subject to accept-
ance after trial; provided, however, that this shall not prevent
making and completing a sale subject to performance in compliance
with specific guarantees.
Sec. 17. Failing to require on installment sales at least twenty-five
(25) percent cash payment before shipment or on delivery of the
goods sold and the payment of the balance of the purchase price
in monthly installments, the first installment to be payable in not
more than sixty (GO) days from date of shipment, the last install-
ment to be payable in not more than twelve (12) months from date
of shipment. All installments shall be evidenced by notes bearing
date of shipment and bearing interest at the rate of not less than
six (G) percent per annum from date of shipment until paid. No in-
stallment note shall be extended or renewed in whole or in part
except for actual inability of the purchaser to make payments. No
understanding for renewal or extension of any installment note shall
be made prior to the sale of the goods to the purchaser. In the case
of government or political subdivisions not less than twent3^-five (25)
percent cash payment shall be made not later than the first regular
meeting of the purchasing body subsequent to the date of delivery ;
the balance of the purchase price may be spread over a period of not
more than twelve (12) months from date of shipment and shall in-
clude interest at not less than six (G) percent per annum from date of
shipment to date of payment.
Article VIII — Scope of Code
Any member of the Trade may elect to be governed by either the
fair trade practices as set forth in Article VII of this Code or by the
fair trade practices set forth in the Code of Fair Competition of the
378
manufacturer or manufacturers of the goods which are sold by such
member of the Trade. Any member of the Trade shall be conclu-
sively presumed to have elected to be governed by the fair trade prac-
tices of this Code unless he shall have filed notice of a contrary in-
tention with the Code Authority of this Code and the Code Authority
of the Code by the fair trade practices of which he elects to be gov-
erned. Such election may be changed at any time upon notice filed
with the said Code Authorities. Provided, however, that the fair
trade practice provisions of Article VII of this Code shall not be
binding upon any member of the Trade with respect to the Goods
sold by the ultimate purchaser in competition Avith other sellers not
members of this Trade, unless and until such other sellers of said
competitive machinery are brought within the scope of the trade
practice provisions of this or some other Code of Fair Competition.
Article IX — Publicity or Prices
Section 1. Each member of the Trade shall within thirty (30)
days after the effective date of this Code file with the Code Author-
ity copies of his price lists, with discount sheets, if any, showing
prices for all machinery, attachments, and equipment which said
member sells. Each member of the Trade shall at all times main-
tain and file with the Code Authority price lists, with discount
sheets, if any, showing prices of all of said machinery, attachments,
and equipment and shall not make any change in said prices except
by filing notice of such price changes as hereinafter provided.
Sec. 2. None of the prices shown in any price lists, with discount
sheets, if any, filed by any member of the Trade as herein provided,
shall be changed except by filing by such member of the Trade of
new price lists, with discount sheets, if any. When any member of
the Trade has so filed changes in or revisions of his published price
lists, with discount sheets, if any, any other jnember of the Trade
may so file changes in or revisions of his i^nblished price lists, wdth
discount sheets, if any, which, if filed prior to the date when the
changes or revisions first filed become effective, shall become effective
upon that date.
Sec. 3. Each price list, with discount sheet, if any, shall become
effective ten (10) days after the filing of such price list, with dis-
count sheet, if any, w^ith the Code Authority; provided, how^ever,
that the first price lists, with discount sheets, if any, filed by any
member of the Trade as above provided, shall become effective on
the date of filing thereof.
Sec. 4. The operation of the foregoing shall at all times be subject
to review and disapproval of the Administrator.
Article X — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Section 10 (b) of the Act, from time to time to cancel
or modify any order, approval, license, rule, or regulation issued
under Title I of said Act and specifically, but without limitation, to
379
the right of the President to cancel or modify his approval of this
Code or any conditions imposed by him upon his approval thereof.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on approval by the President.
Article XI — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XII — Effective Date of this Code
This Code shall become effective on the second Monday after
its approval by the President and shall be binding upon every
member of the Trade.
Approved Code No. 223.
Registry No. 1399-17.
o
Approved Code No. 224
CODE OF FAIR COMPETITION
FOR THE
FURNITURE AND FLOOR WAX AND POLISH
INDUSTRY
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
FURNITURE AND FLOOR WAX AND POLISH
INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Eecovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Furniture and Floor Wax and Polish
Industry, and hearings having been duly held thereon and the
annexed report on said Code, containing findings with respect
thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise: do hereby incorporate by reference said
annexed report and do find that said Code complies i)i all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Adminktrator for Industnal Rccove)^.
Approval reconmiended :
Geo. L. Berry,
Div is ion A dministrator.
AVashington, D.C,
January 23, 193 J^.
35371° 313-116 34 (381)
The President,
The White Bouse.
Sir: This is a report on the Code of Fair Competition for the
Furniture and Floor Wax and Polish Industry, a hearing on which
was conducted in accordance with the provisions of the National
Industrial Recovery Act. The hearing was held in the Gridiron
Room of the Hotel Willard in Washington on January 4, 1934.
Provisions of the Code as to Wages and Hours
This Code specifies, with the exceptions indicated that no employee
shall be permitted to work in excess of 8 hours per day or an average
of 40 hours per week in any three-month period, but in no case, except
that of watchmen, in excess of 48 hours in any one week. From these
provisions there are exempted the following classes of emplo3^ees :
(a) Technical or professional employees, such as chemists, engaged
in their technical or professional capacity, who receive more than
$35 per week, but not including skilled operating personnel; em-
ployees in a managerial, supervisory, or executive capacity who
receive $35 or more per week; supervisors or highly skilled w^orkers
in continuous processes wdiere restriction of hours would unavoidably
reduce production and who receive $35 or more per week ; employees
on emergency, maintenance, and repair work; and outside salesmen.
(b) Employees on automotive or horse-draAvn passenger, express,
delivery, or freight service — who shall not be permitted to work in
excess of an average of 44 hours per week in any three-month period.
(c) Engineers, firemen, water tenders, and oilers, who shall not be
permitted to work in excess of 48 hours a week.
(d) Watchmen, who shall not be permitted to work in excess of
56 hours per week.
Provision is made for payment at the rate of time and one third
for overtime with minor exemptions specified.
The Code provides for a minimum wage of 40 cents per hour
except as follows :
(a) Employees engaged in the light tasks of wrapping, packaging,
filling, and labelling, who shall be paid not less than 35^/i per hour.
(b) Office boys and office girls may be employed at a rate not less
than $12 per week, provided, however, that not more than 5% of
the total number of office employees of each establishment may be
so classified and further provided, that each establishment may be
entitled to at least one such employee.
The minimum wage for employees engaged in the light packaging,
wrapping, filling, and labelling operations above indicated, is not
discriminatory against female employees. It has been stated that
about as many men as women are employed in this operation in the
Industry.
(38-:)
383
Economic Effect of the Code
The Code was presented by the National Polish and Mop Manu-
facturers Association and the National Association of Chemical Spe-
cialty Manufacturers. These groups, combined, are said to represent
seventy-five percent of the sales volume of the industry. The pres-
entation of the Code by the two groups reflects a desire upon the
part of the Industry to cooperate under the terms of the Act and
Code.
The Industry is reported to consist, essentially, of about 250 con-
cerns which are engaged in the manufacture, including packaging,
of products containing wax and/or oil compounds for use in the
treatment of floors and furniture. There are about ten large con-
cerns which employ upwards of 35 persons each, a few slightly
smaller ones, and a large number of one or two-man establishments.
These smallest establishments may be independent and owner-oper-
ated or they may represent a side-line or by-product activity of con-
cerns whose chief products are paint, various kinds of polishes, soap,
oils, chemical specialties, mops, etc. About 10% of manufacturers'
sales are in bulk implying the use of five-gallon or larger containers
and made either to large consumers or packaging concerns. The
greater part of the products of the Industry is sold in small units
through regular distributing channels of the hardware and grocery
trades.
Since tlie products are chiefly semiluxuries, the demand for them
is largely influenced by general business conditions, that is, by the
amount of money that people have to spend for other than absolute
necessities.
There are two seasonal peaks, spring and fall, in the demand.
Although the larger firms make efforts to anticipate peak demands
by building up stocks to some extent, there are practical difficulties
that prevent storing for long periods. Limitations of working capi-
tal tend to restrict manufacture for stock especially by the small
concerns.
Manufacture is so widespread and so relatively easy to start on a
small scale that there is generally sharp competition for all available
business both among nationally advertised brands and between these
and purely local products.
From current data, the Industry may be said to employ about 2,500
persons. This figure indicates a drop in employment since 1928,
when, it is estimated, 3,100 persons were employed.
The aggregate production capacity for the Industry is computed
to be $40,000,000. Aggregate annual sales in 1928 are stated to have
dropped in 1933' to $9,530,000 as compared with $14,660,000 in 1928.
The Industry, working under a general 49-hour week, has restored
employment practically to the 1928 figures. Furtlier improvement
in general business conditions invoking the overtime provision of
the Code, as provided for peak periods, should result in additional
employment.
The Code provides a minimum hourly rate of 35 cents per hour
for employees engaged in light tasks of wrapping, packaging, etc.,
and a minimum of 40 cents for all other classes of emploj^ees except
office boj's and girls.
384
Operating on minimnm hourly rates of 32.5 cents and 35 cents per
hour, respectively, for the two classes of work, under the President's
Reemployment Agreement, minimum weekly earnings were higher in
October 1933 than in June 1928. Application of the Code provisions
should increase minimum wages somewhat further.
Payrolls, it has been estimated, will be increased about 10% under
the application of the Code's labor provisions. This should restore
payrolls to a point somewhat above that of 1928.
Findings
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervi-
sion, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by producing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
associations are industrial associations truly representative of the
aforesaid Industry; and that said associations impose no inequi-
table restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons this Code has been approved.
Respectfully,
Hugh S. Johnson,
Ad^ninistrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
FURNITURE AND FLOOR WAX AND POLISH INDUSTRY
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Furniture and Floor Wax and Polish In-
dustry, and shall be the standard of fair competition for such indus-
try and shall be binding upon every member thereof.
Article II — Definitions
The term " industry " as used herein includes the manufacture,
including packaging, of products containing wax and/or oil com-
pounds as essential constituents, for use in the treatment of floors
and furniture, and such related industries as may from time to time
be included under the provisions of this Code,
The term " employee " as used herein includes anyone engaged in
the industry, in any capacity, receiving compensation for his services,
irrespective of the nature or method of payment of such
compensation.
The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed.
The term " member of the industry " includes anyone engaged in
the industry as above defined, either as employer or on his own
behalf.
The term "Associations " as used herein means the National Polish
and Mop Manufacturers Association and the National Association of
Chemical Specialty Manufacturers.
The terms " President ", "Act ", and "Administrator ", as used
herein shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Administra-
tor for Industrial Recovery.
Article III — Hours
A. No employee shall be permitted to work in excess of 8 hours
per day or an average of 40 hours per week in any three-month
period, but in no case in excess of 48 hours in any one week, except
as follows :
1. Technical or professional employees, such as chemists, engaged
in their technical or professional capacity,- who receive more than
(385)
386
$35 per week, but not including skilled operating personnel; em-
ployees in a managerial, supervisory, or executive capacity who
receive $35 or more per week; supervisors or highly skilled workers
in continuous processes where restriction of hours would unavoidably
reduce production and who receive $35 or more per week; employees
on emergency maintenance and repair work; and outside salesmen.
2. Employees on automotive or horse-drawn passenger, express,
delivery, or freight service, who shall not be permitted to work in
excess of an average of 44 hours per week in any three-month period
or in excess of 48 hours in any calendar week.
3. Engineers, firemen, water tenders, and oilers, who shall not be
permitted to work in excess of 48 hours a week.
4. Watchmen, who shall not be permitted to work in excess of
56 hours per week.
B. If any employee, with the exception of those employees included
in Section A (I) who receive $35 or more per week, outside salesmen
and watchmen — but not including employees on emergency mainte-
nance and repair work — w^orks in excess of 8 hours in any 24-hour
period, or in excess of 40 hours in any calendar week, the wage paid
for excess hours shall not be less than one and one third the regular
rate.
C If any emploj^ee works for more than one employer, no such
employer or employers shall knowingly permit any employee to Avork
for a total number of hours in excess of the number of hours pre-
scribed, and all emplo3^ers in the industry shall exercise due dili-
gence to carry out the purpose of this section.
D. No employee shall be permitted to work more than six days in
any calendar week.
Article IV — ^Wages
A. No employees shall be paid less than 400 per hour, except as
follows :
1. Employees engaged in the light tasks of Avrapping, packaging,
filling, and labeling, who shall be paid not less than 350 per hour.
2. Office boys and office girls may be emploj^ed at a rate not less
than $12 per week, provided, however, that not more than 5%
of the total number of office employees of each establishment may
be so classified and further provided, that each establishment may
be entitled to at least one such employee.
3. This article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time rate, piecework, or
other basis.
4. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
5. Employers shall adjust wage schedules in equitable relation to
the minimum hourly rates provided in this Article, so far as such
adjustments have not been made subsequent to June 16, 1933. In no
case shall hourly rates be reduced. Each member of the Industry
.shall promptly report all such adjustments to the Code Authority.
6. An employee shall receive all money due for services rendered
in the form of negotiable currency or checks without deduction there-
from except with his assent or as required by Federal or State laws.
387
Article V — General Labor Provisions
1. No person under IG years of age shall be employed in the indus-
try, nor anyone under 18 years of age at operations or occupations
hazardous in nature or detrimental to health. A list of all such
ha2iardous occupations shall be filed with the Code Authority within
90 da3^s from the effective date. In any State an employer shall be
de£med to have complied with this provision if he shall have on file
a certificate or permit duly issued by the authority, in such state,
empowered to issue employment or age certificates, showing that the
employee is of the required age.
2. Employees shall liave the right to organize and bargain col-
lectively 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.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing or assisting a labor organization of
his own choosing; and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers regu-
lating the age of employees, wages, hours of work, or health, fire
or general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees or engage in any other subterfuge so
as to defeat the purposes of this Code, and in this connectionem-
ployees engaged in two or more capacities or positions having differ-
ent duties connected therewith, one or more of which being limited
by maximum hours, shall be classified under the limited hour posi-
tion which is limited to the fewer number of hours per week and
shall not be permitted to Avork a total number of hours in excess of
those prescribed for such position.
7. Employers shall make reasonable provision for the safety and
health of their employees at the place and during the hours of their
employment.
8. An employer shall, to the best of his ability, so administer work
in his charge as to provide the maximum practical continuity of
employment for his personnel. Each member of the Industry shall
make a study and submit a plan for regularization and stabilization
of employment in his plant and shall submit such plan to the Code
Authorit3\
9. Each employer shall post in places accessible to employees full
copies of the labor provisions of this Code.
388
Article VI — Administration
To further effectuate the policies of the Act, a Code Authority
is hereby constituted to cooperate with the Administrator in the
administration of this Code.
1. Organization and constitution of Code Authority.
(a) The Code Authority shall consist of 7 members of the industry,
or such other number as may be approved from time to time by thft
Administrator, to be selected as hereinafter set forth. The Ad-
ministrator ma^y appoint not more than 3 additional members with-
out vote to represent the Administrator, without expense to the
Industry.
(b) The members of the Code Authority shall be selected by the
industry at a meeting of the members of the industry to be called
by the Associations within 20 days after the approval of this Code.
The method of selection of the Code Authority shall be fair and
equitable and subject to the approval of the Administrator.
(c) Related industries, which may from time to time be included
under the provisions of this Code with the approval of the Admini-
strator, may establish their own subordinate Code Authorities which
shall be independent and self-supporting, and may deal, under the
supervision of the main Code Authority, with the Administrator
in respect to conditions or problems relating exclusively to said
related industries and may amend the application of the provisions
of this Code to its members. The subordinate Code Authority of
such related industries shall be entirely responsible for the Adminis-
tration of this Code to such industry.
(d) The Association shall: (1) Impose no inequitable restrictions
on membership, and (2) submit to the Administrator true copies
of their articles of association, bylaws, regulations, and any amend-
ments when made thereto, together with such other information as
to membership, organization, and activities as the Administrator
may deem necessary to effectuate the purposes of the Code.
(e) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with
the provisions of the Code, the Administrator may provide such
hearings as he may deem proper; and thereafter, if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Code, may require
an appropriate modification in the composition and method of selec-
tion of the Code Authority.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the Code : If the Administrator shall
determine that any action of the Code Authorit}?^, or any agency
thereof, is unfair, unjust, or contrary to the public interest, the Aci-
ministrator may require that such action be suspended for a period
of not to exceed thirty days, to afford an opportunity for investi-
gation of the merits of such action and further consideration by
such Code Authority or agency pending final action, which shall be
taken only upon approval by the Administrator.
(a) With a view to informing the Administrator as to the observ-
ance of this Code, and as to whether the industry is taking appro-
priate stej^s to effectuate the policy of the Act, each member of the
389
industry shall furnish duly certified reports in the form and sub-
stance and as required for the proper administration of this Code.
The Code Authority is hereby constituted as the agency for the col-
lection and receipt of such reports and the for^yarding of such re-
ports to the Administrator. AH such reports sliall be held in strict
confidence b}^ the Code Authority, or any agency to which it may
delegate this dut}'^ except when they shall be required by the Ad-
ministrator or the Code Authority in connection with a violation
of the provisions of this Code.
(b) The Code Authority may from time to time present to the
Administrator recommendations, based on conditions in the industry
as they may develop, which will tend to effectuate the operation of
the provisions of this Code.
(c) The Code Authority is also set up to cooperate with the
Administrator in making investigations as to the functioning and
observance of any provisions of this Code,
(d) Members of the industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to par-
ticipate in the selection of the members thereof by assenting to and
complying with the requirements of this Code and sustaining their
reasonable share of the expenses of its administration. The reason-
able share of the expenses shall be determined by the Code Author-
ity, subject to review by the Administrator, on the basis of volume
of business and/or such other factors as may be deemed equitable.
(e) To study, in cooperation with such recognized organizations
a^ the Bureau of Standards, establishment of classifications and
standards of quality for products of the industry, with the view to
their recommendation to and adoption by the industry.
3. In addition to information required to be submitted to the
Code Authority, all members of the Industry shall furnish such
statistical information as the Administrator may deem necessary for
the purposes recited in Section 3 (a) of the Act to such Fecleral
and/or State agencies as he may designate; nor shall anything in
this Code relieve any person of any existing obligation to furnish
reports to any Government agencies.
Article VII — Labor Board
A labor board to consist of two members selected by the Code
Authority, two members selected by the Labor Advisory Board of
the National Eecoveiy Administration and a Chairman to be se-
lected by the Administrator shall be formed to consider and pass
upon any alleged violation, dispute, or nonobservance of the labor
provisions of the Code. All decisions shall, if unanimous, be final.
In the event that no agreement is reached, the matter shall be
referred to the appropriate Governmental agency.
Article VIII — Trade Practices
The following practices constitute unfair methods of competition
for members of the Industry and are prohibited :
1. False Marking or Branding. — The false marking or branding
of any product of the industry which has the tendency to mislead or
deceive customers or prospective customers, whether as to grade,
390
quality, quantity, substance, character, nature, origin, size, finish,
prejiaration, or otherwise.
2. Misre/presentation or False or Misleading Advertising . — The
making, causing, or knowingly permitting to be made or published,
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise having the tendency or capacity to mis-
lead or deceive customers or prospective customers.
3. C ommercial Bribery. — No member of the industry shall give,
permit to be given, or offer to give anything of value for the purpose
of influencing or rcAvarding the action of any employee, agent, or
representative of another in relation to the business of the employer
of such employee, the principal of such agent, or the represented
party. These provisions shall not be construed to prohibit free and
general distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinabove defined.
4. Interference with C ontractual Relations. — Maliciously inducing
or attempting to induce the breach of an existing contract between
a competitor and his customer or source of supply, or interference
with or obstructing the performance of any such contractual duties
or services.
5. Secret Rebates. — The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in
the form of money or otherwise, or the secret extension to certain
purchasers of special services or privileges not extended to all pur-
chasers on like terms and conditions.
6. Giving of Prizes, Premmms., Gifts, or Free Goods. — The offer-
ing or giving of prizes, premiums, or gifts in connection with the
sale of products. These provisions shall not be construed to pro-
hibit free and general distribution of articles commonly used for
advertising purposes.
7. Defamation. — The defamation of competitors by falsely imput-
ing to them dishonorable conduct, inability to perform contracts,
questionable credit standing, by other false representations, or by
false disparagement of the grade or quality of their goods.
8. Threats of Litigation. — The publishing or circularizing of
threats of suits for infringement of patents or trade marks or of
any other legal proceedings not in good faith.
9. Espionage of Competitors. — Securing confidential information
concerning the business of a competitor by a false or misleading
statement or representation, by a false impersonation of one in
authority, by bi*ibery, or by any other unfair method.
10. Sales Below Cost. — The Code Authority shall formulate or
cause to be formulated a uniform accounting system which shall be
adaptable to the accounting procedure and to the bustness of the
Industry. Such plan shall specify the factors Avhich shall be in-
cluded in determining the costs of each member of the Industry.
Upon approval by the Administrator of such a system of cost ac-
counting for the Industry, complete advice concerning it shall be
distributed by the Code Authority to all members of the Industry.
Thereafter no member of the Industry shall sell the products of
the Industry at such prices or upon such terms and conditions of
sale as will result in the purchaser paying for such product less than
391
the cost thereof to the seller, determined in accordance with the afore-
said system of cost account, except to meet competition, not insti-
gated directly or indirectly by the party desiring to meet such com-
petition, but to meet the price of a competitor whose price does not
violate the Code.
11. Published Prices. — Within ten (10) days after the approval
of this Code each member of the Industry shall publish and file
with- the Code Authority a price list for all products of the Industry
sold or offered for sale by him, together with the discounts and
transportation allowances, if any, allowed therefrom, and fixed
terms of p)ayment, which price lists shall fully and accurately de-
scribe each product. Kevised price lists, revised discounts, or terms
and conditions of sale, may be filed and published from time to time
thereafter by any member of the Industry ; provided, however, that
such revision shall be published and filed with the Code Authority
ten days in advance of the effective date thereof. Copies of all prica
lists and revised price lists and discounts, with notice of effective
date specified, shall be sent immediately by the Code Authority to
all known members of the Industry, who, thereupon, may file, if
they so desire, revisions of their price lists and/or discounts, which
may become effective upon the date when the revised price lists or
discounts, first filed, shall go into effect.
No member of the Industry shall sell or offer for sale, any product
of the Industry at prices lower than the prices noted in his price
list or on more favorable terms or conditions of sale than the terms
or conditions of the sale previously published and filed by such
member with the Code Authority in accordance with the foregoing
provisions and in effect at the time of such sale.
12. False Invoices. — The making of any false invoice with the.
intent or with the effect of misleading any interested party.
13. Consignment. — The sale or offering of any products of the
Industr}^ on consignment except by conditions as prescribed by the
Code Authority.
14. fStandard Terms of Cash Discount. — On and after the effective
date of the terms for cash granted by manufacturers, excluding ex-
port trade, shall not exceed :
Trade Sales Accounts — 2% for cash in 10 days — net 60 days
Bulk Sales Accounts — 1% for cash in 10 days — net 30 days
except that the discount to trade sales accounts may be extended to
the 10th day of the month following purchase. It is provided, how-
ever, that exception may be made in sales to charitable and nontax-
paying institutions, schools, hospitals, and religious institutions.
15. Other Practice.^. — Nothing in this Code shall limit the effect of
any adjudication by the Courts or holding by the Federal Trade
Commission or complaint, finding, and order, that any practice or
method is unfair, providing that such adjudication or holding is not
inconsistent with any provision of the Act or of this Code.
Article IX — Modification
1. This Code and all the provisions hereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
392
of subsection (b) of Section 10 of the Act, from time to time, to
cancel or modify any order, approval, license, rule, or regulation
issued under Title I of said Act and specifically, but without limita-
tion, to the right of the President to cancel or modify his approval
of this Code or any conditions imposed by him upon his approval
thereof.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or change in circumstances, such
modification to be based upon recommendation of the Code Author-
ity to the President, and such notice and hearing as he shall specify,
and to become effective upon his approval.
Article X — Monopolies, Etc.
No provisions of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase purchasing power will
be made impossible of consummation if prices of goods and services
increase as rapidly as wages, it is recognized that price increases
should be delayed and that, when made, the same should, so far as
reasonable, be limited to actual increases in the seller's costs.
Article XII — Effective Date
The provisions of this Code shall become effective ten (10) days
after its approval by the President.
Appi'ovetl Code No. 224.
Registry No. 625-02.
O
I
Approved Code No. 225
CODE OF FAIR COMPETITION
FOR THE
SMOKING PIPE MANUFACTURING INDUSTRY
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
SMOKING PIPE MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Smoking Pipe Manufacturing Industry,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President oi the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30.
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act: and do hereby order that said Code of Fair
Competition bo and it is hereby approved.
Hugh S. Johnson,
Administrator far Industrial Recovery.
Approval Recommended :
Geo. L. Berry,
Division Ad/mini strator.
Washington, D.C,
January 2S, 193 Jf..
28294' 29G-42 34 (393)
The President,
The White House.
Sir: A Public Hearing on the Code of Fair Competition for the
Smoking Pipe Manufacturing Industry, submitted by the Associa-
tion of Smoking Pipe Manufacturers of the United States located
in New York, was conducted in Washington on the 4th of October
1933 in accordance with the provisions of the National Industrial
Kecovery Administration. The association claims to represent 100
percent of the Industry.
The Code provides a maximum of forty hours per week. Office
employees are permitted a maximum of 421^ hours per week. Per-
sons employed in shipping and packing rooms, engineers and firemen
are permitted to work 48 hours per week except during the months
of June, July, August, and September, when engineers and fireman
shall not be employed for more than 40 hours per week.
Emploj'ees in a managerial or executive capacity, receiving $35.00
or more per week, emergency repair crews, outside salesmen, and
highly skilled workers when engaged in work on continuous pro-
cesses where the restriction of their hours of labor would reduce
production, are excepted entirely from the hours of labor, provided
time and one half is paid emergency repair crews and highly skilled
workers for all hours Avorked in excess of forty per week.
Census reports for 1929 showed prevailing hours of labor to be
between 45 and 48. The industry states that 54 hours has been the
average work week during the busy seasons, with 48 hours the mini-
mum at any period. Assuming 48 hours as the average work week
prior to the signing of the Reemployment Agreement, it is estimated
that the forty-hour week proposed in the Code would give employ-
ment to an additional 475 persons.
The industry states, and Census figures substantiate their claim
that there is no unemployment in the industry at the present time,
there being more workers employed now than in 1929. There has
been a gradual decline in employment since 1923, which was the
peak 3^ear for the industry, at which time 2,402 workers were em-
ployed in the industry. This decline has been consistent until 1933
when a gain is shown, due undoubtedly to the change in consumer
demand which has recentlj^ been evidenced.
This Code provides a minimum rate of 35 cents per hour or $14.00
per week, and this is established as a minimum rate of pay, regard-
less of whether an employee is cornpensated on time rate, piecework
performance, or other basis. The (Jode also provides that employers
shall endeavor to increase the pay of employees receiving wages above
the minimum.
Information on earnings of individual workers is very meager.
However, average annual wages can be computed from Census data.
The average annual wage in 1929 was $1,167.00 as compared with an
average of $1,315.00 for all industry combined. In 1931 the average
annual wage declined ten percent to $1,050.00 in this industry, as
(394)
395
compared with a 16 percent decline to $1,102.00 for all industry
combined.
The Avage bill in this industry claims a large share of the total
value of products. In 1929 the rates of wages paid to value of
products Avere 35.3 percent and in 1931 were 32 percent. Wages for
all manufacturing industries combined were 16 percent of the total
value of product in 1929, and 1T.4 percent in 1931.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industr3^
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Actj including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is a trade association truly representative of the aforesaid Industry;
and that said association imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
This Industry has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From the evi-
dence adduced during the hearing and from recommendations and
reports of the various advisory boards it is believed that this Code
in its present form as approved represents an effective, practical, and
equitable solution for this industry and for these reasons this Code
has been approved.
Respectfully,
Hugh S. Johnson,
A dm Inistrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
SMOKING PIPE MANUFACTURING INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is submitted as a Code of Fair Competition
for the Smoking Pipe Manufacturing Industry and its f)rovisions
shall be the standard of fair competition for such Industry and shall
be binding upon every member thereof.
Article II — Definitions
1. The term " Smoking Pipe Manufacturing Industry " shall mean
the manufacturing of any smoking pipe, cigar holder, and cigarette
holder, produced from imported or domestic woods, or other ma-
terials. The manufacture of corn cob pipes is specifically excluded
from this Code.
2. The term " employee " as used herein, includes anyone engaged
in the Industry in any capacity receiving compensation for his serv-
ices, irrespective of the nature or the method of payment of such
compensation.
3. The term " employer " as used herein, includes anyone by whom
any such employee is compensated or employed.
4. The term " member of the industry " includes anyone engaged
in the industry as above defined, either as an employer or on his own
behalf.
6. The terms "Act " and "Administrator " as used herein, shall
mean respectively Title I of the National Industrial Recovery Act
and the Administrator for Industrial Recovery.
Article III — Hours
1. No employee shall work or be permitted to work in excess of
forty (40) hours in any one week or eight (8) hours in any twenty-
four (24) hour period except such employees specifically excluded
from the provisions hereof by Sections 2 and 3 post.
2. Office employees shall not be employed for more than forty-two
and one half (42^^) hours per week and employees engaged in ship-
ping and in packing rooms, together with engineers and firemen,
shall not be employed for more than forty-eight (48) hours per week
except that during the months of June, July, August, and September
engineers and firemen shall not be employed for more than forty
(40) hours per week.
(396)
397
3. Employees in a managerial or executive capacity, who now re-
ceive thirty-five dollars ($35.00) per week or more, outride salesmen,
emergency repair creAvs, and highly skilled workers when engaged
in work on continuous processes where the restriction of their hours
of labor would reduce production, are hereby specifically exempted
from the maximum hours set forth in paragraphs 1 and 2 ante;
provided, however, that highly skilled workers and emergency repair
crews shall be paid at least time and one half for all hours worked
in excess of forty (40) hours per week.
4. Watchmen may be employed in pairs and shall not work more
than 36 and 48 hours on alternate weeks, or an average of 42 hours
per week.
5. No employee shall work or be permitted to work for a total
number of hours in excess of the number of hours herein prescribed,
whether he be employed by one or more employers.
Article IV — Wages
1. No employee shall be paid at less than the rate of thirty-five
cents (350) per hour or fourteen dollars ($14.00) per Aveek except
as herein otherwise provided.
(a) Employees engaged in wrapping and branding pipes and
placing them on display cards may oe paid at not less than the rate
of thirty cents (30^) per hour, provided that no such employee shall
be engaged in any other productive or mechanical work unless paid
at a rate not less than the minimum wage above provided. Such
employees shall in no case exceed fifteen percent (15%) of the total
number of employees of any, one employer.
(b) Apprentices, having no previous employment in this industry,
shall, for a period not to exceed six weeks, be paid not less than 80
percent of the minimum wage above provided. Such apprentices
shall in no case exceed five percent of the total number of employees
of anj' one employer.
2. This Article establishes a minimum rate of pay regardless of
whether an employee is compensated on a time-rate, piece-work per-
formance, or other basis.
3. It is the policy of the members of this industry to refrain from
reducing the compensation for employment which compensation
was, prior to June 16. 1933, in excess of the minimum wage herein
set forth, notwithstanding that the hours of work in such employ-
ment may be reduced; and all members of this industry shall en-
deavor to increase the pay of all employees in excess of the minimum
wage, as herein set forth, by an equitable adjustment of all pay
schedules.
Article V — General Labor Provisions
1. No person under 16 years of age shall be employed in the indus-
try, nor anyone under 18 years of age at operations or occupations
hazardous in nature or detrimental to health. The Code Authority
shall submit to the Administrator before January 1, 1934, a list of
such occupations. In any State an employer shall be deemed to
have complied with this provision if he shall have on file a certificate
398
or permit duly issued by the authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
2. Employees shall have the right to organize and bargain collec-
tively 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 sell-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization
of his own choosing, and
4. Employers shall comply with the maximum hours of labor, min-
imum rates of pay, and other conditions of employment, approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers reg-
ulating the age of employees, wages, hours of work, and general
working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act.
7. Each employer shall post in conspicuous places full copies of
this Code.
Article VI — Administr-vtion
To further effectuate the policies of the Act, a Code Authority is
hereby established to cooperate with the Administrator in the admin-
istration of this Code.
1. Organization and Constitution of Code AuthoHty. — (a) The
Code Authority shall consist of eight individuals, or such other num-
ber as may be approved from time to time by the Administrator,
to be selected by a fair method of selection from and by the industry
and appointed by the Administrator. In addition to these members
the Administrator shall appoint a chairman, who is to vote only in
the event of a tie, and, in his discretion, he may appoint not more
than three additional members without vote to serve for such period
of time as he may designate.
(b) The Association of Smoking Pipe Manufacturers of the United
States shall be the agencj'^ under the Code Authority, for adminis-
tering the provisions of this Code, subject to the approval of the
Administrator. This Association or any other trade or industrial
association directly or indirectly participating in the selection or
activities of the Code Authority shall: (1) Impose no inequitable
restrictions on membership. (2) Submit to the Administrator true
copies of its articles of association, bylaws, regulations, together with
any amendment or amendments when made thereto and such other
information as to membership, organization, and activities as the
Administrator may deem necessary and proper to effectuate the
purjDoses of the National Industrial Recovery Act.
399
(c) In order that the Code Authority shaJl at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative and does not in other respects
comply with the provisions of the Act, may take such action as may
be proper in the premises.
(d) Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustaining
their reasonaole share of the expenses of its adminstration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review b}^ the Administrator,
on the basis of volume of business and/or such other factors as may
be deemed equitable.
Sec. 2. Powers and Duties. — The Code Authority shall have the
following further powers and duties, the exercise of which shall be
reported to the Administrator and shall be subject to his right, on
review, to disapprove or modify any action taken by the Code
Authorit3^
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of
the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such administrative and/or gov-
ernment agencies as the Administrator may designate ; provided that
nothing in this Code shall relieve any member of the industry of any
existing obligations to furnish reports to any government agency.
No individual reports shall be disclosed to any other member of the
industry or any other party except to such governmental agencies
as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To niake recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(f ) To secure from members of the industry an equitable and pro-
portionate payment of the reasonable expenses of maintaining the
Code Authority and its activities.
(g) To cooperate Avith tlie Administrator in regulating the use
of any N.R.A. insignia solel}^ by those members of the industry who
have assented to, and are complying with, this Code.
400
(h) To recommend to the Administrator further fair-trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to tho
Administrator measures for industrial planning, including stabiliza-
tion of employment.
Article VII — Trade Practices
The following practices constitute unfair methods of competition
for members of the industry and are prohibited :
1. The selling or offering for sale of any product of the industry
below cost, as determined by a standard cost-accounting system to
be approved by the Administrator.
2. The selling of dropped lines, surplus, and rejected merchandise
and distress merchandise below cost except as approved by the Code
Authority.
(a) Dropped lines are defined as those lines of merchandise which
a particular manufacturer intends to discontinue but in no event shall
any line be considered a dropped line unless it has been offered to the
public for at least a period of six months.
3. False Marking or Bratiding. — The false marking or branding of
any product of the industry which has the tendency to mislead or
deceive customers or prospective customers, whether as to the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the industry, or otherwise.
4. Misrepresentation or False or Misleading Advertising. — The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry, or the credit terms, values,
policies, or services of any member of the industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
prospective customers,
5. Commercial Bribery. — Directly or indirectly to give or permit
to be given, or offer to give, money or anything of value to agents,
employees, or representatives of customers or prospective customers,
or to agents, employees, or representatives of competitors' customers
or prospective customers, without the knowledge of their employers
or principals, as an inducement to influence their employers or prin-
cipals to purchase or contract to purchase from the makers of such
gift or offer, or to influence such employers or principals to refrain
from dealing or contracting to deal with competitors.
6. Interference with Contractual Relations. — Maliciously inducing
or attempting to induce the breach of an existing oral or written
contract between a competitor and his customer or source of supply,
or interfering with or obstructing the performance of any such con-
tractual duties or services.
7. Secret Rebates. — The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in
the form of money or otherwise, or the secret extension to certain
purchasers of special services or privileges not extended to all pur-
chasers on like terms and conditions.
401
8. Giving of Prizei^^ Premiums^ or Gifts. — The offering or giving
of prizes, premiums, or gifts in connection with the sale of products
or as an inducement thereto, by any scheme which involves lottery,
misrepresentation, or fraud.
9. Defamation. — The defamation of comi)etitors hy falsely imput-
ing to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or by
the false disparagement of the grade or quality of their goods.
10. Threats of Litigation. — The publishing or circularizing of
threats or suits for infringement of patents or trade marks or of
any other legal proceedings not in good faith, with the tendency
or effect of harassing competitors or intimidating their customers.
11. Esinonage of Competitors. — Securing confidential information
concerning the business of a competitor by a false or misleading
statement or representation, by a false impersonation of one in
authority, by bribery or by any other unfair method.
12. Consigned Merclmndise. — No merchandise shall be sold on
consignment.
13. Trade Guarantees. — Pipes priced for sale, at less than one
dollar ($1.00), shall not be sold upon any guarantee of replacement
in the event that the same prove unsatisfactory; and no manufacturer
shall accept the return of a used pipe or replace the same, except
for defects of manufacture, such adjustments to be made only
between the manufacturer and the ultimate consumer.
14. Other Unfair Practices. — Nothing in this Code shall limit the
effect of an}^ adjudication by the Courts or holding hy the Federal
Trade Commission on complaint, finding, and order, that any prac-
tice or method is unfair, providing that such adjudication or holding
is not inconsistent with any provision of the Act or of the Code.
Article VIII — Modification
1. This Code and all the provisions thereof are expressl^^ made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10, of Title I of the National
Industrial E.ecover}'^ Act, from time to time to cancel or modify any
order, approval, license, rule, or regulation issued under Title I
of said Act and specifically, but without limitation, to the right of
the President to cancel or modif}^ his approval of this Code or any
conditions imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
modified or amended on the basis of experience or changes in cir-
cumstances, such modification or amendments to be based upon ap-
plication to the Administrator and such notice and hearing as ha
shall specify, and to become effective on approval of the Administra-
tor, unless otherwise provided.
Article IX — ^Monopolies
1. No provision of this Code sliall be so applied as to permit
monopolies or monopolistic ])ractices, or to eliminate, oppress, or
discriminate against small enterprises.
402
Article X — Price Increases
Wliercas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and serv-
ices increase as rapidly as wages, it is recognized that price increases
should be delayed and that, when made, tlie same should, so far as
reasonably possible, be limited to actual increases in the seller's costs.
Article XT--EFrECTi\T!: Date
This Code shall become effective on the tenth day after its approval
by the President.
Approved Code No. 225.
Registry No. 1651^2.
O
Approved Code No. 226
CODE OF FAIR COMPETITION
FOR THE
LIGHT SEWING INDUSTRY EXCEPT GARMENTS
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
LIGHT SEWING INDUSTRY EXCEPT GARMENTS
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June IG, 1933, for approval of a Code of
Fair Competition for the Light Sewing Industry Except Garments,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
A. D. Whiteside,
D i vision A d7)vinistrator.
Washington, D.C,
January 23, 193Jf.
35368°— —313-113 34 (403)
The President,
The White Hoiise.
Sir: This is a report on the Hearing on the Code of Fair Com-
petition for the Light Serving Industry Except Garments, held in
accordance with the provisions of the National Industrial Recovery
Act, in the Chinese Room of the Mayflower Hotel, on November 28,
1933. The Code which is attached was presented by duly qualified
and authorized representatives of the Industry, complying with stat-
utory requirements, said to represent 75 percent or more in volume of
each division of the Industry.
In accordance v,-ith the customary procedure every person who had
filed a request for an appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.
This Code is a combination of a number of separate Codes origi-
nally submitted to the Administration. These separate Codes would
have placed several divisions of this Industry under completely sepa-
rate documents. Should these Codes have been put through sepa-
rately, manufactiu^ers of more than one of the articles now included
within this Code would have been obliged to operate under several
Codes. Furthermore, a large number of small sewn articles not
listed specifically in any proposed Code might not have been brought
under the jurisdiction of the Act.
The tendency of Industry Groups and Associations was to submit
Codes for their principal items of manufacture, but to overlook or
fail to include the many small items made by them. It would be
almost impossible to enumerate these many small items in separate
Codes. Had they been included in the definition of the larger sepa-
rate sewing codes other than garments, manufacturers would have
found themselves operating under a multiplicity of such codes. Ac-
cordingly, the Code submitted herewith is designed to coordinate all
sewn articles other than garments that have not or are not being
granted separate Codes.
THE INDUSTRY
The Industry as represented by the seven divisions now specifically
included in the Code comprises about 232 concerns, having an invest-
ment in 1933 of $16,323,400. In 1928 the Industry provided employ-
ment for 10,821 employees. This figure has declined to about 8,404
workers during 1933. The aggregate annual sales have fallen from
$42,553,270 in 1928 to $30,534,100 in 1932.
PROVISIONS OF THE CODE
The Code provides for a minimum wage of 321/2 cents per hour.
Employees in the Fabric Auto Equipment Division, however, may
be paid at tlie rate of 30 cents per hoiu' in the South. The weekly
(404)
405
compensation for employment in excess of the minimum wages
provided in this Code shall not be reduced although the hours of
work have been reduced and provision is made for increasing the
pay for such employment by an equitable readjustment of all pay
schedules.
Office employees are permitted to work 48 hours in any one week
provided they do not work more than 40 hours per week averaged
over a period of two months. Hours of work for factory employees
are limited to 40 hours in any one w^eek and 8 hours in any 24-hour
period except that these employees are permitted to work 48 hours
per week for not more than six weeks in any six months' period pro-
vided that the number of hours shall not be in excess of 40 hours per
week averaged over a six months' period, and provided further that
all hours worked in excess of 40 hours in any one week shall be paid
for at not less than one and one third (IV^) times the normal rate.
Employees in a supervisory capacity receiving $35 per week or more,
watchmen and outside salesmen are not limited as to hours. Em-
ployees on emergency repair work are excepted from the maximum
hour provisions but are to be paid time and one third for overtime
work. Maintenance employees are permitted to Avork 44 hours per
week. Operations are limited to one shift of 40 hours in the Mattress
Cover Division and two shifts of 40 hours each per week in all the
other divisions.
Hours of work have been reduced from 47 to 40 by the applica-
tion of this Code. According to the Division of Eesearch and
Planning, the actual number of hours that this Industry will operate
under the provisions of the Code will be approximately 37 hours per
week, so that the effect will be to reduce the hours of Avork betAveen
15 and 20 percent and increase employment in the same proportion.
AA-erage Avages in this Industry Avill be increased from $13.00 to
approximately $15.00 per week. This represents a substantial in-
crease since the minimum wages must be raised considerably to
account for this change in aA-erage Avages.
Kepresentation on the Code Authority is provided for all members
of the Industry. The Code sets up Divisional Committees to aclmin-
ister the supplemental fair trade practices for the separate divisions
of this Industry.
There are no highly restrictive provisions in the Code itself.
Provision is made for prohibiting the sale of merchandise beloAv
cost in certain divisions Avhen and if a uniform and standard system
of cost accounting is approved by the Administrator. No such
provision, however, will become effective without further approval
of the Administrator.
FINDINGS
I find that:
(a) Said Code is avcU designed to promote the policies and
purposes of Title I of the National Industrial RecoA'ery Act, includ-
ing removal of obstructions to the free floAV of interstate and foreign
commerce Avhich tend to diminish the amount thereof and Avill pro-
vide for the general Avelfare by promoting the organization of indus-
try for the purpose of coopei-ative action among the trade groups,
by inducing and maintaining united action of labor and manage-
406
ment under adequate governmental sanction and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified b}^ me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
associations are industrial associations truly representative of the
aforesaid Industry; and that said associations impose no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and v/ill not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, this Code of Fair Competition for the Light
Sewing Industry Except Garments has been approved.
Respectfully,
Hugh S. Joiikson,
A clvvhi istrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
LIGHT SEWING INDUSTRY EXCEPT GARMENTS
Article I — Purposes
To effectuate the policies of Title I of the Nation.al Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Light Sewing Industry Except Gar-
ments, and shall be the standard of fair competition for such
Industry and shall be binding upon every member thereof.
Article II — Definitions
1. The term " Light Sewing Industry Except Garments "' or
" Industry " as used herein includes the manufacture and original
sale of all sewn textile articles and/or table pads and/or table mats
except wearing apparel and excepting such articles as are governed
by the provisions of other codes of fiiir competition, and shall
include such related branches or subdivisions as may from time to
time be included under the provisions of this code by the President
of the LTnited States after, such notice and hearing as he may
prescribe.
2. The terms '' table pad " and " table mat " as used herein are
defined to mean any mat manufactured for use in protecting the sur-
face of tables against heat, liquids, or marring, composed of a
water-proof surface and an insulating element such as asbestos, cork,
pasteboard, felt paper, or corrugated paper.
3. The term " member of the Industry '' includes, but without
limitation, any individual, partnership, association, corporation, or
other form of enterprise engaged in the Industry either as an em-
ployer or on his or its own behalf, and includes anyone who fur-
nishes or contracts for labor as a part of a larger or further operation
in the process of manufacturing any of the products of this Industry.
4. The term " employee " as used herein includes any and all per-
sons engaged in the Industry however compensated, except a member
of the Industry.
0. The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed.
G. The term " productive machinery " as used herein and as applied
to the divisions of this Industry is defined :
(a) For the Quilting Division : Quilting machines.
(b) For the Comfortable Division: Hand-guided sewing machines
and hand-needle work equipment, and automatic quilting machines.
(407)
408
(c) For the Covered Carpet Padding Division: Carpet lining,
sewing and quilting machines, garnetts, lappers, pickers, stitching
and bending machines, and cloth-cutting machines.
7. The term "Act " and '^Administrator " as used herein mean
respectively Title I of the National Industrial Kecovery Act and the
Administrator for Industrial Recovery.
Article III — Hours
1. No office employee shall work or be permitted to work in excess
of forty (40) hours per week, averaged over a period of two months,
or forty-eight (48) hours in any one Aveek or eight (8) hours in any
twenty-four (24) hour period.
2. No other employee, except as hereinafter provided, shall work
or be permitted to work in excess of forty (40) hours in any one week
or eight (8) hours in any twenty-four (24) hour period, except that
such "employees may be permitted to work forty-eight (48) hours per
week for not more than six (6) weeks in any six-month period, pro-
vided that the number of hours shall not be in excess of forty (40)
hours per week averaged over a six months' period. "Work done in
excess of forty (40) hours in any one Aveek, however, shall be paid
for at not less than one and one third (1%) times the normal rate.
3. The maximum hours fixed in the foregoing sections shall not
apply to :
(a) Executives and employees in a managerial or supervisor}' ca-
l^acity who receive thirty-five dollars ($35,00) or more per week,
watchmen, and outside salesmen.
(b) Repair-shop crews, engineers, electricians, and firemen, who
shall be permitted to work not in excess of forty-four (44) hours per
Aveek.
(c) Employees on emergency maintenance or emergency repair
work involving breakdowns or protection of life or property, but in
any such special case overtime shall be paid for at not less than one
and one third (1^^) times the normal rate.
At the end of each calendar month every employer shall report to
the Code Authority hereinafter provided for, in such detail as may
be required, the number of man-hours worked in that month in cases
of emergenc}^ and the ratio which said emergency man-hours bear to
the total number of man-hours of labor during said month.
4. Members of the Industry shall not operate for more than two
(2) shifts of forty (40) hours each per week, except as provided
hereafter in supplemental provisions.
5. No em]Dloyee shall work or be permitted to work for a total
number of hours in excess of the number of hours prescribed for
each week and day, whether employed by one or more employers.
Article IV — Wages
1. No employee shall be paid at less than the rate of 321/^ cents
per hour except that employees in the Fabric Auto Equipment Divi-
sion may be paid at the rate of not less than 30 cents per hour in the
Southern States, which shall include only the States of Virginia,
North Caroliuii. South Carolina, Georgia, Florida, Alabama, Mis-
409
sissippi, Tennessee, Kentucky, Louisiana, Arkansas, Oklahoma,
Texas, and the District of Cohimbia.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
3. The weekly rate of compensation for employment now in excess
of the minimum wages herein provided shall not be reduced (not-
withstanding that the hours worked in such employment may be
hereby reduced), and the pay for such employment shall be
increased by an equitable readjustment of all pay schedules.
4. Female employees performing substantially the same work as
male emjoloj^ees shall receive the same rates of pay as male employees.
5. A person Avho-e earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons emplo3''ed by him.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed in
this Industry. In any State any employer shall be deemed to have
complied with this provision if he shall have on file a certificate or
permit duly issued by the Authority in such State, empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
2. Employees shall have the right to organize and bargain collec-
tively 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.
3. 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 his own
choosing.
4. Employers shall comply with the maximum hours of labor, mini-
mum rates of pay, and other conditions of employment, approved or
prescribed by the President.
5. Within each State members of the Industry shall comply with
any laws of such State imposing more stringent requirements on
employers regulating the age of employees, wages, hours of work,
or health, fire, or general working conditions than under this Code.
G. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the Act.
7. Each employer shall post in conspicuous places accessible to
employees full copies of this Code.
8. Until adoption of further provisions of this Code that may
prove necessary in order to prevent any improper speeding up of the
35368° 313-113 34 2
410
work (stretch-outs) no manufacturing employee in the Industry shall
be required to do any work in excess of the practice as to the class of
work of such employee prevailing on July 1, 1933, or prior to the
Share-The-Work movement, unless such increase is submitted to and
approved by the Code Authority created by this Code, and by the
Administrator.
9. No employer shall have work done or labor performed on any
article produced in this Industry in the home of a worker, except
hand work only as follows :
(1) Candlewick bedspreads.
(2) Hand quilted textiles for a period of six months, but there-
after only if specifically exempted by the Administrator.
Article VI — Administration
There shall forthwith be constituted a Code Authority.
1. Organization and constitution of Code Authority :
(a) The membership of the Code Authority shall include seven
(7) members (which number may be increased to ten (10) members
if and when necessity arises therefor by further inclusion of addi-
tional Divisions within this Code) to be selected in a manner
aj^proved by the Administrator from the following Divisions :
Quilting, 1 Member.
Mattress Covers, 1 Member,
Comfortables, 1 Member.
Fabric Auto Equipment, 2 Members.
Other Members of the Industry, 1 Member.
In additon to the membership as above provided, there may be
three (3) additional members without vote appointed by the Admin-
istrator, one of whom may be appointed on the nomination of the
Labor Advisory Board of the NRA.
(b) Divisional Committees consisting of not more than seven (7)
members each shall be selected by each of the following divisions of
this Industry in a manner approved or prescribed by the Adminis-
trator: Comfortable Division, Covered Carpet Padding Division,
Fabric Auto Equipment Division, Mattress Cover Division, Table
Pad Division, and Quilting Division. New divisions of the Industry
may be established on the recommendation of the Code Authority
with the approval of the Administrator. The Administrator may
appoint up to three members, without vote, to each of the Divisional
Cfommittees.
(c) In order that the Code Authority and the Divisional Com-
mittees shall at all times be truly representative of the Industry and
in other respects comply with the j^rovisions of the Act, the Adminis-
trator may provide such hearings as he may deem proper; and
thereafter if he shall find that the Code Authority or the Divisional
Committees are not truly representative or do not in other respects
comply with the pro^dsions of the Act, may require an appropriate
modification in the method of selection of the Code Authority or
of the Divisional Committees.
(d) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
or a Divisional Committee shall (1) impose no inequitable restric-
411
tions on membership, and (2) submit to the Administrator true
copies of its articles of association, bylaws, regulations, and any
amendments when made thereto, together with such other informa-
tion as to membership, organization, and activities as the Adminis-
trator may deem necessary to effectuate the purposes of the Act.
i2. The Code Authority and the Divisional Committees shall have
the following duties and powers:
(a) The Code Authority shall cooperate with the Administrator
in the administration of the provisions of this Code. The Divisional
Committees, subject to the general approval of the Code Authority,
shall cooperate with the Administrator in the administration of
(he supplemental provisions applicable to their respective Divisions.
(b) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in the Industry
as they may develop which will tend to effectuate the operation of
the provisions of this Code. The Divisional Committees may present
to the Administrator recommendations concerning their respective
supplemental provisions. Such recommendations, when approved
by the Administrator, after notice to and after opportunity given
to the Divisional Committees of all Divisions affected to be heard,
shall have the same force and effect as any of the provisions of this
Code. Such recommendations may include recommendations for
use by all members of the Industry in their respective Divisions,
of an N.R.A. label and for the establishment of the necessary
machinery to manufacture and issue the same.
(c) The Code Authority shall collect statistics covering number
of employees, wage rates, employee earnings, hours of work, and
such other data as may be prescribed or approved by the Adminis-
trator and may designate the Divisional Committees as the agencies
to collect such statistics.
(d) Members of the Industry shall be entitled to share in the
selection of the members of the Code Authority and of their ap-
propriate Divisional Committees by assenting to the requirements
of this Code and of any supplemental provisions thereto, and by pay-
ing their reasonable share of the expenses of the administration of
this Code and of such su])plemental provisions.
The reasonable share of the expenses of the Code Authority shall
be determined by the Code Authority on the basis of dollar volume
of business, subject to review by the Administrator. Such expenses
shall be collected by the appropriate Divisional Committee from
members of the Industry who are members of the above-mentioned
Divisions and by the Code Authority from members of the Industry
not members of such Divisions.
The reasonable share of the expenses of the Divisional Connnittees
shall be determined by the appropriate Divisional Conunittee on
the basis of dollar volume of business, subject to review by the Ad-
ministrator. Such expenses shall be collected by the appropriate
Divisional Committee.
(e) Nothing contained in this Code shall constitute the members
of the Code Authority or of the Divisional Connnittees partners for
any purpose, nor shall any member of the Code Authority or of the
Divisional Committees be liable in any manner to any one for any
act of any other member, officer, agent, or employee of the Code
412
Authorit}-. or of the Divisional Committees, nor shall any member
of the Code Authority, or of the Divisional Committees, exercising
reasonable diligence in the conduct of his duties hereunder be liable
to any one for any action or omission to act under this Code, except
for his own willful misfeasance or nonfeasance.
3. In addition to the information required to be submitted to
the Code Ar.thority, there shall be furnished to government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
4. If the Administrator shall determine that any action of a
Code Authority, Divisional Connnitte, or any agency thereof is
unfair or unjust or contrary to public interest, the Administrator
ma\- require that such action be suspended for a period of not to
exceed thirty days to afford an opportunity for investigation of
the merits of such action, and further consideration by such Code
Authority. Divisional Committee, or agency, pending final action
which shall be taken only upon approval by the Administrator.
Article VII — Trade Practices
1. The violation of any provision of this Code or of an}' supple-
mental provisions thereto shall constitute an unfair trade practice.
Article VIII — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the Act, from time to time
to cancel or modifj' any order, approval, license, rule, or regula-
tion issued under said Act.
2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modifications to be based upon application to the Administrator,
and such notice and hearing as he shall specify, and to become
effective on aproval of the Administrator.
Article IX — Monoi(h.iks
Xo provision of this Code shall be so applied as to permit mo-
nopolies or monopolis-tic practices, or to eliminate, oppress, or dis-
criminate against small enterprises.
Article X — Effective Date
This Code shall become effective on the tenth da}^ after approval.
Approved Code No. 226.
Registry No. 200-50.
COMFORTABLE DIVISION
Division No. 1
I — Definition
The term '* Comfortable Division " as used herein includes all
members of the Industry producing comfortables and comforts.
II — Trade Practices
1. No member of the Division shall sell or exchange or offer to
sell any product of the Division below his own cost, when and if
same may be determined as herein provided, except to meet the com-
petition of any member of the Division whose price for a product
of equivalent quality is not less than his own cost. When a uniform
and standard system of cost accounting, prescribed by the Divisional
Committee, shall be approved by the Administrator, every member
of the Division shall use a system of accounting which conforms
to the principles of such system. The Divisional Committee shall,
subject to the approval of the Administrator, determine the cost
factors to be included in such system.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section and to make provision
for the disposal of discontinued lines, seconds, and other sales to be
excepted from the application of this Section.
2. INIembers of the Division shall file with the Divisional Com-
mittee a schedule of prices and terms of sale for the products of the
Division, within thirty (30) days after the effective date of this
Code. Such price lists may be revised only upon five (5) days' notice
by registered mail to the Divisional Committee. The Divisional
Committee shall immediately send copies of all price lists filed to all
members of the Division.
]Members of the Division shall not sell their products at lower
prices or on more liberal terms than set forth in their own price list.
When any member of the Division revises his price list, any other
member of the Division may revise his price list accordingly, to be-
come effective on the same date as the revised price list first filed.
The following may be ,sold without filing revised price lists there-
for, but shall be reported to the Divisional Committee immediately
after sale: dropped lines and seconds.
The Divisional Committe shall have the power to suspend the
operation of the provisions of this Section.
3. The following Unfair Trade Practices are prohibited :
(a) Giving, permitting to be given, or directly offering to give,
anything of value for the purpose of influencing or rewarding the
action of any employee, agent, or representative of another in rela-
tion to the business of the employer of such employee, the principal
(413)
4U
of such agent or the represented party, v^'ithoiit the knowledge of
such employer, principal, or party. This provision shall not be con-
strued to prohibit fi"ee and general distribution, of articles commonly
used for advertising except so far as such articles are actuall}^ used
for commercial bribery a,s liercinabove defined.
(b) Using or substituting any material inferior in quality to that
specified by the purchaser of any product.
(c) Maliciously indsicing or attempting to induce the breach of
an existing oral or written contract between a competitor and his
customer or source of supply or interfering with or obstructing the
performance of any such contractual duties or services.
(d) The secret payment or allowance of rebates, refunds, com-
missions, credits, or unearned discounts, whether in the form of
money or otherwise, or the secret extension to certain purchasers of
special services or privileges not extended to all purchasers on like
terms and conditions.
(e) The branding or marking of any product of the Division in
any manner which tends to deceive or mislead purchasers, with
respect to the grade, quality, quantity, origin, size, material content,
or jDreparation of such product.
(f) Selling on more liberal terms than 3/10 E.O.M.
(g) The failure to plainly mark seconds.
(h) The making or causing or knowingly permitting to be made
or published any false, materially inaccurate, or deceptive statement
by way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish,
or preparation of any product of the Division, or the credit terms,
values, policies, or services of any member of the Division, or other-
Avise, having the tendency or capacity to mislead or deceive cus-
tomers or prospective customers.
(i) Making sales upon any other terms than expressly set forth
in the invoice jDertaining to such sales.
4. The selling or offering for sale of any product of the Division
on memorandum or on consignment or on conditional sale shall be an
unfair trade practice.
The Divisional Committee shall have the power to suspend the
operation of the iDrovisions of this Section.
MATTRESS COVER DIVISION
Division No. 2
I — Definition
The term " Mattress Cover Division "" as used herein inchules all
members of the Industry producing mattress covers.
II — Trade Practices
1. ISTo member of the Division shall sell or exchange or offer to
sell any product of the Division below his OAvn cost, when and if same
may be determined as herein provided, except to meet the compe-
tition of any member of the Division whose price for a product of
equivalent quality is not less than his own cost. When a uniform
and standard system of cost accounting, prescribed by the Divisional
Committee, shall be approved by the Administrator, every member
of the Division shall use a system of accounting which conforms to
the principles of such system. The Divisional Committee shall, sub-
ject to the approval of the Administrator, determine the cost factors
to be included in such system.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section and to make provision
for the disposal of discontinued lines, seconds, and other sales to be
excepted from the application of this Section.
2. Members of the Division shall file with the Divisional Com-
mittee a schedule of prices and terms of sale for the products of the
Division, within thirty (30) days after the effective date of this
Code. Such price lists may be revised only upon five (5) days'
notice by registered mail to the Divisional Committee. The Divi-
sional Committee shall immediately send copies of all price lists filed
to all members of the Division.
Members of the Division shall not sell their products at lower
prices or on more liberal terms than set forth in their own price list.
When any member of the Division revises his price list, any other
member of the Division may revise his price list accordingly, to
become effective on the same elate as the revised price list first filed.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section.
3. The following Unfair Trade Practices arc prohibited :
(a) Giving, permitting to be given, or directly offering to give,
anything of value for the purpose of influencing or rewarding the
action of any employee, agent, or representative of another in rela-
tion to the business of the employer of such employee, the principal
of such agent, or the represented party, Avithout the knowledge of
such emploj'er, principal, or party. This provision shall not be con-
(415)
416
strued to prohibit free and ojeneral distribution of articles commonly
used for advertising except so far as such articles are actually used
for commercial bribery as hereinabove defined.
(b) Using or substituting any material inferior in quality to that
specified by the purchaser of any product,
(c) Maliciously inducing or attempting to induce the breach of
an existing oral or written contract between a competitor and his
customer or source of supply, or interfering with or obstructing the
performance of any such contractual duties or services.
(d) The secret payment or allowance of rebates, refunds, com-
missions, credits, or unearned discounts, whether in the form of
money or otherwise, or the secret extension to certain purchasers of
sjDecial services or privileges not extended to all purchasers on like
terms and conditions.
(e) The branding or marking of any product of the Division in
any manner which tends to deceive or mislead purchasers, with re-
spect to the grade, quality, quantity, origin, size, material content,
or jDreparation of such product.
(f ) Selling on more liberal terms than 3/10 E.O.M.
(g) The failure to plainly mark seconds.
(h) The making or causing or knowingly permitting to be made
or published any false, materially inaccurate, or deceptive statement
by way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the Division, or the credit terms,
values, policies, or services of any member of the Division, or other-
wise, having the tendency or capacity to mislead or deceive customers
or prospective customers.
(i) Making sales upon any other terms than expressly set forth
in the invoice pertaining to such sales.
4. The selling or offering for sale of any product of the Division
on memorandum or on consignment or on conditional sale shall be
an unfair-trade practice.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section.
Ill — Hours
1. Members of the Division shall not operate for more than one
shift of forty (40) hours.
TABLE PAD DIVISION
Division No. 3
I — Definition
The term " Table Pad Division " as used herein inchides all mem-
bers of the Industry producing table pads and/or table mats.
II — Trade Practices
1. No member of the Division shall sell or exchange or offer to
sell any product of the Division, except small novelty mats, belov7
his own cost of labor and raw materials except to meet the competi-
tion of any member of the Division whose price for a product of
equivalent quality is not less than his own cost. When a uniform
and standard system of cost accounting, prescribed by the Divisional
Committee, shall be approved by the Administrator, every member of
the Division shall use a svstem of accounting wdiich conforms to the
principles' of such system. The Divisional Committee shall, subject
to the approval of the Administrator, determine the cost factors to
be included in such system.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section and to make provision
for the disposal of discontinued lines, seconds, and other sales to be
excepted from the application of this Section.
The Administrator may suspend the operation of the provisions
of this Section after giving notice to the Division.
2. ]\Iembers of the Division shall file with the Divisional Commit-
tee a schedule of prices and terms of sale for the products of the
Division, except small novelty mats, within thirty (30) days after
the effective date of this Code. Such price lists may be revised only
upon five (5) days notice by registered mail to the Divisional Com-
mittee. The Divisional Committee shall immediately send copies
of all price lists filed to all members of the Division.
Members of the Division shall not sell their products at lower
prices or on more liberal terms than set forth in their own price
list. When any member of the Division revises his price list, any
other member of the Division may revise his price list accordingly,
to become effective on the same date as the revised price list first filed.
The Divisional Committee shall have the povrer to suspend the
operation of the provisions of this Section.
The Administrator may suspend the operation of the provisions
of this Section after giving notice to the Division.
3. The following Unfair Trade Practices are prohibited :
(a) Giving, permitting to be given, or directly offering to give,
anything of value for the purpose of influencing or rewarding the
(417)
418
action of any employee, agent, or representative of another in rela-
tion to the business of the employer of such employee, the principal
of such agent, or the represented party, without the knowledge of
such employer, principal, or party. This provision shall not be con-
strued to prohibit free and general distribution of articles commonly
used for itdvertising, except so far as such articles are actually used
for commercial bribery as hereinabove defined.
(b) Using or substituting any material inferior in quality to that
specified by the purchaser of any product.
(c) Maliciously inducing or attempting to induce the breach of an
existing oral or written contract between a competitor and his cus-
tomer or source of supply, or interference with or obstructing the
performance of any such contractual duties or services.
(d) The secret payment or allowance of rebates, refunds, commis-
sions, credits, or unearned discounts, whether in the form of money
or otherwise, or the secret extension to certain purchasers of special
services or privileges not extended to all purchasers on like terms
and conditions.
(e) The branding or marking of any product of the Division
in any manner which tends to deceive or mislead purchasers, with
respect to the grade, quality, quantity, origin, size, material content,
or preparation of such product.
(f ) Selling on more liberal terms than 2% 10 days, end of month,
net 60 days.
(g) The failure to plainly mark seconds.
(h) The making or causing or knowingly permitting to be made
or published any false, materially inaccurate, or deceptive statement
by way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the Division, or the credit terms,
values, policies, or services of any member of the Division, or other-
wise, having the tendency or capacity to mislead or deceive cus-
tomers or prospective customers.
(i) Making sales upon any other terms than expressly set forth
in the invoice pertaining to such sales.
(j) Making any allowances or discounts for advertising or for
payment for space in newspapers, magazines, guides, or directories on
behalf of any retailer to be used in promoting the sale of merchan-
dise to the consumer. The supplying of cuts, matrices, or window
cards shall, how^ever, not be included in such prohibition. This
provision shall not be circumvented by advertising directly for the
benefit of any purchaser or particular group of purchasers. Nothing
herein, however, shall be deemed to prohibit any member of the Di-
vision from nationally or generally advertising his merchandise so
as to benefit all of his trade equally.
QUILTING DIVISION
Division No. 4
I — Definition
The term " Quilting Division " as used herein inchides all members
of the Industry producing quilting and quilting products,
II — Trade Practices
1. No member of the Division shall sell or exchange or offer to sell
any product of the Division below his own cost, when and if same
ma.y be determined as herein provided, except to meet the competi-
tion of any member of the Division whose price for a product of
equivalent quality is not less than his own cost. When a uniform
and standard S3^stem of cost accounting, prescribed by the Divisional
Committee, shall be approved by the Administrator, every member
of the Division shall use a system of accounting which conforms to
the principles of such system. The Divisional Committee shall, sub-
ject to the approval of the Administrator, determine the cost factors
to be included in such system.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section and to make provision
for the disposal' of discontinued lines, seconds, and other sales to be
excepted from the application of this Section.
2. Members of the Division shall file with the Divisional Com-
mittee a schedule of prices and terms of sale for the products of the
Division, within thirty (30) days after the effective date of this
Code. Such price lists may be revised only upon five (5) days' notice
by registered mail to the Divisional Connnittee. The Divisional
Committee shall immediately send copies of all price lists filed
to all members of the Division.
Members of the Division shall not sell their products at lower
prices or on more liberal terms than set forth in their oAvn price list.
When any member of the Division revises his price list, any other
member of the Division may revise his price list accordingly, to
become effective on the same date as the revised price list first filed.
The following may be sold without filing revised price lists there-
for, but shall be reported to the Divisional Connnittee innnediately
after sale : dropped lines and seconds.
The Divisional Conmiittee shall have the power to suspend the
operation of the provisions of this Section.
3. The following Unfair Trade Practices are prohibited :
(a) Giving, permitting to be given, or directly offering to give,
anything of value for the purpose of infiuencing or rewarding the
action of any employee, agent, or representative of another in rela-
(419)
420
tion to the business of the employer of such employee, the principal
of such agent or the represented party, without the knowledge of
such employer, principal, or party. This provision shall not be con-
strued to prohibit free and general distribution of articles commonly
used for advertising except so far as such articles are actually used
for commercial bribery as hereinabove defined.
(b) Using or substituting any material inferior in quality to that
specified by the purchaser of any product.
(c) Maliciously inducing or attempting to induce the breach of
an existing oral or written contract between a competitor and his
customer or source of supply, or interfering with or obstructing the
performance of any such contractual duties or services.
(d) The secret payment or allowance of rebates, refunds, com-
missions, credits, or unearned discounts, whether in the form of
money or otherwise, or the secret extension to certain purchasers of
special services or privileges not extended to all purchasers on like
terms and conditions,
(e) The branding or marking of any product of the Division in
any manner which tends to deceive or mislead purchasers, with
respect to the grade, quality, quantity, origin, size, material content,
or preparation of such product.
(f) Selling on more liberal terms than 3/10 E.O.M.
(g) The failure to plainly stamp seconds.
(h) The making or causing or knowingly permitting to be made
or published any false, materially inaccurate, or deceptive statement
by way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish,
or preparation of any p)roduct of the Division, or the credit terms,
values, policies, or services of any member of the Division, or other-
wise, having the tendency or capacity to mislead or deceive customers
or prospective customers.
(i) Making sales upon any other terms than expressly set forth in
the invoice pertaining to such sales.
4. The selling or offering for sale of any product of the Division
on memorandum or on consignment or on conditional sale shall be
an unfair trade practice.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section.
FABRIC AUTO EQUIPMENT DIVISION
Division No. 5
I— DEriNITION
The term " Fabric Auto Equipment Division " as used herein
includes all member.s of the Industry producing auto seat and slip
covers, tire covers, top covers, side curtains, auto awnings, and fabric
accessories for automobiles.
II — Trade Practices
The following Unfair Trade Practices are prohibited :
(a) Giving, permitting to be given, or directly offering to give,
anything of value for the purpose of influencing or rewarding the
action of any employee, agent, or representative of another in rela-
tion to the business of the employer of such employee, the principal
of such agent or the represented party, without the knowledge of
such employer, principal, or party. This provision shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising, except so far as such articles are actually
used for commercial bribery, as hereinabove defined.
(b) The branding or marking of any product of the Division in
any manner which tends to deceive or mislead purchasers, with re-
spect to the grade, quality, quantity, origin, size, material content, or
preparation of such product.
(c) The making or causing or knowingly permitting to be made
or published any false, materially inaccurate, or deceptive statement
by way of advertisement or otherwise, whether concerning the gi'ade,
quality, quantity, substance, character, nature, origin, size, finish,
or preparation of any product of the Division, or the credit terms,
values, policies, or services of any member of the Division, or other-
wise, having the tendency or capacity to mislead or deceive customers
or prospective customers.
(d) The failure to plainly stamp seconds.
(e) Rendering a bill or statement of account which is inaccurate
in any particular.
(f) Failure to show the present 2% excise tax on the invoice as
a separate item, excejiting in the case of those members of tlie Divi-
sion who sell to the jobbing or wholesale trade, who shall include
the excise tax in their selling price.
(g) The selling or offering for sale of any product of the Divi-
sion on memorandum or on consignment or on conditional sale shall
be an unfair trade practice.
The Divisional Committee shall have the power to suspend the
operation of the provision of this Section.
(h) Selling on more liberal terms than 2% 10 days E.O.M. net 30.
(i) Failure to invoice samples of complete products.
(421)
COVERED CARPET PADDING DIVISION
Division No. 6
I — Definition
The term " Covered Carpet Padding Division " as used herein in-
cludes all members of the Industry producing padded, quilted, paper,
and/or cloth covered carpet and rug linings and stair pads.
II — Trade Practices
1. No member of the Division shall sell or exchange or offer to sell
any product of the Division below his. own cost, when and if same
may be determined as herein provided, except to meet the competi-
tion of any member of the Division whose price for a product of
equivalent quality is not less than his own cost. When a uniform
and standard system of cost accounting, prescribed by the Divisional
Committee, shall be approved by the Administrator, every member of
the Division shall use a system of accounting which conforms to the
principles of such systein. The Divisional Committee shall, subject
to the approval of the Administrator, determine the cost factors to
be included in such system.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section and to make provision for
the disposal of discontinued lines, seconds, and other sales to he
excepted from the application of this Section. ^
2. Members of the Division shall file with the Divisional Com-
mittee a schedule of prices and terms of sale for the products of the
Division, within thirty (30) days after the effective date of this
Code. Such price lists may be revised only upon five (5) days
notice by registered mail to the Divisional Committee. The Divi-
sional Committee shall immediately send copies of all price lists
filed to all members of the Division.
Members of the Division shall not sell their products at lower
prices or on more liberal terms than set forth in their own price list.
When any member of the Division revises hi,s price list, any other
member of the Division may revise his price list accordingly, to
become effective on the same date as the revised price list first filed.
The following may be sold without filing revised price lists there-
for, but shall be reported to the Divisional Committee immediately
after sale: dropped lines.
The Divisional Committee shall have the power to suspend the
operation of the provisions of this Section.
3. The following Unfair Trade Practices are prohibited :
(a) Giving, permitting to be given, or directly offering to give]
anything of value for the purpose of influencing or rewarding thr
(422)
423
action of any emi^loyee, agent or representative of another in relation
to the business of the emph)yer of such eniplo^'ee, the principal of
such agent or the represented party, without the knowledge of such
employer, principal, or party. This provision shall not be construed
to prohibit free and general distribution of articles commonly used
for advertising except so far as such articles are actually used for
commercial bribery as hereinabove defined.
(b) Using or substituting any material inferior in quality to that
specified by the purchaser of any product.
(c) Maliciously inducing or attempting to induce the breach of an
existing oral or written contract between a competitor and his cus-
tomer or source of supply, or interference with or obstructing the
performance of any such contractual duties or services.
(d) The secret payment or allowance of rebates, refunds, com-
missions, credits, or unearned discounts, whether in the form of
money or otherwise, or the secret extension to certain purchasers of
special services or privileges not extended to all purchasers on like
terms and conditions.
(e) The branding or marking of any product of the Division in
any manner which tends to deceive or mislead purchasers, with
respect to the grade, quality, quantity, origin, size, material content,
or preparation of such product.
(f) Selling on more Hberal terms than 5/10 or 4/10/60 Ex.
(g) The making or causing or knowingly permitting to be made or
published any false, materially inaccurate, or deceptive statement by
way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the Division, or the credit terms,
values, policies, or services of any member of the Division, or other-
wise, having the tendency or capacity to mislead or deceive customers
or prospective customers.
(h) Making sales upon any other terms than expressly set forth
in the invoice pertaining to such sales.
MOTOR ROBE DIVISION
Division No. 7
I — Definition
The term " Motor Robe Division " as used herein includes all
members of the Industry producing motor robes exclusive of loom-
finished, fringed steamer rugs.
II — Trade Practices
1. All deliveries shall be F.O.B. factor}^ or within the Metropoli-
tan District thereof.
2. The following Unfair Trade Practices are prohibited :
(a) Giving, permitting to be given, or directly offering to give,
anything of value for the purpose of influencing or rewarding the
action of any employee, agent or representative of another in rela-
tion to the business of the employer of such employee, the principal
of such agent or the represented party, without the knowledge of
such employer, principal, or party. This provision shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used for commercial bribery as hereinabove defined.
(b) The secret payment or allowance of rebates, refunds, com-
missions, credits, or unearned discounts, whether in the form of
money or otherwise, or the secret extension to certain purchasers of
special services or privileges not extended to all purchasers on like
terms and conditions.
(c) Selling on more liberal terms than 2% 10 days E.O.M. except
that for shipments made to points w^est of the Rocky Mountains
terms shall be 2% 10 days E.O.M. or 2% 10 days after receipt of
goods. Goods invoiced on and after the twenty-fifth of any month
may be dated as of the first day of the following month. No antic-
ipation shall be allowed at a greater rate than 6% per annum.
(d) Making guarantiees against price fluctuations.
(424)
o
Approved Code No. 227
CODE OF FAIR COMPETITION
FOR THE
WET MOP MANUFACTURING INDUSTRY
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
WET MOP MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Wet Mop Manufacturing Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been made
and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Act; and do hereby order that said Code of Fair Competition
be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industrial Recovery,
Approval Recommended:
A. D. Whiteside,
Division Administrator.
Washington, D.C,
January 2S, 1934-.
35309° 313-114 34 (425)
The President,
The White House.
INTRODUCTION
Sir: This is a report on the Hearing on the Code of Fair Com-
petition for the Wet Mop Manufacturing Industry, submitted by the
Wet Mop Manufacturers Association.
The Hearing was conducted in Washington on November 22, 1933.
Every person who filed requests for Hearing was freely heard in
public and all statutory and regulatory requirements were complied
with.
Attached herewith is a copy of the Code which was presented by
duly qualified and authorized representatives of the Industry, com-
plying with the statutory requirements as representing 45.5 percent
of the total number of producers in the Industry and 75 percent of
the volume.
EVIDENCE SUBMITTED
Evidence presented showed a total of thirty-four concerns em-
ploying, in the first quarter of 1933, a total of 381 employees, while
after the passage of the National Industrial Recovery Act and as a
result of the President's Reemployment Agreement, employment
jumped to 533 employees for the industry.
It was brought out that all members of the Industry had not only
been invited to join the Association but all had been urged repeatedly
to take their proper part in the formulation of the proposed Code.
Notices were mailed to every known concern which was conceivably
engaged in Wet Mop Manufacture. Likewise, every conceivably
known manufacturer of wet mops was notified of the Public Hearing
on this Code.
RESUME or PROVISIONS
The minimum wages established in this code of $13.00 per week
for the Northern section of the country and $12.00 for the Southern
section are identical with those established in the Code for the Cotton
Textile Industry. Because of the fact that a number of wet mop
manufacturers spin their own yarn, it is clearly evident that the
labor conditions are substantially the same.
One Southern manufacturer protested against the proposed mini-
mum wage established in the Code, in a statement that many of his
employees are so-called marginal' producers or substandard workers.
This statement was that such substandard employees could not
produce either the quality or the quantity of material as that pro-
duced by his competitors and that he, therefore, desired a lower
minimum wage.
(426)
427
In the belief that there is ample productive machinery within the
industry to produce all of the requirements in two shifts for forty
hours each per week, there is a provision in this code limiting the
operation of productive machinery to the above-stated hours per
week, which is similar to that established for the Cotton Textile
Industry.
It was further pointed out that there is certain competition in this
Industry from the institutions for the blind. In view of the fact
that there is a definite feeling among these institutions that they wish
to be a part and parcel of the National movement for the betterment
of the Industry, an amendment was added calling for cooperation
between the Code Authority for the Wet Mop Manufacturing Indus-
try and a committee established to represent the institutions for the
blind. The committee to be made up as follows :
Chairman of the Code Committee of the American Associa-
tion of Workers for the Blind.
President of this Association, or his representative.
A representative from the American Foundation for the
Blind.
The minimum wage and maximum hour provisions of the Code are
not to apply to institutions for the blind which comply with the
rules and regulations of the above committee.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, includ-
ing removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees ; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Subsection ^a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) or Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
428
aforesaid Industry; and that said association imposes no inequi-
table restrictions on admission to membership therein,
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
Adrninistrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
WET MOP MANUFACTURING INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Iiidnstrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Wet Mop Manufacturing Industry, and
shall be the standard of fair competition for such industry and
shall be binding upon every member thereof.
Article II — Definitions
1. The term " industry " as used herein includes the manufacture
or sale by the manufacturer, of wet, or scrub, mop heads and/or mops.
2. The term " employee " as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his serv-
ices, irrespective of the nature or method of payment of such
compensation.
3. The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed.
4. The term " member of the industry " includes anyone engaged
in the industry as above defined, either as an employer or on his
own behalf.
5. The terms " President ", "Act '', and "Administrator " as used
herein shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator of Title I of said Act.
Article III — Hours
1. (a) No employee shall be permitted to work in excess of 40
hours in any one week or 8 hours in any twenty-four (24) hour
period, except as hereinafter provided.
(b) Executives and employees in a managerial or supervisory
capacity who receive $35 or more per week are excepted from the
maximum-hour provisions of this section.
(c) Repair-shop crews, firemen, engineers, electricians, outside
crews and cleaners shall not be permitted to work in excess of 44
hours per week.
(d) Truckmen shall not be permitted to work in excess of 48 hours
per week.
(e) Watchmen shall not be permitted to work in excess of 56 hours
per week.
(429)
430
2. The maximum hours fixed in the foregoing section shall not
apply to any employee on emergency maintenance or emergency
repair work involving breakdowns or protection of life or property,
but in any such special case at least one and one third times his
normal rate shall be paid for hours worked in excess of the maximum
hours herein provided. All such emergency time shall be reported
monthly to the Code Authority hereinafter provided for.
3. No productive machinery in the industry shall be operated
for more than two shifts of 40 hours each per week.
Article IV — Wages
1. No employee shall be paid at less than the rate of 3214 cents per
hour in the North, and 30 cents per hour in the South. The South
shall include the section of the United States consisting of the
States of Virginia, North Carolina, South Carolina, Georgia, Ten-
nessee, Alabama, Mississippi, Louisiana, Texas, and Florida. The
North shall mean the rest of the United States.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piece-work, or
other basis.
3. Eates of pay in excess of the minimum hereinbefore prescribed
shall be increased so as to preserve equitable differentials.
4. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
Article V — General Labor PR0\^sI0NS
1. No person under sixteen (16) years of age shall be employed
in the industry, nor anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimental to
health. In any State an employer shall be deemed to have complied
with the age provisions of this section if he shall have on file a
certificate or permit duly issued by the authority in such State em-
powered to issue employment or age certificates or permits, showing
that the employee is of the required age.
2. Emploj'^ees shall have the right to organize and bargain col-
lectively 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.
3. No employee and no one seeking employment shall be required
OS a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers regu-
lating the age of employees, wages, hours of work, or health, fire, or
general working conditions than under this Code.
431
6. Emploj'crs shall not reclassify employees or duties of occupa-
tions performed by emplo3'ees so as to defeat the purposes of the
Act.
7. Each employer shall post Articles III, IV, and V of this Code
in conspicuous places, accessible to all employees.
Article VI — Administration
To further effectuate the policies of the Act, a Code Authority is
hereb}^ constituted to cooperate with the Administrator in the admin-
istration of this Code.
1. Organization and constitution of Code Authority:
(a) The Code Authority shall consist of five (5) individuals, or
such other number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth. The Admin-
istrator, at his discretion, may appoint not more than three (3) addi-
tional members (without vote) to represent the Administrator or
such groups or interests as may be agreed upon.
(b) The Wet Mop Manufacturers Association shall call a meet-
ing of the entire industry for the purpose of electing the five indus-
try members of the Code Authority, said meeting to take place not
less than 20 days after the approval of this Code by the President,
unless such time shall be extended by the Administrator or his
Deputy upon the request of the Association. Each member of the
industry shall have one vote in electing these members of the Code
Authority, subject to the provisions of subsection 2 (h) of this
Article. Until such Code Authority shall have been selected, the
duties and powers of the Code Authority shall be exercised by the
Administrator or his Deputy.
(c) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall: (1) Impose no inequitable restrictions on membership and
(2) submit to the Administrator true copies of its articles of asso-
ciation, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purposes of the Act.
(d) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with
the provisions of the Act, the Administrator may provide such hear-
ings as he may deem proper; and thereafter, if he shall find that the
Code Authoritj^ is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
2. The Code Authority shall have the following additional duites
and powers to the extent permitted by the Act, subject to the right
of the Administrator on review to veto or modify any action taSen
by it.
(a) The Code Authority shall cooperate with the Administrator
in making investigations as to the functioning and observance of any
provisions of this Code at its own instance or on complaint by any
432
person and to report the same to the Administrator, or such agencies
as he may designate.
(b) The Code Authority shall collect at such times and in such
manner as may be prescribed, statistics covering number of employees,
wage rates, employee earnings, hours of work, production, shipments,
stock, prices, and such other data pertinent to the effectuation of the
purposes of this Code as may be required by the Administrator.
(c) In addition to the information required to be submitted to the
Code Authority, there shall be furnished to government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
(d) The Code Authority shall, subject to the approval of the Ad-
ministrator, make such rules and regulations as shall be necessary
to make effective the power granted to it hereunder.
(e) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in this industry
as they may develop which will tend to effectuate the operation of the
provisions of this Code and the policies of the Act.
(f) The Code Authority may by regulations duly adopted from
time to time appoint such subcommittees or designate such agencies
and may delegate to any of them such of its powers and duties as
it shall deem necessary or proper in order to carry out the provi-
sions of this Code.
(g) Any interested party shall have the right of appeal to the
Administrator under such rule^ and regulations as he may prescribe
in respect to any rule, regulation, or other course of action issued or
taken by the Code Authority.
(h) Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of thi^ Code and sustaining
their reasonable share of the expenses of its administration. The
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review by the Adminis-
trator, on the basis o,f volume of business, and/or such other factors
as may be deemed equitable to be taken into consideration.
3, If the Administrator shall determine that any action of a code
authority or any agency thereof is unfair or unjust or contrary to
the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty days to afford an
opportunity for investigation of the merits of such action and fur-
ther consideration by such code authority or agency pending final
action, which shall be taken only upon approval by the Adminis-
trator.
Article VII — ^Trade Practices
1. The Wet Mop Manufacturing Industry recognizes the humane
considerations attached to products of institutions for the blind, and
in order to give constructive assistance and to prevent unfair compe-
tition, it is the will and purpose of the industry to cooperate with
such institutions. To effectuate such purpose, a committee as here-
inafter provided, shall be recognized by the Code Authority for the
433
purpose of conferrinor with the Code Authority and adjusting all
matters arising out of the competition of the products of the blind
as they affect this industry. This Committee shall secure necessary
data from institutions for the blind relative to all matters affecting
competition of the blind in this industry.
The committee shall be made up as follows : Chairman of the Code
Committee of the American Association of Workers for the Blind,
President or his representative of the American Association of
Workers for the Blind, and a representative from the A^merican
Foundation for the Blind.
The minimum wage,s and maximum hours provisions shall not
apply to institutions for the blind which comply with the rules and
regulations of the above committee, after such rules and regulations
are approved by the Administrator.
2. Within 30 days from the effective date of this Code each handled
mop or mop head shall be plainly marked, indicating the size (actual
weight of mopping material, i.e. yarns, fabrics, twines, or slasher),
and shall bear a brand or mark to identify the manufacturer: the
marking to be stamped on the handle or printed on the label at-
tached to the handle, or on a tab attached to the mop head. All
brands or marks shall be filed with the Code Authority for the pur-
pose of identification of the product.
3. The following practices constitute unfair methods of competi-
tion for members of the industry and are prohibited :
(a) False Marking or Branding. — The false marking or branding
of any product of the industry which has the tendency to mislead or
deceive customers, or prospective customers, whether as to the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the industry, or otherwise.
(b) Misreyresentation or False or Misleading Advertising. — The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantit}^, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry, or the credit terms, values, poli-
cies, or services of any member of the industry, or otherwise, liaving
the tendency to mislead or deceive customers or prospective
customers.
(c) Commercial Bribery . — No member of the industry shall give,
permit to be given, or directl}^ offer to give, anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of the
emploA^er of such emploj^ee, the principal of such agent, or the repre-
sented party, without the knowledge of such emploj^er, principal, or
party. Commercial bribery provisions shall not be construed to
prohibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
(d) Interference with contractual relations. — Maliciously inducing
or attempting to induce a breae'h of an existing oral or written con-
tract between a competitor and his customer or source of supply, or
interfering with or obstructing the performance of any such con-
tractual duties or services.
434
(e) Secret rehates — The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in the
form of money or otherAvise, or the secret extension to certain pur-
chasers of special services or privileges not extended to all purchasers
on like terms and conditions.
(f ) Defamation. — The defamation of competitors by falsely imput-
ing to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or by
the false disparagement of the grade or quality of their goods.
(g) Threats of litigation. — The publishing or circulating of
threats or suits for infringement of patents or trade marks or of
any other legal proceedings not in good faith, with the tendency or
effect of harassing competitors or intimidating their customers.
(h) Other unfair practices. — Nothing in this Code shall limit the
effect of any adjudication by the courts, or holding by the Federal
Trade Commission, on complaint, finding, and order that any prac-
tice or method is unfair, providing that such adjudication or hold-
ing is not inconsistent with any provision of the Act or of this Code.
Article VIII — Modification
1. This Code and all the provisions thereof are expressly made sub-
ject to the right of the President in accordance with the provisions
of subsection (b) of Section 10 of the Act, from time to time to can*
eel or modify any order, approval, license, rule, or regulation issued
under said Act.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Administrator and
such notice of hearing as he shall specify, and to become effective on
approval of the Administrator.
Article IX — Monopolies, Etc.
No provisions of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
Article X — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases shall be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increases in the seller's
costs.
Article XI — Effective Date
This Code shall become effective on the tenth day after approval.
Approved Code No. 227.
Registry No. 1609-08.
Approved Code No. 228
CODE OF FAIR COMPETITION
FOR THE
COIN OPERATED MACHINE MANUFACTURING
INDUSTRY
As Approved on January 23, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
COIN OPERATED MACHINE MANUFACTURING
INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Coin Operated Machine Manufacturing
Industry, and hearings having been duly held thereon and the an-
nexed report on said Code, containing findings with respect thereto,
having been made and directed to the President :
NOW, THEREFORE, in behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. C543-A, dated December 30,
1933, and otherwise, do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be, and it is hereby, approved.
Hugh S. Johnson,
Administrator for Industrial Recovery,
Approval recommended:
ISIalcolm Muir,
Division Administrator.
Washington, D.C,
January £3, 1031^.
35372° 313-111 34 (435)
The President,
The White House,
Sir: This is a report on the Code of Fair Competition for the
Coin Operated Machine Manufacturing Industry, and on the hear-
ing conducted thereon in Washington, D.C., on November 23, 1933,
in accordance with the provisions of the National Industrial Recov-
ery Act.
proat:sions as to wages and hours
The Code provides a minimum wage rate for production employees
of 40^ per hour in the North and 35^ per hour in the South. Watch-
men, a limited number of handicapped persons, and, for not to ex-
ceed 90 days, a limited number of beginners without experience, may
be paid not less than 80% of the foregoing minima.
AH other employees are to be paid not less than from $14 to $15
per week, according to population, except that a limited number of
office boys or girls may be paid not less than 80% of these minima.
Equitable adjustment is to be made of wages above the minima
to maintain differentials existing as of May 1, 1933.
An eight-hour day and a 40-hour week are provided, except that
when necessitated by peak or breakdown demands, employees may
work not to exceed 48 hours per week. Hours worked in excess of
40 hours iDer week without payment of overtime, shall not exceed,
in any six months' period, 32 hours for production employees and 48
hours for all other eraploj^ees, and in no case may any employees
work in excess of 96 hours in any two weeks' period.
No detailed statistics relative to this Industry had been collected
prior to the formation of the National Association of Coin Operated
Machine Manufacturers in August 1933. This Association has at-
tempted to get figures from every known manufacturer in the Indus-
try and based on the returns received up to the time of preparing
this report, plus a reasonable estimate for those concerns which had
not at that time reported, the following figures are submitted as the
best estimate possible under the conditions :
Number
of em-
ployees
Mini-
mum
wages
Hours per week
Weekly
Payroll
1928
2,407
2, 501
2,390
2, 501
3,192
3,300
$0.37
.37
.31
.285
.340
.400
Range
41-48
41-48
41-48
41-45
39-42
Average
44
44
44
43
40
40
$54, 900
1930
67,000
1932
45,300
March 1933 . .
46, 400
September 1933
63,200
Estimated under Code . ...
60,000
Practically all members of the Association signed the President's
Reemj^loyment Agreement in August, and the increase in employ-
(436)
437
ment resulting from reduced hours is indicated in. the figures of the
first twelve companies to report. These companies show a pay roll of
1,416 employees for the month of March 1933, and a pay roll of 1,892
employees for the month of September 1933, an increase of 33.6%
over March 1933.
The total amoimt paid in wages to factory employees only by these
same twelve companies increased from $116,789.77 in March 1933
to $133,174.77 in September 1933. Reports from several of these
companies for the first half of Novemoer 1933 show further sub-
stantial increases in emplojnnent.
Based on these returns, it is estimated that the effect of operating
under the Code Pro^dsions will be an increase in the annual pay roll
of at least $300,000 over the annual rate of pay roll as shown in
March 1933.
I believe that the Code as proposed is fair to Industry, to Labor,
and to the Consumer, and is in accordance with the intent and pur-
pose of the National Industrial Recovery Act.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agri-
cultural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ploj'ees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Industry ;
and that said group imposes no inequitable restrictions on admission
to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
438
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, I have approved this Code.
Eespectfully,
Hugh S. Johnson,
A dmAnistrator.
January 23, 1934.
CODE OF FAIR COMPETITION
FOR THE
COIN OPERATED MACHINE MANUFACTURING
INDUSTRY
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Coin Operated Machine Manufacturing
Industry, and upon approval by the President, shall be the standard
of fair competition for such Industry and shall be binding upon
every member thereof.
Article II — Definitions
Section 1. The term " Industry " as used herein shall mean and
include the coin operated machine manufacturing industry consist-
ing of manufacturers of all types of coin operated machines and
devices which vend amusement, service, or commodities, including
manufacturers of coin actuated devices for use in such machines, or
such related branches or subdivisions thereof as may from time to
time be included under the provisions of this Code by the President
after such notice and hearing as he may prescribe, but shall not
include manufacturers of coin operated telephone or gas-meter
equipment.
Sec. 2. The term " member of the industry " as used herein means
and includes any individual, partnership, association, corporation,
receiver, trustee, or other person, without limitation, engaged in the
Industry, either as an employer or on his or its own behalf.
Sec. 3. The term " employee " as used herein, includes any and
all persons engaged in the Industry except a member of the Industry,
however compensated.
Sec. 4. The terms " President ", "Act ", and "Administrator " as
used herein shall mean respectively the President of the United
States, Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.
Sec. 5. (a) The term " South " as used herein shall mean the
States of North Carolina, South Carolina, Georgia, Florida, Ken-
tucky, Tennessee, Alabama, Mississippi, Louisiana, and Texas.
(b) The term " North " as used herein shall mean the remaining
States of the United States.
Sec. 6. Population, for the purposes of this Code, shall be deter-
mined by reference to the latest Federal census.
(439)
440
Seo. 7. The words " export trade " as used herein shall mean solely
trade or commerce in goods, wares, or merchandise exported or in
the course of being exported from the United States to any foreign
nation.
Article III — Labor Provisions
WAGES
Section 1. As required by Section 7 (a) of Title I of the National
Industrial Recovery Act, the following provisions are conditions of
this Code:
(a) 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.
(b) 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 organiza-
tion of his own choosing.
(c) 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.
Sec. 2. No person under sixteen (16) years of age shall be em-
ployed in the Industry. No person under eighteen (18) years of
age shall be employed at occupations which are hazardous in nature
or dangerous to health. The Code Authority shall submit to the
Administrator for approval within sixty (60) days after approval
of this Code a list of such occupations. In any State an employer
shall be deemed to have complied with this provision 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 cer-
tificates or permits showing that the employee is of the required age.
Sec. 3. (a) On and after the effective date the minimum wage
which shall be paid by any employer to any employee engaged in
the processing of products in the Industry and any labor incident
thereto shall be forty (40^) cents per hour in the North.
(b) On and after the effective date the minimum wage which
shall be paid by any employer to any employee engaged in the pro-
cessing of products of the Industry or any labor incident thereto
shall be thirty-five cents (35V) per hour in the South.
(c) Provided that for a period of not to exceed ninety (90) days,
beginners without experience may be paid not less than eighty per-
cent (80%) of the minimum wages of forty cents (40(^) per hour
in the North, and thirty-five cents (350) per hour in the South; the
total number of such beginners shall not exceed five percent (5%)
of the total number of employees employed by any such employer in
any calendar month; and
(d) Provided further, that where any State Law requires any
higher minimum wages than those specified in this section, such
higher minimum wages shall apply in all cases.
441
(e) Equitable adjustments to maintain differentials existing as of
May 1, 1933, in all pay schedules of factory employees (and other
employees receiving less than Thirty-five ($35.00) Dollars per week)
above the minimums shall be made on or before fifteen days subse-
quent to the effective date of this Code by any employers who have
not heretofore made such adjustments, or who have not maintained
rates comparable with such equitable adjustments. The first reports
of wages required to be filed under this Code shall contain all wage
increases made since May 1, 1933.
(f ) In the case of employees performing work for which they are
paid per piece of work performed, the minimum rate of pay which
each member of the Industry shall pay for such work shall produce
earnings per hour per employee for the number of hours worked
in any pay period at least equal to the minimum rate of pay per
hour provided in this Code for the same type of labor on an hourly
basis.
Sec. 4. On and after the effective date the minimum wage that
shall be paid by any employer to all other employees, except com-
mission sales people and all employees covered bj^ Section 3 of Article
III hereof, shall be not less than at the rate of Fifteen Dollars
($15.00) per week in any city of over Five Hundred Tliousand (500,-
000) population, or in the immediate trade area of such city; nor less
than at the rate of Fourteen Dollars and fifty cents ($14.50) per
week in any city between Two Hundred and Fifty Thousand (250,-
000) and Five Hundred Thousand (500,000) population, or in the
immediate trade area of such city; nor less than at the rate of
Fourteen Dollars ($14.00) per week in any city of Two Hundred
and Fifty Thousand (250,000) population or less.
Office boj^s and girls shall be exempt from the provisions of this
section, provided they are paid at a rate of not less than eighty
percent (80%) of the above minimum wages, and provided further
that the number of such office boys and girls under this section shall
not exceed one for companies with twenty (20) or less office em-
ployees nor five percent (5% ) of the total number of office employees
for companies with more than twenty (20) office employees.
HOUES
Sec. 5. (a) No employee shall be permitted to work in excess of
forty (40) hours in any one week. The normal working day shall
not be in excess of eight (8) hours in any twenty- four (24) hour
period beginning at midnight. There may be the following excep-
tions to this weekly-hour provision:
1. Executives, administrative or supervisory employees who receive
thirty-five dollars ($35.00) or more per week, and outside salesmen
and commission salesmen, shall be exempt from all hour limitations.
2. Employees engaged in the processing of products in the Indus-
try and work incident thereto in branches of the Industry on which
seasonal or peak demands place an unusual and temporary burden,
and employees worldng in emergency periods resulting from break-
downs, may be permitted to work not more than thirty -two (32)
additional hours in any six (6) months' period, but not more than
442
forty-eight (48) hours in any one week, without the payment of
overtime as j^rovided in Section 5 (a) 4.
3. Also under like conditions to those described in Section 5 (a) 2
all other employees, except those mentioned in Section 5 (a) 2, may
be permitted to work not more than forty-eight (48) additional
hours in any six (6) months' period, but not more than forty-eight
(48) hours in any one week, without the payment of overtime as
provided in Section 5 (a) 4.
4. All employees may be permitted to work hours in addition to
those specified in Section 5 (a), 5 (a) 2, and 5 (a) 3, provided that
overtime at the rate of one and one half times the normal rate of
pay is paid for such additional hours. Under no circumstances may
any employee be permitted to work in excess of ninety-six (96)
hours in any two consecutive weeks.
5. All hours worked in excess of forty (40) hours in any one
week after the date of the approval of the Code shall be reported
to the Administrator through the Code Authority.
6. No employee shall knowingly be permitted to work in the
aggregate in excess of the above-prescribed number of hours irre-
spective of whether such employee be on the pay roll of more than
one employer.
GENERAL LABOR PR0\1SI0NS
Section 1. (a) It is understood, however, that old and partially
disabled employees are not included in the above wage provisions,
except that they shall in no case be paid less than eighty (80) per-
cent of the above minimums, and provided that the total number of
such employees shall not exceed two (2) employees in plants having
less than one hundred (100) employees, nor more than two (2) per-
cent of the total number of employees in such plants employing one
hundred (100) or more.
(b) It is further understood that watchmen are not included in
the labor provisions of tliis Article, except that they shall in no case
be paid less than eighty (80) percent of the minimum wages herein
specified and in no case shall they be permitted to work longer than
fifty-six (56) hours in any one week unless they are paid tmie and
one half for any hours in excess of fifty-six (56) hours per week.
Sec. 2. Employers shall not reclassify employees, or duties, or oc-
cupations of employees, nor engage in any other subterfuge, so as to
defeat the purposes of this Act.
Sec. 3. Complete copies of this Code shall be posted in conspicuous
places accessible to all employees.
Article IV — Organization, Powers, and Duties of the Code
Authority
Section 1. A Code Authority is hereby constituted to cooperate
with tlie Administrator in the administration of this Code.
Sec. 2. The Code Authority shall consist of not less than five or
more than seven members, to be elected by the members of the In-
dustry who assent to by compliance with the requirements of this
Code, and who assume their reasonable share of the expenses of the
administration as hereinafter set forth, the method of election and
443
voting to be determined by the Code Committee of the National As-
sociation of Coin Operated Machine Manufacturers, subject to the
approval of the Administrator, and in addition thereto, there may
be from one to three representatives to be appointed by the Admin-
istrator. The representatives who may be appointed by the Admin-
istrator shall be without vote and together with the Administrator
shall be given notice of and may sit at all meetings of the Code
Authority.
Seo. 3. The National Association of Coin Operated Machine Man-
ufacturers may be designated as the agency under the Code Author-
ity for administering provisions of this Code.
Sec. 4. The National Association of Coin Operated Machine Man-
ufacturers and/or other associations directly or indirectly partici-
pating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association, by-
laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
Sec. 5. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with
the provisions of the Act, the Administrator may provide such hear-
ings as he may deem proper ; and thereafter if he shall find that the
Code Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
POWERS AND DUTIES
Sec. 6. The Code Authority shall have the following powers and
duties to the extent permitted by the Act. Any action taken by the
Code Authority or its delegated agents relative to the administration
of this Code, except where made subject to the approval of the Ad-
ministrator, may, in the discretion of the Code Authority, be sub-
mitted to the Administrator for approval and in any case shall be
subject to the disapproval of the Administrator.
(a) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code in accord-
ance with the powers herein granted, except that a majority of the
voting members shall be required for a quorum and a vote by a like
number shall be required to make effective any formal action by
the Code Authority. The Code Authority shall submit its bylaws
and rules and regulations for procedure, administration, and enforce-
ment to the Administrator for his approval, together with true
copies of any amendments or additions when made thereto, minutes
of meetings when held, and such other information as to its activities
as the Administrator may deem necessary to effect the purposes of
the Act.
(b) To obtain from members of the Industry as soon as the neces-
sary readjustments within the Industry can be made, reports based
on periods of one, two, or four weeks, or multiples thereof, for use
of the Code Authority and the Administrator in the administration
444
and enforcement of the Code, and for the information of the Presi-
dent, and to give assistance to members of the Industry in improv-
ing methods, or in prescribing a uniform system of accounting and
reporting. All individual reports shall be kept confidential and
only general summaries thereof may be published.
(c) To receive complaints of violations of this Code, make investi-
gations thereof, provide hearings thereon and adjust such complaints,
and bring to the attention of the Administrator for prosecution,
recommendations and information relative to unadjusted violations.
(d) To secure an equitable and proportionate payment of the
expenses of maintaining the Code Authority and its activities from
those members of the Industry who accept the benefits of the activ-
ities of the Code Authority and indicate their desire to participate
in this Code and their assent to the provisions thereof and to the
payment of their reasonable share of the expenses of the administra-
tion of the Code as hereinafter set forth.
(e) In the event of dispute arising as to the rights under this
Code, any member shall have the right to appeal to the Code Au-
thority, and the decision of said Code Authority on said appeal shall
be final, subject only to appeal to the President or his duly authorized
representative.
Sec. 7. In addition to the information required to be submitted
to the Code Authority, there shall be furnished to government agen-
cies such statistical information as the Administrator may deem
necessary for the purposes recited in Section 3 ^a) of the Act.
Seo. 8. Each member of the Industry participating in and shar-
ing the benefits of the Code and assenting to liability for his share
of the cost of administering same shall pay to the Code Authority
or to the agent duly established by the Code Authority his reason-
able share of the expenses of the Code administration, such reason-
able share of said expenses to be determined by the Code Authority
subject to review by the Administrator on the basis of volume of
business and/or such other factors as may be just or equitable.
Sec. 9. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer ^ agent, or employee of
the Code Authority exercising reasonable diligence in the conduct
of his duties hereunder, nor be liable to anyone for any action or
omission to act under the Code, except for his own willful misfeas-
ance or nonfeasance.
Article V
Section 1. Every employer shall use a cost-accounting system
which will conform to the principles of and is at least as detailed
and complete as the uniform and standard method of cost account-
ing to be prescribed by the Code Authority subject to the approval
of the Administrator. The Code Authority shall specify those items
of cost determined pursuant to this Article hereof which shall be
included in allowable cost.
Sec. 2. (a) No manufacturer of the Industry shall sell any product
of the Industry at a price below his own individual cost. Provided,
445
that this shall not apply to merchandise vending machines sold,
leased, or supplied by a manufacturer for the sole purpose of vend-
ing some commodity on which the manufacturer of the machine is
to make a profit. Provided further, that any member of the Indus-
try may meet the price competition of anyone whose costs under this
Code provision are lower.
(b) Provided that obsolete patterns, discontinued models or sur-
plus stock may be sold at such prices as are necessary to effect a sale
subject to rules as established or modified from time to time b}' the
Code Authority. All such proposed sales must be reported to the
Code Authority prior to making the sale. Any sale made under this
provision which is made for the purpose of evading paragraph (a)
of this Section, is an unfair method of competition.
Sec. 3. No provision of this Code relating to prices and/or terms
of selling, shipping, and/or marketing shall apply to export trade
and/or to trade and/or to sales and/or shipments for export trade.
Aeticle VI — Trade Practice Rules
For all purposes of the Code the following acts described in this
Article shall constitute unfair practices, and any member of the
Industry who shall directly or indirectly, through any officer, em-
ployee, agent, or representative, knowingly use, employ, or permit
to be employed any of such unfair practices shall be guiltj' of a
violation of the Code :
(a) The intentional misrepresentation of the products sold, or
the making, or causing or permitting to be made or published, of
any false, misleading, or deceptive statements by way of advertise-
ment, invoice, or otherwise, concerning the size, quantity, character,
and nature of any coin operated machine or kindred products,
bought or sold.
(b) Withholding from, or inserting in any invoice, words or
figures wliich make or tend to make such invoice a false record,
wholly or in part, of the transaction represented on the face thereof,
and of the secret payment or allowances of rebates, refunds, credits,
unearned discounts, whether in the form of monev or otherwise.
(c) The making of, or causing or permitting to be made, any
false or deceptive statements, either written or oral, concerning in-
stallations or sales previously made, or the claiming by any manu-
facturer that equipment actually supplied and installed by others
was supi^lied and installed by him, or the making of any other
misleading or deceptive statements.
(d) To imitate or simulate the trade mark, trade name, package,
wrapper, or label of a competitor's product to such a degree as to
deceive or have a tendency to deceive customers.
(e) Inducing or attempting to induce, by any means or device
whatsoever, a breach of contract between a competitor and a cus-
tomer during the term of such contract.
(f) The copying or imitation of the design or construction of a
machine or device containing new or novel features or any material
parts thereof, in which the owner or manufacturer has propert}'
rights, which can be protected by legal proceedings, by competitors
446
for their own use prior to the end of the year following that in
which they were originated.
(g) Securing information from competitors concerning their busi-
nesses by false or misleading statements or representations, or by
^alse impersonation of one in authority, and the wrongful use thereof
to unduly hinder or stifle the competition of such competitors.
Article VII
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with Section
10 (b) of Title I of the National Industrial Kecovery Act, from time
to tmie to cancel or modify any order, approval, license, rule, or regu-
lation issued under Title I of said Act.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Admin-
istrator and such notice and hearing as he shall specify, and to be-
come effective on approval by the President.
Article VIII
If any employer of labor in this Industry is also an employer of
labor in any other Industry, the provisions of this Code shall apply
to and affect only that part of the business which is a part of the
Coin Operated Machine Manufacturing Industry.
Article IX
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X
This Code shall become effective on the tenth day after its ap-
proval by the President.
Approved Code No. 228.
Registry No. 1334-01.
o
Approved Code No. 229
CODE OF FAIR COMPETITION
FOR THE
VENETIAN BLIND INDUSTRY
As Approved on January 24, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
VENETIAN BLIND INDUSTRY
An application having been duly made pursuant to and in full
compliance vrith the provisions of Title I of the National Industrial
Recovery Act. approved June 16, 1933, for approval of a Code of
Fair Competition for the Venetian Blind Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do nereby order that said Code of Fair
Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industrial Recovery,
Approval recommended :
Malcolm Muir,
Division Admirustrator.
Washington, D.C,
January 24^ 1934.
85565° 313-127 34 (447)
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Venetian Blind Industry in the United States, as revised after the
hearing conducted in Washington on November 27, 1933, in accord-
ance with the provisions of the National Industrial Recovery Act.
Provisions or the Code as to Hours, Wages, and General Labor
Provisions
This Code provides for a maximum work week of forty hours
averaged over a period of twelve weeks and a maximum of forty-
eight hours in any one week, except as follows :
(a) Office, accounting, and clerical employees who shall not be
permitted to work in excess of forty hours averaged over a period
of four weeks or forty-six hours in any one week ;
(b) Engineers, firemen, and watchmen who shall be permitted
to work not in excess of eighty-four hours in any two weeks;
(c) Managerial, executive, or supervisory emploj^ees receiving not
less than $35.00 per week and employees engaged in emergency
maintenance and emergency repair work involving breakdowns or
protection of life or property.
This Code establishes minimmn rates of pay of thirty-five cents
per hour for male employees and thirty-two and one-half cents an
hour for female employees, regardless of whether the compensation
is on a time-rate, piece-rate, or other basis; provided, however, that
female employees performing substantially the same work as male
employees shall receive the same rate of pay and that where women
displace men they shall receive the same rate of earnings as the
men they displace.
Provision is made for equitable adjustment of wages above the
minimum and for overtime for all hours worked in excess of forty
hours per week. No person under sixteen years of age shall be
employed in this Industry and no person under eighteen years of
age shall be employed in hazardous occupations.
Economic Effects of the Code
According to the statistical analysis of the Division of Research
and Planning, the total sales of the products of this Industry have
declined from $3,000,000 in 1929 to $1,100,000 estimated for 1933, a
decrease of approximately sixty-three per cent.
Lack of accurate data as to wages and number of employees in
the Industry prevents a forecast of the economic effect of the Code.
However, the minimum wage rates and the maximum hour provi-
sions established by this Code should increase the purchasing power
of the employees of the Industry.
(448)
449
Findings
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on tlie basis of all the pro-
ceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof, and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervi-
sion, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
group is an industrial group truly representative of the aforesaid
industry ; and that said group imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
A dimnistrator.
January 24, 1934.
CODE OF FAIR COMPETITION
FOR THE
VENETIAN BLIND INDUSTRY
Article I — Purposes
To affect the policies of Title I of the National Industrial Recovery
Act, the following provisions are established as a Code of Fair Com-
petition for the Venetian Blind Industry, and shall be the standard
of fair competition for such Industry and shall be binding upon
every member thereof.
Article II — Definitions
Section 1. The term "Venetian Blind Industry" or "industry"
as used herein is defined to mean and include the manufacturing,
and the selling, installing, repairing, and servicing by the manufac-
turers, of Venetian Blinds. The term " Venetian Blind " is defined
as any covering for a window, skylight, transom, or glass door which
is made up of slats spaced an equal distance apart, strung on tapes,
and either fixed or capable of being raised, lowered, or tilted by
means of cords or other devices, said product being designed to regu-
late and deflect sunlight without loss of ventilation.
Sec. 2. The term " member of the industry " includes any indi-
vidual, partnership, association, corporation, or other person or
form of enterprise engaged in the industry, either as an employer or
on his own behalf.
Sec. 3. The term " employee " as used herein includes any and all
persons engaged in the industry except a member of the industry,
however compensated.
Sec. 4. The term "Association " means the " National Venetian
Blind Association."
Sec. 5. The term "Act " and "Administrator " as used herein shall
mean, respectively. Title I of the National Industrial Recovery Act
and the Administrator for Industrial Recovery.
Sec. 6. Population for the purposes of this Code shall be de-
termined by reference to the latest Federal census.
Article III — Hours
Section 1. Maximum Hours. — No employee shall be permitted to
work in excess of forty (40) hours per week averaged over a period
of twelve (12) weeks, or eight (8) hours in any day in such period
(450)
451
or forty-eight (48) hours in any week, except as herein otherwise
specified, provided tliat all hours worked in excess of forty (40)
hours in any week shall be compensated for at the rate of time and
one half.
Sec. 2. Hours for Clerical and Office Employees. — No employee
engaged in office, accounting and/or clerical work shall be permitted
to work in excess of forty (40) hours per week averaged over a
period of four (4) weeks, or forty-six (46) hours in any week or
nine (9) hours in any day in such four (4) week period, provided
that all hours in excess of forty (40) worked in any week shall be
compensated for at the rate of time and one half.
Sec. 3. Hours for Engineers^ Fire-jncn, and W atchmen. — The pro-
visions of Section 1 of the Article shall not apply to engineers, fire-
men, or watchmen employed at any employer's plant or plants who
may be permitted to work not in excess of eighty-four (84) hours
in any two (2) weeks, or in excess of forty-eight (48) hours in any
one (1) week.
Sec. 4. Exceptions as to Hours. — The limitations provided in Sec-
tions 1 to 3 inclusive of this Article shall not apply to :
(a) persons employed in a managerial, executive or supervisory
capacity who earn not less than thirty-five ($35.00) dollars per week
or to traveling salesmen; or to
(b) employees on emergency maintenance or emergency repair
work involving breakdowns or protection of life or property, pro-
vided that such employees shall receive time and one half for all
hours worked in excess of forty (40) hours in any week or eight (8)
hours in any one day.
Sec. 5. Employment hy Several Employers. — No employer shall
knowingly engage any employee for any time which when totaled
with that already performed with another employer, or employers,
in this industry exceeds the maximum permitted herein.
Article IV — Wages
Section 1. Minimum Wages. — Except as herein otherwise pro-
vided, no male employee shall be paid less than at the rate of
thirty-five cents (350) per hour and no female employee less than
thirty-two and one half cents (321/2^) per hour. Female employees
performing substantially the same work as male employees shall
receive the same rate of pay as male employees; and where they
displace men, they shall receive the same rate of earnings as the
men they displace. The Code Authority shall within ninety (90)
days after the effective date of this Code file with the Adminis-
trator a description of all occupations in the Industry in which both
men and women are employed and also in which women are exclu-
sively employed.
Sec. 2. No clerical or office employee shall be paid in any pay pe-
riod less than at the rate of fifteen ($15.00) dollars per week in any
city of 500,000 population or over, or in the immediate trade area
of such city; or less than at the rate of fourteen dollars and fifty
cents ($14.50) per week in any city of between 250,000 and 500,000
population or in the immediate trade area of such city; or less than
452
at the rate of fourteen ($14.00) dollars per week in any city or town
of 250,000 or less population.
Sec. 3. Office boys or office girls shall be paid not less than twelve
($12.00) dollars per week; provided, however, that the total number
of all such employees employed by any one employer shall not exceed
in any calendar month five percent (5%) of the total number of all
employees classified as clerical or office employees. Irrespective of
this percentage each employer may retain at least one such office boy
or girl.
Sec. 4. Handicapped Persons. — A person whose earning capacity
is limited because of age or physical or mental handicap may be
employed on light work at a wage below the minimum established
by this Code if the employer obtains from the State authority desig-
nated by the United States Department of Labor a certificate au-
thorizing his employment at such wages as shall be stated in the
certificate. Each employer shall file with the Code Authority a list
of all such pereons employed by him. The State Authority shall be
guided by the instructions of the United States Department of Labor
in issuing certificates to such persons.
Sec. 5. Piecework C ompensation — Minimuni Wages. — This article
establishes a minimum compensation which shall apply irrespective
of whether an employee is actually compensated on a time-rate,
piece-work, or other basis.
Sec. 6. Wages Above Minimum. — Employers shall not reduce the
rates of wages for employees whose rates are now in excess of the
minimum rate of wages herein provided (notwithstanding that the
number of hours worked in such employment may be hereby de-
creased), and where in any case an employer has not increased the
rates of wages for such employees prior to the effective date of this
Code by an equitable readjustment of all wage rates such employer
shall readjust all such wage rates. All such adjustments made shall
be reported by the Code Authority to the Administrator for his
approval within sixty (60) days from effective date of this Code.
This provision shall be interpreted in the same manner that para-
graph seven (7) of the President's Reemployment Agreement has
been interpreted by the Administrator in Interpretations Nos. 1
and 20.
Sec. 7. Payment of Wages. — All employers shall make payment of
all wages due in lawful currency or by negotiable check therefor pay-
able on demand. Wages shall be paid at the end of each weekly
period. These wages shall be exempt from any payment for pen-
sions, insurance, or sick benefits other than those voluntarily paid
by employees. Employers or their agents shall not accept, directly,
or indirectly, rebates on such wages or give anything of value or
extend any favors to any person for the purpose of influencing rates
of wages or working conditions of their employees.
The provisions of this section regarding payment of wages at the
end of each weekly period shall not apply to persons employed in a
managerial or executive capacity who earn not less than thirtj^-five
dollars ($35.00) per week, nor to any persons employed in clerical
or office work, who shall be paid at the end of pay periods not to
exceed bimonthly periods.
453
Article V — General Labor Proxtsions
Section 1. Child Labor. — No person under sixteen (16) years oi
age shall be employed in the Industry and no person under eighteen
(18) years of age shall be employed at operations or occupations
which are hazardous in nature or dangerous to health. The Coclo
Authority shall submit to the Administrator before March 1, 1934,
a list of such operations or occupations. In any State an employer
shall be deemed to have complied with this provision if he shall
have on file a certificate duly issued by the authority in such State
empowered to issue emplovment or age certificates or permits show-
ing that the employee is of the required age.
Sec 2. Provisions fro^n the Act. — In compliance with Section 7 (a)
of the Act it is provided that :
(a) Employees shall have the right to organize and bargain col-
lectively 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.
(b) 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 his own choosing ; and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Sec. 3. Reclassi-ficution of Employees. — No employer shall re-
classify employees or duties of occupations performed or engage in
any other subterfuge for the purpose of defeating the provisions of
the Act or of this Code.
Sec. 4. Standards for Safety and Health. — Every employer shall
make reasonable provision for the safety and health of his employees
at the place and during the hours of their employment. Standards
for safety and health shall be submitted by the Code Authority to
the Administrator for approval within six months after the effective
date of this Code.
Sec. 5. State Laws. — No provisions in this Code shall supersede
any State or Federal law which imposes more stringent requirements
on employers as to the age of employees, wages, hours of work, or
as to safety, health, or sanitary conditions, or insurance, or fire pro-
tection, or general working conditions, than are imposed by this
Code.
Sec. 6. Posting. — All employers shall post complete copies of this
Code in conspicuous places accessible to employees.
Sec. 7. An employee shall be paid at least his normal rate of pay
for all time required to be spent at the place of employment or in
connection with the discharge of duties of such employment.
454
«
Article VI — Organization, Powers, and Duties of the Code
Authority
organization and constitution
Section 1. A Code Authority is hereby constituted to cooperate
with the Administrator in the administration of this Code.
Sec. 2. The Code Authority shall consist of six (6) members,
eligible under the provisions of Section 8 of this Article, five (5) of
whom may be members of the Association and one (1) of whom
shall be a nonmember of the Association, if any, all six (6) of whom
shall be elected by majority vote of members of the Industry par-
ticipating in the elections provided for in Section 3 of this Article.
Sec. 3. The Association is hereby designated as the agency to
conduct an election of the members of the Code Authority within
fifteen (15) days after the effective date of this Code, and any other
elections of members of the Code Authority which may thereafter
be held. Members of the Code Authority shall be elected to serve
for a term of one (1) year or until their successors are elected at the
next annual meeting of the Industry. In the event of a vacancy in
the membership of the Code Authority, a special meeting of the
members of the Industry for an election to fill the incomplete term
of such member shall be called and held within thirty (30) days.
Notice of the time and place of each election shall be sent by regis-
tered mail to all members of the Industry known to the Association^
whether by virtue of registration as provided in Article XII hereof,
or otherwise, at least ten days in advance of such election, and
voting at such election may be by person, by proxy, or by letter
ballot. Each member of the Industry shall have one (1) vote.
Sec. 4. In addition to membership as above provided, there may be
three (3) members, without vote, to be appointed by the Adminis-
trator, to serve without expense to the Industry for terms of from
six (6) months to one (1) year so arranged that the terms do not
expire at the same time.
Sec. 5. The representatives who may be appointed by the Adminis-
trator together with the Administrator shall be given notice of and
may sit at all meetings of the Code Authorit3^
Sec. 6. The Association shall (1) impose no inequitable restric-
tions on membership, and (2) submit to the Administrator true copies
of its articles of association, bylaws, regulations, and any amend-
ments when made thereto, together with such other information as to
membership, organization, and activities as the Administrator may
deem necessary to effectuate the purposes of the Act.
Sec. 7. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may prescribe such hearings
as he may deem proper ; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority,
Sec. 8. Members of the Industry shall be entitled to participate
in and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustaining
455
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be de-
termined by the Code Authority, subject to review by the Adminis-
trator, on the basis of volume of business and/or such other factors
as may be deemed equitable.
Sec. 9, Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee oi the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful misfeasance or nonfeasance.
Sec. 10. Povyers and DiUies. — The Code Authority shall have the
following further powers and duties to the extent permitted by
the Act:
(a) To execute the provisions of this Code and provide for the
compliance of the Industry with the provisions of the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. No
individual reports shall be disclosed to any other member of the
Industry or any other party except to such governmental agencies
as may be directed by the Administrator.
(d) To use the Association and other agencies as it deems proper
for the carrying out of any of its activities provided for herein,
provided that nothing herein shall relieve the Code Authority or
its duties or responsibilities under this Code and that such Asso-
ciation and agencies shall at all times be subject to and comply with
the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may related to the Industry.
(f) To secure from members of the Industry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use
of any N.R.A. insignia solely by those members of the Industry
who have assented to and are complying with this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning including stabiliza-
tion of employment.
Sec. 11. If the Administrator shall determine that any action of
the Code Authority or any agency thereof is unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended for a period of not to exceed thirty days to
afford an opportunity for investigation of the merits of such action
and further consideration by the Code Authority or agency pending
final action, which shall be taken only upon approval by the
Administrator.
456
Article VII — Trade Practice Rules
GENERAL DEFINITION
For all purposes of the Code the acts described in this Article
shall constitute unfair practices. Any member of the Industry who
shall directly or indirectly, through any officer, employee, agent, or
representative, knowingly use, employ, or permit to be employed
any of such unfair practices shall be guilty of a violation of the
Code.
Rule 1. — No member of the Industry shall use advertising
(whether printed, radio, display, or of any other nature) or other
representation which is inaccurate in any material particular or in
any way misrepresent any commodity (including its use, trade mark,
grade, quality, quantity, origin, size, material content, or prepara-
tion) or credit terms, value, policies, services, or the nature or form
of the business conducted.
Rule 2. — No member of the Industry shall use advertising or sell-
ing methods or credit terms which tend to deceive or mislead the
customer or prospective customer.
Rule 3. — No member of the Industry shall withhold from or insert
in any quotation or invoice any statement that makes it inaccurate in
any material particular.
Rule 1^.. — No member of the Industry shall brand or mark or pack
any commodity in any manner which tends to deceive or mislead
purchasers with respect to the brand, grade, quality, quantity, ori-
gin, size, material content, or preparation of such commodity.
Rule 6. — No member of the Industry shall use advertising or make
any other representation which refers inaccurately in any material
particular to any competitors or their commodities, prices, values,
credit terms, policies, or services.
Rule 6. — No member of the Industry shall sell below his cost, as
determined by standard methods hereinafter provided in this Rule
6, except to meet the lower price of a competing member of the
Industry whose costs are lower as determined by such standard
methods. This Rule shall not be construed as granting an exception
in any case to the procedure provided in Article VIII concerning
publicity of prices, terms, and conditions of sale.
Pursuant to the provisions of Article VI, the Code Authority
shall formulate or cause to be formulated standard methods or sys-
tems of cost accounting for use in this Industry, which methods or
systems shall be adaptable to the cost accounting procedure of, and
to the business of this Industry. Such methods or systems shall
specify the factors that shall determine the cost for each member
of the Industry pursuant to the provisions of this section. Upon
approval of such methods or systems by the Administrator, Code
Authority shall furnish to each member of the Industry complete
details of such methods or systems. Thereafter, in determining
costs, each member of the Industry shall use a cost accounting sys-
tem which shall conform to and be at least as complete and detailed
as the cost accounting method or system recommended by the Code
Authority and approved by the Administrator.
457
Rule 7. — No member of the Industry shall publish or circularize
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating
their customers.
Rvie 8. — No member of the Industry shall secretly offer or make
any payment or allowance of a rebate, refund, conmiission, credit,
unearned discount, or excess allowance, whether in the form of
money or otherwise, for the purpose of influencing a sale, nor shall
a member secretly extend to any customer any special service or
privilege not extended to all customers of the same class.
Bule 9. — No member of the Industry shall ship commodities on
consignment except under contract or bona fide orders.
Rule 10. — No member of the Industry shall give, permit to be
given, or directly offer to give, anything of value for the purpose of
influencin,g or rewarding the action of any employee, agent, or
representative of another in relation to the business of the employer
of such emploj^ee, the principal of such agent, or the represented
party, without the knowledge of such employer, principal, or party.
Commercial bribery provisions shall not be construed to prohibit
free and general distribution of articles commonly used for adver-
tising except so far as such articles are actually used for commercial
bribery as hereinabove defined.
Rule 11. — No member of the Industry shall knowingly attempt
to induce the breach of an existing contract between a competitor
and his emploj-ee or customer or source of supply; nor shall any
such member interfere with or obstruct the performance of such
contractual duties or services.
Rule 12. — No member of the Industry shall repudiate a contract
entered into in good faith when the purpose of such repudiation
is to create for such member an unfair price advantage.
Rule 13. — No member of the Industry shall combine quotations for
any product of this Industry with any quotation for any other ma-
terial, labor, or service, for the purpose and with the intent of con-
cealing the true selling price of the products of this Industry.
Rule 14. — No member of the Industry shall guarantee against price
decline except as the same may be limited to the decline in his own
prices, and such guarantee shall then apply only to goods contracted
for but not delivered.
Rule 15. — No guarantee of products of the Industry shall cover
damages for other than those due to defective material and work-
manship and no such guarantee shall exceed ninety (90) days from
dat« of delivery. This provision shall not supersede any implied
warranties.
Article VIII — Publicity of Prices, Terms, and Conditions or Sale
Section 1. Within fifteen (15) days after the effective date of this
Code each member of the Industry shall publish his prices, terms,
and conditions of sale on all standard products to his trade, such
class of trade being furnished with the prices, terms, and conditions
of sale affecting each such class of trade. Coincident with such pub-
lication, each member of the Industry shall file with the Code Au-
thority, and the Code Authority shall immediately distribute to all
458
members of the Industry, a complete schedule of such prices, terms,
and conditions of sale.
Sec. 2. In the event of any change by any member of the Industry
in any price, term, or condition of sale, he shall file full and complete
copies of every such change with the Code Authority within such
periods as may have been designated by the Code Authority but not
exceeding seven (7) days in advance of the effective date of any such
change. Copies thereof shall be immediately distributed by the
Code Authority to the members of the Industry. On the effective
date of any such change, the Industr}^ member shall publish the same
to the trade concerned.
Sec. 3. No member of the Industry shall sell, pay a rebate, or allow
a deduction at any time to any person except in accordance with his
prices, terms, and conditions of sale then in effect and published in
the manner described herein, except that changes made to meet any
competitive reductions may be made effective on or at any time after
the date such competitive reductions become effective. Each member
of the Industry shall have the right, individually, to publish new
prices, terms, and conditions of sale, from time to time, as herein
provided.
Article IX — Modification
Section 1. This code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the National Indus-
trial Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said
Act and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any con-
ditions imposed by him upon his approval thereof.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on his approval. Any such application may be made
by the Code Authority.
Article X — Monopolies, Etc.
No provision of this Code shall be so applied as to permit mo-
nopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
Article XI — Reports
In addition to the information required to be submitted to the
Code Authority, members of the Industry shall furnish to the Ad-
ministrator such statistical information as may be deemed necessary
for the purposes recited in Section 3 (a) of the Act to such Federal
and State agencies as the Administrator may designate ; and nothing
in this Code shall relieve any person of any existing obligation to
furnish rej)orts to government agencies.
459
Article XII — Registration of Members of the Industry
Each member of the Industry shall, within thirty (30) days after
the effective date of this Code, register with the Code Authority. All
members of the Industry who may engage in the Industry thereafter
shall likewise register with the Code Authority.
Registration of a member of the Industry shall include the full
name and mailing address of the member. The time limit for the
registration by any member of the Industry may be extended when-
ever, in the opinion of the Administrator, the time limit as provided
herein might cause an injustice to any member of the Industry.
Article XIII— Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Ck)de No. 229.
Registry No. 1G29-05.
O
Approved Code No. 230
CODE OF FAIR COMPETITION
FOR THE
PAPER BAG MANUFACTURING INDUSTRY
As Approved on January 26, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
PAPER BAG MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition for the Paper Bag Manufacturing Industry,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Indvsfrial Recovery.
Approval recommended :
George L. Berry,
Division Administrator.
Washington, D.C,
January 26, 1934'
33300° 313-79 34 (461)
The President,
The White House.
Sir: This is a report of the hearing on the Code of Fair Competi-
tion for the Paper Bag Manufacturing Industry, conducted in "Wash-
ington on November 2, 1933, in accordance with the provisions of
Title I of the National Industrial Recovery Act.
HOURS AND AVAGES
For factory workers, this Code provides a forty-hour we;'k averaged
over thirteen weeks, but not more than forty-eight hours in any one
week, with overtime payment for hours worked in excess of eight
per day. For office workers, the Code specifies a forty-hour week
averaged over one year and an average of not more than forty-eight
hours per week in any period of thirteen weeks. Slightly longer
hours are permitted for additional nonproductive emploj'ees.
The minimum wage for factory workers in the Northern and
Central zones are 38 and 35 cents per hour respectively for males,
with a o-cent differential for female workers in each case. In the
Southern zone the minimum wage for this class is 30 cents for both
men and women. Provision is made that men and women doing
the same work shall receive the same pay. An exception is made oi
work which on July 15, 1929, paid less than the prescribed rates.
In such cases the 1929 rate, or ninety percent of the basic Code rate,
whichever is higher, is prescribed. The minimum wages of office
workers range from $12.00 to $15.00 per week, as in the President's
Reeni})loyment Agreement.
This induvstry is closely allied with the Paper and Pulp Industry,
and about 60 percent of the total production of bags is carried on in
plants which manufacture their own paper. For this reason, this
Code prescribes the same minimum wages and maximum hours as
the Paper and Pulp Code. Provision is made that when a rehear-
ing is held on the Paper and Pulp Code, as directed in your Execu-
tive Order of November 17, 1933, approving said Code, the wage
and hour provisions of the Paper and Pulp Code, as determined
after such rehearing, shall apply to this Industry.
OTHER CODE PROAaSIONS
Nine divisions of this Industry are established under subordinate
Codes. Provisions are made for an open price plan, for the filing of
reports with the Administrator and for a cost accounting system
which will equalize the differential in transportation costs between
self-contained and converting mills. Trade practices are established
for the Industr3^
ECONOMIC EFFECT OF THE CODE
In 1929 the Paper Bag Manufacturing Industry employed about
3,600 workers. In May 1933 employment had increased to about
(4tJ2)
4G3
23 percent over the 1929 level as a result of increased production.
Under the President's Keeniploynient Agreement, the total ^vas
raised 46 percent over the 1929 fi<i;ure. The effect of the hour limi-
tations of this Code ^vill be to give emi)U)yment to about 5 percent
more workers, bringing the total for the industi-y to more tlian G,000.
The increase in employment under the President's Reemployment
Agreement has already brought about increases in pay rolls, so that
the wage provisions of this Code will add only about 5 percent to
present pay rolls. Compared with annual pay rolls as of April 1933,
however, the increases under the Code will be about $922,500
annually.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare ])y promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherw^ise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ploj-ees. and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of Title I of the Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Indus-
try; and that said association imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons this Code has been approved.
Respectfully,
Hugh S. Johxson,
Administrator.
Januaky 26, 1934.
CODE OF FAIR COMPETITION
FOR THE
PAPER BAG MANUFACTURING INDUSTRY
To effectuate the policy of Title I of the National Industrial
Recovery Act, the following is hereby established as a Code of Fair
Competition for the Paper Bag Manufacturing Industry and shall
be binding on every member thereof.
Article I — Definitions
The following words are used in this Code and in all Codes
Fubordinate hereto with the meanings herein set forth:
Industry. — The manufacture of all pasted open mouth bags and
sacks from paper, except shipping sacks as defined in the subordinate
Code for the Paper Shipping Sack Division of the Paper and Pulp
Industry approved November 17, 1933.
Member. — A natural person, partnership, corporation, association,
trust, trustee, trustee in bankruptcy, or receiver engaged in such
industr}^
Act. — Title I of the National Industrial Recovery Act.
Ad'ministrato7\ — The National Industrial Recovery Administrator.
Division. — ^A division or section of the Industry recognized as
such by this Code.
Article II — Organization and Administration
1. A Board consisting of the Chairman of the Executive Authority,
of each division of the Industry as established by the respective
divisional Codes pursuant to the provisions of Section 4 of Article
III hereof, together with such members of the Executive Committee
of the Paper Bag Manufacturers Institute as are not themselves
Chairmen of such Executive Authorities, is hereby designated as
the agency for administering this Code and is hereinafter referred
to as the Code Authority. The Administrator may designate one
or more persons members thereof without vote.
2. The said Institute and all divisional associations hereunder
shall file Avith the Administrator certified copies of an}^ amendments
of their by-laws relating to eligibility or admission to membership
in such Institute or divisional association, or relating to the method
of selection of the members of their Executive Committees, and of
the P^xecutive Authority of each division, which such Institute or
divisional Associations may hereafter adopt.
3. The Adjninistrator may at any time prescribe a different
method for selecting the Industry members of the Code xA.uthority
(464)
465
and of the Executive Authority of each division, and thereafter
such members shall be chosen in the manner so prescribed.
4. The Code Authority is charged generally with the duty of
administering this Code under the sanction and with the approval
of the Administrator. All acts of the Code Authority and of the
Executive Authority of each division shall be subject to review by
the Administrator, and to suspension, modification, or cancellation
by him in any case in which he shall determine that any such act
violates the purposes of the National Industrial Recovery Act.
5. The expense of administering this Code shall be borne pro rata
in accordance with a formula to be adopted by the Code Authority,
by all members of the Industry who accept the benefit of the services
of the Code Authority and/or of the Executive Authorities of any
division of this Industry, or otherwise assent to this Code.
G. The Code Authority shall have power to investigate alleged
violations of this Code and acts or courses of conduct by any mem-
ber which are or appear to be contrary to the policy of the Act or
which tend or may tend to render ineffective this Code and to report
the same with recommendations to the Administrator.
7. The Industry is hereby divided into divisions as set forth in
Schedule A hereto attached. Any question as to the division into
which any particular grade, class, or kind of bags may fall, shall
be determined by the Code Authority.
8. In the event that the jurisdiction of the Code shall be extended
to cover the manufacture of products which do not fall within any
such division, the Code Authority may create new divisions to in-
clude such products and the members of such divisions may then
adopt and submit divisional Codes as provided in Article III hereof.
9. The Code Authority may create new divisions by the subdivi-
sion of any such divisions or by the consolidation of any two or
more of such divisions, provided, however, that no such subdivision
or consolidation shall be made without the consent of the divisional
association of each division affected thereby.
10. In each division there may be one divisional association to
which every member of the industry engaged in the manufacture
of any product included in such division shall be eligible for
membership.
Article III — Divisional Codes
1. Each such divisional association may adopt a divisional Code
and may either submit the same as a supplement to this Code or
submit the same subsequently through the Code Authority to the
President of the United States for his approval. Such divisional
Codes, when so approved, shall have the same force and effect as
to the divisions of the Industry afi'ected thereby as this Code.
2. Such divisional Codes shall be subordinate to this Code and
shall specifically recognize this Code as applicable to all members
of the Industry engaged in manufacturing products falling within
the division for which such divisional Code is submitted.
3. Pending action by the Code Authorit}', each division shall in-,
elude such grades, classes, and kinds of bags as are generally
recognized by custom as falling within the classifications indicated
by the name of such division.
466
4. Each such divisional Code shall designate an agency for the
purpose of administering such divisional Code which shall be de-
nominated "■ The Executive Authority " of such division.
5. Such divisional Codes may contain such provisions relating to
said division as may be appropriate for inclusion in a Code of
Fair Competition under the Act, provided that no such Code shall
contain any provision contrary to or inconsistent with the provisions
of this Code.
Article IV — Houns or Labor
1. Employees in the Industry shall not be required or permitted
to work hours in excess of the limits prescribed in the following-
schedules :
SCHEDULE or WORKING HOURS
(a) Watchmen:
Eight (8) hours in any one day and fifty-six (56) hours in any
one week.
(b) Chauffeurs, truckmen, sAvitching creAvs, engineers, firemen,
and electric and hydroelectric operators :
One hundred and sixty-eight (168) hours in any period of four
(4) consecutiA^e Aveeks, but no more than ten (10) hours in any one
day and forty-eight (48) hours in any one week.
(c) All other laborers, mechanical Avorkers, or artisans employed
in any plant, mill, or factory or on Avork connected Avith the opera-
tion of any such plant, mill, or factory :
An average of not more than forty (40) hours per Aveek in any
period of tliirteen (13) consecutiA'e weeks, but not more than forty-
eight (48) hours in any one Aveek; provided, hoAAever, that time
worked in excess of eight (8) hours in any one day shall be paid for'
as not less than time and one third.
(d) Executives and their personal secretaries and other employees
regularly engaged in a supervisory capacit}^, receiving thirty-fiA'e
($35) dollars or more per AA^eek, and outside salesmen:
No limitations.
(e) All other employees :
An average of forty (40) hours per week in any calendar year
and an aA^erage of not to exceed forty-eight (48) hours per week
in any period of thirteen (13) consecutiA'e Aveeks.
2. No limitation contained in said Schedule shall apply to em-
ployees of any class when engaged in emergency repairs or emer-
gency maintenance work, occasioned by break-downs or iuA^ohdng
protection of life or property.
3. No employee shall be permitted to Avork for two or more
members of the Industry an aggregate number of hours in excess
of the number prescribed in said Schedule.
4. At such intervals as the Code Authority shall prescribe, eA^ery
member shall furnish to the Code Authority such information as it
may require, in order to enable it to determine whether the limi-
tations contained in said Schedule haAC been exceeded.
467
Article V — Waoe8
1. The minimum rate of wage of any laborer, mechanical worker,
or artisan employed in any plant, mill, or factory, or on work con-
nected with the operation of any such plant, mill, or factory shall be
as follows:
(a) Northern Zone, which shall consist of all territory of the
United States except the States named in subdivisions (b) and (c) :
Male labor: thirty-eight (38) cents per hour.
Female labor: thirty-three (33) cents per hour.
(b) Central Zone, which shall consist of the States of Delaware,
Maryland, Virginia, West Virginia, Kentucky, Tennessee, and North
Carolina, and the District of Columbia :
Male labor: thirty-five (35) cents per hour.
Female labor: thirty (30) cents per hour.
(c) Southern Zone, which shall consist of the States of South
Carolina, Georgia, Florida, Alabama, ^Mississippi, Louisiana, Ar-
kansas, and Texas:
Thirty (30) cents per hour.
Provided, however, that in case the rate per hour for any class
of labor was, on July 15, 1929, less than the minimum rate above
specified for the same class of labor, then the minimum rate for such
class of labor shall be the rate paid on July 15, 1929, but in no
event less than ninety (90) percent of the rate above specified.
2. The Code Authority shall obtain statistical data concerning
the eflPect of the above proviso on wage rates in the Industry, and
shall within ninety (90) days after the effective date of this Code
make a report thereon to the Administrator.
3. Pieceworkers shall be paid at rates which will yield a worker
for an hour's work not less than the minimum rates prescribed,
4. The minimum rates of wages for all other employees, except
commission salesmen, shall be as follows :
Not less than $15.00 per Aveek in any city of over 500,000 ])opula-
tion, nor less than $14.50 per week in any city between 250,000 and
500,000 population, nor less than $14.00 per week in any city between
2,500 and 250,000 population, nor less than $12.00 per week in towns
of less than 2,500 poj)ulation.
5. Female emploj'ees performing substantialh' the same work as
male employees, shall receive the same rate of pay as male emplo3^ees.
The Code Authority shall^ within ninety (90) days after the effective
date of this Code, file with the Administrator a description of all
occupations in the Industry in which both men and women are
employed.
6. The wage rates of all employees receiving more than the mini-
mum rates herein prescribed shall be reviewed and such adjustments,
if any, made therein as are equitable in the light of all the circmn-
stances, and within sixty (60) days after the effective date hereof,
the Code Authority shall report to the Adirdnistrator the action
taken by all members of the Industry under this Section.
Article VI — Gener.\l Labor Provisions
1. There shall be a rehearing by the Administrator on all of the
provisions of Articles IV and V of this Code. Such hearing shall
33360 ° 310-79 34 2
468
be held at the ^aiiie time and phicc, and on the same notice as
the hearing for the purpose of determining the adequacy of the
minimum wages established in the Code of Fair Competition for
the Paper and Pulp Industry, directed to be held b}' the Executive
Order approving said Code, dated November 17, 1933. In the event
that any of the provisions of the said Paper and Pulp Code relating
to wages and hours of lalior shall be amended in accordance with
recommendations made by the Administrator and approA'ed bj' the
President as provided in such Executive Order, then and in that
event such amended provisions shall appl}^ also to this Industry
and this Code shall be deemed to have been amended so as to con-
form thereto and the Administrator may direct that this Code be
re])rinted and republished, as so amended.
2. ISTo pers(m under sixteen (16) years of age shall be employed
in the Industry. No person under eighteen (18) years of age shall
be emploj'^ed at operations or occupations Avhich are hazardous in
nature or dangerous to health. The Code Authority shall submit
to the Administrator within sixty (60) days after the effective date
of this Code a list of such operations or occupations. In any State
an emiDloyer shall be deemed to have complied with this provision
as to age if he shall have on file a 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.
3. Employees shall ha^e the right to organize and bargain col-
lectivelj^ 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. No
employee and no one seeking employment shall be required as a con-
dition of emplo3'ment to join any company union or to refrain from
joining, oiganizing, or assisting a labor organization of his own
choosing. Employers shall compl}?^ with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved, or prescribed by the President.
4. No provision in this Code shall supersede anj- State or Federal
law which imposes on employers more stringent requirements as to
age of emploj'^ees, wages, hours of work, or as to safet3% health, sani-
tar}^, or general working conditions or insurance or fire protection,
than are imposed by this Code.
5. No employer shall reclassify employees or duties of occupations
performed or engage in any other subterfuge for the purpose of
defeating the purposes or provisions of the Act or of this Code.
6. All employers shall post copies of Articles IV, V, and VI, of
this Code in conspicuous places accessible to employees.
7. Every emploj'er shall make reasonable provisions for the safety
and health of his employees at the place and during the hours of
tlieir employment. Standards for safety and health shall be sub-
mitted by the Code Authority to the Administrator within six (6)
months after the effective date of this Code.
8. No provision in this Code shall supersede provisions as to
hours, Avages, and conditions of employment which are established
469
for specific projects by competent governmental authority acting in
accordance with law, or to terms of employment whicli are estab-
lished by labor agreements now in force, where either the wages are
higher or the hours of labor are shorter, or both, than are those set
forth in this Code.
1). The Code Authority shall make a study of conditions in the
Industry to determine the feasibility of the adoption of a shorter
Avorking week and shall, within three (3) months after the effective
date of this Code, make a report of its findings to the Administra-
tor. The Code Authority shall also submit to the Administrator
within six (6) months after the effective date of this Code, a x)lan
for the stabilization and regularization of employment.
Article VII — Accounting and Selling
1. The Code Authority shall, as soon as practicable, prescribe a
standard method of costing and accounting for the Industry and sub-
mit tlie same to the Administrator. When it shall have been ap-
proved by the Administrator, every member shall use an accounting
and costing system which conforms to the principles of and is at
least as detailed and complete as such standard method.
2. Each member shall within twenty-four (2-i) hours after the
effective date of this Code, file with the Executive Authority of his
division, in such form as such Executive Authority shall prescribe,
complete lists or schedules of prices, terms, and conditions of sale
(including all differentials, discounts, trade allowances, printing
charges, and special charges) of all products offered for sale by such
member, and sliall so file all subsequent changes therein or revisions
thereof. Each such schedule of prices shall conform to all trado
practices and other provisions established in and by this Code or any
subordinate Code applicable thereto or any amendment or supple-
ment to this Code or to such subordinate Code.
3. All such lists or schedules of prices, terms, and conditions of
sale and all changes therein or revisions thereof shall become effective
immediately on filing.
4. The Executive Authority of any division which shall include
the manufacture of made-to-order bags may suspend the provisions
of Section 2 hereof as to any of such bags.
5. The Executive Authority of each division shall provide each
member of its division with copies of all schedules so filed, and shall
upon request furnish copies thereof at cost to nonmembers at the
same time that they are sent to members.
6. No such schedule of prices and conditions of sale filed by any
member, or in effect at any time in any calendar month, shall be
such as to permit the sale of any product at less than the lower
of the following:
(a) The cost of such product to such member during tlie last period
of two consecutive months, or two accounting periods of four weeks
each, ending not less than thirty (30) days prior to the first day
of such month, which cost shall be determined pursuant to the
method of accounting and costing prescribed by the Code Authority
under this Article as soon as that method is prescribed and thereto-
fore pursuant to the method employed by such member subject to
470
such preliminary rules as the Code Authority shall prescribe with
the approval of the Administrator.
(b) The lowest price filed for such product under the provisions
of this Article by any other member and then in effect.
7. Each schedule filed under this Article shall state whether the
prices and conditions therein specified are justified under subdivi-
sion (a) or under subdivision (b) of Section 6 and in the case of
justification under subdivision (b) shall identify the schedule or
schedules of the other member or members of the Industry justify-
ing such prices and conditions. A schedule justified upon the basis
of the schedule or schedules of another member or members shall
become void forthwith upon the cancellation or revision upward
of such justifying schedule or schedules.
8. Except in fulfillment of bona fide contracts existing on the effec-
tive date of this Code, no member of the industry shall sell any
products of the Industry for domestic consumption at a price or
prices lower than or upon terms or conditions more favorable than
stated in his price schedule then on file, provided, however, that
discontinued lines or damaged goods or seconds of any product may
he. disposed of in such manner and on such terms and conditions
as the Executive Authority of the division into which such products
fall may approve. Withm ten (10) days after the effective date
of this Code, each member shall file with the Executive Authority
of the interested division complete details of all such bona fide con-
tracts and this information shall be available to the Code Authority.
9. Any accounting or costing system which may be used for the
purposes of this Article shall include as paper cost the current
published delivered market price of ba^ paper, the member's indi-
vidual conversion cost, and each division's transportation cost of
shipping bags. The current published delivered market price of
bag paper and each division's transportation cost of shipping bags
shall be determined and made available to all members of such divi-
sion at all times by the Code Authority. Such transportation cost
shall be the total transportation charges chargeable against the ship-
ments made by all members of a division during the preceding cal-
endar quarter year, ending not less than thirty (30) days prior to
the first day of the month in which such transportation cost shall
apply, divided by the total number of tons of bags shipped by all
members of such division during such period. The Executive
Authority of any division with the approval of the Administrator
may modify this paragraph as to such division.
10. The preceding Section hereof shall remain in force only for a
period beginning with the effective dat^ of this Code, and ending on
the last day of the sixth calendar month thereafter, unless such
period shall be extended by the Administrator. At any time during
such period the Administrator, on thirty (30) days' notice to the
(^ode Authority, may declare said Section void and of no effect.
During such period, the members of the Industry .shall furnish to a
disinterestci accountant, or other disinterested qualified person, to
be selected by the Code Authority, such information as the Admin-
istrator may require regarding production costs, freight charges, and
such other 'matters as the Administrator may specif3^ Such ac-
countant, or other qualified person, shall be instructed by the Code
471
Aiitliority to combine such infoniuition in such manner as the Ad-
ministrator may require, and to submit the same on behalf of the
Code Authority to the Administrator.
All information furnished in accordance with the ]jrovisions of
I his Section shall be confidential except as to the xVdministrator and
his assistants, and no information furnished by one member shall
be revealed to another, nor be published except in combination with
other similar data and in such manner as to avoid the disclosure of
confidential information.
11. Each member sliall file with the Executive Autliority of the
interested divisions, the names of his Aoents and Broilers at least one
(1) Aveek before such Ao-ents and Brokers shall be entitled to the
status of Agent or Broker. Each member shall be responsible for
the activities of his Agents and Brokers pertaining to tlie sale of his
products.
Article VIII— Reports A^"D Statistics
1. Each member shall prepare and file with the Secretary of the
Code Authority at such times and in such manner as it may pre-
scribe, such statistics, data and information relating to plant capacity,
volume of production, volume of sales in units and dollars, orders
received, unfilled orders, stocks on hand, inventory both raw and
finished, number of employees, wage rates, employee earnings, hours
of work and other matters, as the Code Authority or the Adminis-
trator may from time to time require. Any or all information so
furnished by any member shall be subject to checking for the pur-
pose of verification by an examination of the books and accounts
and records of such member by any disinterested accountant or
accountants or other qualified person or persons designated by the
Code Authority.
2. Except as otherwise provided in the Act, or in this Code, all
statistics, data and information filed or required in accordance with
the provisions of this Code shall be confidential and the statistics,
data and information of one member shall not be revealed to an-
other member except for the purpose of enforcing the provisions
of this Code. No such data or information shall be published ex-
cept in combination with other similar data and in such a manner as
to avoid the disclosure of confidential information. Tlie Code
Authority shall arrange in such manner as it may determine for the
publication currently to members totals of orders received, unfilled
orders, shipments, stocks of finished goods on hand and production.
3. The Code Authority shall make such reports to the Adminis-
trator as he may from time to time require.
Article IX — Trade Practices
No member shall :
(a) Induce or attempt to induce the breach of a contract between
a competitor and his customer.
(b) Neglect to enforce in letter or in spirit, business obligations
in the form of written contracts.
(c) Imitate the trade marks or the trade names of a competitor.
472
(d) Defame a competitor by falsely implying to him inability
to perform contracts or questionable credit standing, or by spreading
false reports concerning his transactions with others.
(e) Falsely disparage the weight, substance, strength, grade or
quality of a competitor's goods.
(f) Misrepresent his product.
(g) Make or permit his agent to make contracts Avhich do not
cover the quantity, price, and time for delivery, except that any divi-
sion may modify this paragraph as applied to such division.
(h) Pay or allow secret rebates, refunds, credits, or unearned dis-
counts, whether in the form of money, advertising allowances, or
otherwise, or extend to certain purchasers special prices, concessions,
or privileges not extended to all purchasers under like terms and
conditions.
(i) Give, permit to be given, or directly offer to give, anything of
value for the purpose of influencing or rewarding the action of any
emploj^ee, agent, or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such agent, or
the represented party, without the knowledge of such employer, prin-
cipal, or party.
Commercial bribery provisions shall not be construed to prohibit
free and general distribution of articles commonly used for adver-
tising except so far as such articles are actually used for commercial
bribery as hereinabove defined.
(j) Allow a discount for cash payment of more than 2%.
(k) Pay or allow any Agent's or Broker's commission or discount
or other consideration which would operate as a reduction of the
member's published price to any buying syndicate or to any person
other than an actual Agent or Broker as defined by the respective
divisional Codes.
(1) Permit his Agent or Broker to vary from the published price
schedule or schedules of such member.
(m) Exceed a tolerance of 5% beyond the schedule of basis
weights Avhich may be prescribed by the Code Authority and ap-
proved by the Administrator for any standard grade of bag in any
division.
Article X — Recommendations
1. The Code Authority may from time to time present to the
Administrator recommendations based on conditions in the Industry
which will tend to effectuate the operation of this Code and the
policy of the Act, and in particular along the following lines :
(a) For the establishment of additional rules of fair-trade prac-
tices for the Industry and for the codification of its trade customs
and the enforcement thereof.
Such recommendations, when approved by the Administrator,
shall have the same force and effect as other provisions of this Code.
Article XI — General Pkomsions
I
1. If any member is also a member of another Industiy, the
rovisions of this Code shall apply to and affect only that part of
is business which is included in this Inthistry.
473
2. Any work or process incidental to, and carried on by a mem-
ber at his plant as a part of the manufacture of any product of the
Industry, shall be regarded as a part of this Industry.
3. Such of the provisions of this Code as are not required to be
included therein by the Act, may with the approval of the President
of the United States, be modified or eliminated as changes in cir-
cumstances or experience may indicate.
4. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of Section 10 (b) of the Act, from time to time to cancel or
modify any order, approval, license, rule, or regulation issued under
Title I of said Act, and specifically, but without limitation to the
right of the President to cancel or modify his approval of such
Code or any conditions imposed by him upon his approval hereof.
5. This Code shall become effective on the second Monday after
the date upon which it shall be approved by the President of the
United States.
Approved Code No. 230.
Registry No. 401-1-01.
SCHEDULE "A"
Divisions Undek This Code
Banana & Dry Cleaner or Garment Delivery Bag Division
Coffee Bag Division
Glassine Bag Division
Grocery Bag Division
Millinery & Notion Bag Division
Moth Proof Paper Products Division
Shopping Bag Division
Window Face Bag Division
Wholly or Semi-Hand Made Bag Division
(474)
SUBORDINATE CODE OF FAIR COMPETITION FOR THE BANANA
AND DRY CLEANER OR GARMENT DELIVERY BAG DIVISION OF
THE PAPER BAG MANUFACTURING INDUSTRY
The following is hereby estublished as the Subordinate Code of Fair Com-
petition of the Banana & Dry Cleaner or Garment Delivery Bag Division of
the Paper Bag Mamifacturiug Industry.
Article I — Definitions
Words used herein are hereby defined as follows:
1. General Code. — The general Code of the Paper Bag Manufacturing
Industry.
2. This Division. — The Banana and Dry Cleaner or Garment Delivery Bag
Division of such industry consisting of the manufacturers of bags as defined in
yeetion 3 of Article III of the General Code.
3. Executive Authority. — The body created by Section 1 of Article III hereof.
The definitions contained in Article I of the General Code apply also to this
Code.
Article II — SuBOBDiNA-noN
1. This Code is subordinate to the General Code and is submitted pursuant to
the provisions of Article III of the General Code.
2. The General Code is hereby recognized as binding in this Division and on
all members of the industry included within this Division.
3. In the event that any provision of this Code shall be found to be incon-
sistent with the provisions of the General Code, the provisions of the General
Code shall prevail.
Article III — Administration
1. There shall forthwith be constituted an Executive Authority of this divi-
sion consisting of persons to be selected by the members of such division
in such manner and under such regulations as the Administrator may approve.
In addition to membership as above provided, the member or members of the
Code Authority designated by the Administrator shall be advisory members
of such Executive Authority without vote.
2. The Executive Authority is charged generally with the administration
of this Code and shall have sucli other powers and duties as are prescribed
herein or in the General Cwle.
3. The Executive Authority shall cooperate with and assist the Code Author-
ity in administering the General Code and in obtaining from members within
this Division .such reports, statistics, and other data as the ('ode Authority
may require.
4. Subject to restrictions and safeguards similar to those provide<l in Article
VIII of the General Code, members shall furnish such additional information
as may from time to time be required by the Executive Authority.
Article IV — Trade Customs
The Executive Authority shall formulate the recognized Trade Customs and
Fair Trade Practices of this Division, and may from time to time submit any
such Trade Customs or Fail- Trade Practices through the Code Authority to
the Administrator for approval, and the same when approved shall have the
same force and effect as if incorporated in this Code.
Article V — Production
The Executive Authority shall, with a view to effectuating the policy of the
Act. make studies and in its discretion formulate plans with a view to equalizing
(475^
476
production in this Division with demand for its products; and through the
Code Authority may from time to time make recommendations in relation
thereto, and may propose agreements or amendments to this Code designed to
carry such recommendations into effect.
Article VI — Effective Date
This Code sliall become effective on the second Monday after the date upon
•which it phall be approved by the President of the United States.
SUBORDINATE CODE OF FAIR COMPETITION FOR THE COFFEE
BAG DIVISION OF THE PAPER BAG MANUFACTURING INDUSTRY
The following is hereby established as the subordinate Code of Fair Competi-
tion of the Coffee Bag Division of the Paper Bag Manufacturing Industry.
Article I— Definitions
1. General Code. — The General Code of Fair Competition for the Paper Bag
Manufacturing Industry.
1'. Division. — The Coffee Bag Division of the Industry, which is the branch
manufacturing Coffee Bags, as defined in Definition No. 5.
3. Executive Autliority. — The body created by Article III, Section 1, hereof.
4. Association. — The Coffee Bag Manufacturers' Association.
5. Coffee Bags. — Standard sizes or special sizes of the following paper bags
used as retail containers for coffee, tea, cocoa, rice, beans, etc., shall be con-
sidered as Coffee Bags :
Fancy and Kraft Duplex Coffee Bags.
Fancy and Kraft Unlined Coffee Bags.
Fancy and Kraft Triplex Coffee Bags.
Cellulose Triplex Coffee Bags.
Foil (or Aluminum) Lined Coffee Bags.
The definitions contained in Article I of the General Code apply also in tills
Code.
Article II — Sltbordination
1. This Code is subordinate to the General Code and is submitted pursuant
to the provisions of Article III of the General Code.
2. The General Code is hereby recognized as binding in this Division and
on all members of the industry included within this Division.
3. In the event that any provision of this Code shall be found to be incon-
sistent with the provisions of the General Code, the provisions of the General
Code shall prevail.
Article III — Administration
1. The members of the Executive Committee of the Coffee Bag Mfrs. Asso-
ciation, together with the member or members of the Code Authority designated
by the Administrator, are hei'eby constituted the Executive Authority of this
division. The member or members of the Code Authority designated by the
Administrator shall be advisory members of such Executive Authority without
vote.
2. The Executive Authority is charged generally with the administration of
this Code and shall have such other powers and duties as are prescribed herein
or in the General Code.
3. The Executive Authority shall cooperate with and assist the Code Authority
in administering the General Code, and in obtaining from members within
this Division such reports, statistics, and other data as the Code Authority
may i-equire.
4. Subject to restrictions and safeguards similar to those provided in
Article VIII of the General Code, members shall furnish such additional
information as may from time to time be required by the Executive Authority.
477
Abtici-e IV. — Trade Customs
The Executive Authority shall formuhite the recognized Trade Customs
and I'^air Trade Practices of this Division, and may from time to time submit
any such Trade Customs or Fair Trade Practices through the Code Authority
to the Administrator for approval, and the same when approved shall have
the same force and effect as if incorporated in this Code.
Artiili'; V — Effective Date
This Code shall become effective on the second Monday after the date upon
which it shall be approved by the President of the United States.
SUBORDINATE CODE OF FAIR COMPETITION FOR THE GLASSINE
BAG DIVISION OF THE PAPER BAG MANUFACTURING INDUSTRY
The following is hereby established as the Subordinate Code of Fair Com-
petition of the Glassine Bag Division of the Paper Bag Manufacturing
Industry.
Article I — Definitions
Words used herein are hereby defined as follows:
1. General Code. — The General Code of Fair Competition for the Paper
Bag Manufacturing Industry.
2. DivisiO'n. — The Glassine Bag Division of the Industry, which is the
branch manufacturing Glassine Bags, as defined in Definition No. 5.
3. Executive Autliority. — The body created by Article III, Section 1. hereof.
4. Association. — The Glassine Bag Association.
5. Olassine Bags. — Bags made from plain, embossed, or printed glassine
paper or other allied siXH^ialty papers which have always been included in
the Paper Schedule of the Glassine Bag Association, such as : bleached glassine,
amber or unbleached glassine. yellow or colored glassine, Riegeline. RiegeUte,
waxed one side and waxed two sides Riegelite, Lucent, or Hammerzine, waxed
Hammerzine, white dry wax, laminated glassine, pure white vegetable parch-
ment (excluding lard bags), and other papers which may be added by the
Executive Authority.
The definitions contained in Article I of the General Code apply also in
this Code.
Article II — Sveokdixation
1. This Code is subordinate to the General Code and is submitted pursuant
to the provisions of Article III of the General Code.
2. The General Code is hereby recognized as binding in this Division and
on all members of the industry included within this Division.
3. In the event that any provision of this Code shall be found to be incon-
sistent with the provisions of the General Code, the provisions of the General
Code sl\all prevail.
Article III — Administration
1. The meml)ers of the Executive Committee of the Glassine Bag Association,
together with the member or members of the Code Authority designated by the
Administrator, are hereby constituted the Executive Authority of this division.
The member or members of the Code Authority designated by the Administra-
tor shall be advisory members of such Executive Authority without vote.
2. The Executive Authority is charged generally with the administration
of this Code and shall have such other powers and duties as are prescribed
herein or in the General Code.
8. The Executive Authority shall cooperate with and assist the Code Author-
ity in administering the General Code, and in obtaining from members within
this Division such reports, statistics, and other data as the Code Authority
may require.
478
4. Subject to restrictions and safeguards similar to those provided in Article
VIII of the General Code, members shall furnish such additional information
as may from time to time be required by tlie Executive Authority.
Article IV — Tkade Customs
The Executive Authority shall formulate the recognized Trade Customs and
Fair Trade Practices of this Division, and may from time to time submit any-
such Trade Customs or Pair Trade Practices through the Code Authority to
the Administrator for approval, and the same when approved shall have the
same force and effect as if incorporated in this Code.
Article V — Effective Date
Tills Code shall become effective on the second Monday after the date upon
which it shall be aiiproved by the President of the United States.
SUBORDINATE CODE OF FAIR COMPETITION FOR THE GROCERY
BAG DIVISION OF THE PAPER BAG MANUFACTURING INDUSTRY
The following is hereby established as the Subordinate Code of Fair Compe-
tition of the Grocery Bag Division of the Paper Bag Manufacturing Industry.
Article I — Definitions
Words used herein are hereby defined as follows :
1. Ocneral Code. — The General Code of Fair Competition for the Paper Bag
Manufacturing Industry.
2. Code. — The suboixlinate Code of Fair Competition for the Grocery Bag Di-
Aisioh of the Paper Bag Manufacturing Industry.
3. This Division. — The Grocery Bag Division of such Industry comprising the
manufacture of products as listed under " 5 " hereof.
4. Executive Authority. — The body created by Section 1 of Article III hereof.
5. Grocery Bags. — The following products manufactured by the members of
this Division from Paper :
Grocery Bags, Nail Bags, Sugar Bags, Shot Bags, Standard Sacks,
Poultry Sacks, Bundle Sacks.
TTie definitiiUKs contained in Article I of the General Code apply also to thiS'
Code.
Article II — Subordination
1. This Code is subordinate to the General Code and is submitted pursuant to
provisions of Aiticle III of the General Code.
2. The Geni lal Code is hereby recognized as binding in this Division and on
all members of the industry engaged in manufacturing products falling within
this Division.
3. In the event that any provision of this Code shall be found to be incon-
sistent with the provisions of the General Code, the provisions of the General
Code shall prevail.
Article III — Administration
1. There shall forthwith be constituted an Executive Authority of this divi-
sion consisting of persons to be selected by the members of such division in
such manner ixv.d under such regulations as the Administrator may approve.
In addition to i orabership as above provided, the member or members of the
Code Authority designated by the Administrator shall be advisory members
of such Executi\e Authority without vote.
2. The Executive Authority is charged generally with the administration of
this Code and sh;iU have such other powers and duties as are prescribed herein,
or in the General Code.
479
8. The Executive Authority shall cooperate with and assist the Code Author-
ity in administering the General Code and in obtaining from members within
this Division such reports, statistics, and other data as tlie Code Authority
may require.
4. Subject to the same restrictions and safeguards as provided in Article
VIII of the General Code, members shall furnish such information and statistics
as may, from time to time, be required by the Executive Authority.
Article IV — Fair Trade Practices and Trade Customs
The Executive Authority of this Division sliall confer with Ihe members of
the Industry in respect to the stabilization of the Industry and the elimination
of unfair competitive practices and shall formulate the recognized fair trade
practices and trade customs of this Division and shall, from time to time,
submit fair trade practices, and any such trade customs through the Code
Authority to the Administrator for approval, and the same, when approved,
shall have the same force and effect as if incorporated in this Code.
Article V — Effective Date
Tliis Code shall become effective on the second Monday after the date upon
which it shall be approved by the President of the United States.
SUBORDINATE CODE OF FAIR COMPETITION FOR THE MIL-
LINERY AND NOTION BAG DIVISION OF THE PAPER BAG
MANUFACTURING INDUSTRY
The following is hereby established as the Subordinate Code of Fair Competi-
tion of tlie Millinery and Notion Bag Division of the Paper Bag Manufactur-
ing Industry.
Article I — Definitions
Words used herein are hereby defined as follows:
1. General Code. — The general Code of the Paper Bag Manufacturing Industry.
2. Tim Division. — The Millinery and Notion Bag Division of such industry
consisting of the manufacturers of bags as defined in Section 3 of Article III
of tlie General Code.
3. Exeeutive Authority. — The body created by Section 1 of Article III hereof.
The definitions contained in Article I of the General Code applv also to this
Code.
Article II — Subordination
1. This Code is subordinate to the General Code and is submitted pursuant
to the provisions of Article III of the General Code.
2. The General Code is hereby recognized as binding in this Division and
on all meml)ers of the industry included within this Division.
3. In the event that any provision of this Code shall be found to be incon-
sistent with the provisions of the General Code, the provisions of the General
Code shall prevail.
Article III — Administration
1. There shall forthwith be constituted an Executive Authority of this divi-
sion consisting of persons to be selected by the members of such division in such
manner and under such regulations as the Administrator may approve. In
addition to membership as above provided, the member or members of the Code
Authority designated by the Administrator shall be advisory members of such
Executive Authority without vote.
2. The Executive Authority is charged generally with the administration of
this Code and shall have such other powers and duties as are prescribed herein
or In the General Code.
3. The Executive Authority shall cooperate with and assist the Code Authority
in administering the General Code and in obtaining from members within this
480
Division such reports, statistics, and otlier data as the Code Authority may
require.
4. Subject to restrictions and safeguards similar to those provided in Article
VIII of the General Code, members shall furnish such additional information as
may from time to time be required by the Executive Authority.
Article IV — Trade Customs
The Executive Authority shall formulate the recognized Trade Customs and
Fair Trade Practices of this Division, and may fi'om time to time submit any
such Trade Customs or Fair Trade Practices through the Code Authority to the
Administrator for approval, and the same when approved shall have the same
force and effect as if incorporated in this Code.
Article V— Effective Date
This Code shall become effective on the second Monday after the date upon
which it shall be approved by the President of the United States.
SUBORDINATE CODE OF FAIR COMPETITION FOR THE MOTH
PROOF PAPER PRODUCTS DIVISION OF THE PAPER BAG MANU-
FACTURING INDUSTRY
The following is hereby established as the Subordinate Code of Fair Com-
petition of the Moth Proof Paper Products Division of the Paper Bag Manu-
facturing Industry.
Article I — Definitions
Words used herein are hereby defined as follows :
1. General Code. — The General Code of the Paper Bag Manufacturing In-
dustry.
2. This Division. — The Moth Proof Paper Products Division of such industry
cousistuig of the manufacturers of bags and paper as defined in Section 3
of Article III of the General Code.
3. Executive Autliority. — The body created by Section 1 of Article III hereof.
The definitions contained in Article I of the General Code apply also to
this Code.
Article II — Subokdinatton
1. This Code is subordinate to the General Code and is submitted pursuant
to the provisions of Article III of the General Code.
2. The General Code is hereby recognized as binding in this Division and
on all members of the industry included within this Division.
3. In the event that any provision of this Code shall be found to be incon-
sistent with the provisions of the General Code, the provisions of the General
Code shall prevail.
Article III — Administration
1. There shall forthwith be constituted an Executive Authority of this division
consisting of persons to be selected by the members of such division in such
manner and under such regulations as the Administrator may approve. In
addition to membership as above provided, the member or members of the
Code Authority designated by the Administrator shall be advisory members of
such Executive Authority without vote.
2. The Executive Authority is charged generally with the administration of
this Code and shall have such other powers and duties as are prescribed herein
or in the General Code,
3. The Executive Authority shall cooperate with and assist the Code Author-
ity in administering the General Code and in obtaining from members within
this Division such reports, statistics, and other data as the Code Authority may
require.
481
4. Subject to restrictions an<l safeiniiirds similar to tlnis!> providoil in Article
VIII of tlie General Code, mombers siiall funiisb such additional infonnatiou
as may from time to time be required l)y tlie Executive Autliority.
Article IV — Tuade Customs
The Executive Authority shall furniulato liie recognized Trade Customs and
Fair Trade Practices of this Division, and may from time to time submit any
sudi Trade Customs -or Fair Trade I'ractices through the Code Authority to
the Administrator for approval, and the same when approved shall have the
same force and effect as if incorporated in this Code.
Article V — Effective Date
This Code shall become effective on the second Monday after the date upon
which it shall be approved by the President of the United States.
SUBORDINATE CODE OF FAIR COMPETITION FOR THE SHOPPING
BAG DIVISION OF THE PAPER BAG MANUFACTURING INDUSTRY
The following is hereby established as the Suboi'dinate Code of Fair Compe-
tition of the Shopping Bag Division of the Paper Bag Manufacturing Industry.
Article I — Deiixitions
Woixls used herein are hereby defined as follows :
1. General Code. — The general Code of the Paper Bag Manufacturing
Industry.
2. This Division. — The Shopping Bag Division of such industry consisting
of the manufacturers of bags as defined in Section 3 of Article III of the
General Code.
3. Executive Aitilwrity. — The body created by Section 1 of Article III
hereof.
Tlie definitions contained in Article I of the General Code apply also to
this Code.
Article II — Subordination
1. This Code is subordinate to the General Code and is submitted pursuant
to the provisions of Article III of the General Code.
2. The General Code is hereby recognized as binding in this Division and
on all members of the industry included within this Division.
'd. In the event that any provision of this Code shall be found to be inconsist-
ent with the provisions of the General Code, the provisions of the General Code
shi'.ll prevail.
Article III — Administijation
1. There shall forthwith be constituted an Executive Authority of this divi-
sion consisting of persons to be selected by the members of such division in
such manner and under such regulations as the Administrator may approve.
In addition to memljership as above provided, the member or members of
the Code Authority designated by the Administrator shall be advisory members
of such Executive Authority without vote.
2. The Executive Authority Is charged generally with the administration of
this Code and shall have such other powers and duties as are prescribed herein
or in the General Code.
3. The Executive Authority shall cooperate with and a.ssist the Code Author-
ity in administering the General Code and in obtaining from members within
this Division such reptjrts, statistics, and other data as the Code Authority
may require.
4. Subject to restrictions and safeguards similar to those provided in Article
VIII of the General Code, members shall furnish such additional information as
may from time to time be required by the Executive Authority.
482
Article IV — Trade Customs
Tlie Executive Authority shall formulate the recogulzed Trade Customs and
Fair Trade Practices of this Division, and may from time to time submit any
such Trade Customs or Fair Trade Practices through the Code Authority to the
Administrator fv.v approval, and the same when approval shall have the same
force and effect as if incorporated in this Code.
AuTiCLE V — Production
The Executive Authority shall, with a view to effectuating the policy of the
Act, make studies and in its discretion formulate plans with a view to equalizing
production in this Division with demand for its products ; and through the Code
Authority may from time to time make recommendations in relation thereto, and
may propose agreements or amendments to this Code designed to carry such
recommendations into effect.
Article VI — Effectrt: Date
This Code shall become effective on the second Monday after the date upon
which it shall be approved by the President of the United States.
SUBORDINATE CODE OF FAIR COMPETITION FOR THE WINDOW
FACE BAG DIVISION OF THE PAPER BAG MANUFACTURING
INDUSTRY
The following is hereby established as the Subordinate Code of Fair Com-
petition of the Window Face Bag Division of the Paper Bag Manufacturing
Industry.
Article I — Deiixitions
Words used herein are hereby defined as follows :
1. General Code. — The General Code of Fair Competition for the Paper Bag
Manufacturing Industry.
2. Division. — The W^indow Face Bag Division of the Industry, which is the
branch manufacturing Window Face Bags as defined in Definition No. 5.
3. Executive Authoritii. — Tlie body created by Article III, Section 1, hereof.
4. Association. — The Window Face Bag Association.
5. Windoto Face Bags. — Bags composed in part of transparent material and
in part of relatively opaque material, used as retail containers for many kinds
of textiles, foods, novelties, etc.
The definitions contained in Article I of the General Code also apply in
this Code.
Article II — Subordination
1. This Code is subordinate to the General Code and is submitted pursuant to
the provisions of Article III of the General Code.
2. The General Code is hereby recognized as binding in this Division and on
all members of the industry included within this Division.
3. In the event that any provision of this Code shall be found to be incon-
sistent with the provisions of the General Code, the provisions of the General
Code shall prevail.
Article III — Administration
1. There shall forthwith be constituted an Executive Authority of this divi-
sion consisting of persons to be selected by the members of such division in
such manner and under such regulations as the Administrator may approve.
In addition to membership as above provided, the member or members of the
Code Authority designated by the Administrator shall be advisory members of
such Executive Authority without vote.
2. The Executive Authority is charged generally with the administration of
this Code and shall have such other powers and duties as are prescribed herein
or in the General Code.
483
3. The Executive Authority shall cooperate with and assist the Code Authority
in administering tlie General Code, and in ohtaining from members within this
Division such reports, statistics, and otlier data as the Code Autliority may
require.
4. Subject to restrictions and safeguards similar to those provided in
Article VIII of the General Code, members shall furnish such additional
infoi-mation as may from time to time be required by the Executive Authority.
Article IV — Tkadk Customs
The Executive Authority shall formulate the recognized Trade Customs and
Fair Trade Practices of this Division, and may from time to time submit any
such Trade Customs or Fair Trade Practices through the Code Authority to
the Administrator for approval, and the same when approved shall have the
same force and effect as if incorporated in this Code.
Abtictle V — EfI''bcti\'e Date
This Code shall become effective (»n the second Monday after the date upon
which it shall be approved by the President of the United States.
SUBORDINATE CODE OF FAIR COMPETITION FOR THE WHOLLY
OR SEMI-HAND-MADE PAPER BAG MANUFACTURING DIVISION
OF THE PAPER BAG MANUFACTURING INDUSTRY
The following is hereby established as the Subordinate Code of Fair Competi-
tion of the Wholly or Semi-Hand-Made Paper Bag Manufacturers Division of
the Paper Bag Manufacturing Industry.
Article I — Definitions
Words used herein are defined as follows :
1. General Code. — The geneial Code of thi^ Paper Bag Manufacturing
Industry.
2. This Diviakm. — The Wholly or Semi-Hand-Made Paper Bag Manufactur-
ers Divisicm of such industry as defined in Section 3 of Article III of the
(Jeneral Code.
3. Executive Authority. — The body created by Section 1 of Article III
hereof.
The (Ufinirions contained in Article I of the General Code apply also to this
Code.
Article II — Subordination
1. This Code is subordinate to the General Code and is submitted pursuant to
the provisions of Article III of the General Code,
2. The General Code is hereby recognized as binding in this Division and on
all members of the Industry included within this Division.
3. In the event that any provisions of this ('ode shall be found to be incon-
sistent with the provisions of the General Code, the provisions of the General
< 'ode shall prevail.
Arttci.b HI — Administration
1. There shall forthwith be constituted an Executive Authority of this divi-
sion consisting of persons to be selected by the members of the division in
such manner and under such regulations as the Administrator may approve.
In addition to member.ship as above provided, the member or members of
the Code Authority designated l»y the Administrator shall be advisory mem-
bers of such Executive Authority without vote.
2. The Executive Authority is charged with the Administration of thia
Code and shall have such other powers and duties as are prescribed herein
or in the General Code.
484
3. The Executive Anthortty shall cooi)erate with and assist the Code Author-
ity in administering the General Code and in obtaining from members within
this Division such reports, statistics, and other data as the Code Authority
may require.
Article IV — Trade Customs
The Executive Authority shall formulate recognized Trade Customs and
Fair Trade Practices of this Division, and may from time to time submit
any such Ti-ade Customs or Fair Trade Practices through the Code Authority
to the Administrator for approval, and the same when approved shall have
the same force and effect as if incorporated in this Code.
Article V — Effectivh Date
This Code shall become effective on the second Monday after the date upon
which it shall be approved by the President of the United States.
o
Approved Code No. 231
CODE OF FAIR COMPETITION
FOR THE
SURGICAL DRESSINGS INDUSTRY
As Approved on January 27, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
SURGICAL DRESSINGS INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Surgical Dressings Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved, provided, how-
ever, that continued participation of the Association of Surgical
Dressings Manufacturers of the United States shall be contingent
upon the amendment of the Constitution and By-Laws of such
Association to the satisfaction of the Administrator on or before
February 15, 1934.
Hugh S. Johnson,
Administrator for Industrial Recovery,
Approval recommended :
A. D. Whiteside,
Division A dministrafor.
Washington, D.C.
January £7, 193/^..
36176° 313-141 34 (485)
The President,
The White House.
INTRODUCTION
Sir: This is the report of the Administrator on the application
for, and public hearing on, a Code of Fair Competition for the
Surgical Dressings Industry, as proposed by the Association of Sur-
gical Dressings Manufacturers of the United States. The public
hearing was conducted in Washington on November 2, 1933. Every
person who requested an appearance was freely heard in accordance
with statutory and regailatory requirements.
There are fifteen known firms in this Industry, of which ten are
members of the Association and account for 95% of all surgical
dressings produced. The five nonmembers, representing 5% or less
of the total production, are, with two possible exceptions, more closely
identified with other industries.
definition
The definition of the Industry, as stated in Article II, Section 1, of
the Code appended hereto, has been so drawn as to exclude the manu-
facture of gauze. Absorbent surgical gauze, from which a high
percentage of surgical dressings derives, is the staple of this Indus-
try; it is manufactured from a light-weight, open weave cloth, made
from standard print-cloth yarns and woven on standard looms,
known in the cotton mill business as " tobacco cloth." Only four
of the members of the Surgical Dressings Industiy are known to own
or control mills for the production of gauze, and it was the con-
tention of two of these manufacturers that the Surgical Dressings
Industry should properly include the manufacture of gauze, now
conducted under the Code of Fair Competition for the Cotton Tex-
tile Industry as approved by you on July 9, 1933. Whereas it is
apparent that advantages might conceivably accrue to those who
manufacture both gauze and surgical dressings, any such advantages
would be more than counterbalanced by the disrupting effect on the
cotton textile industry and might work a competitive hardship on
those manufacturers of surgical dressings who have to seek the open
market for their gauze requirements.
ECONOMIC AND STATISTICAL MATERIAL
Sales volume for the peak years of 1929 and 1930 is estimated at
$40,000,000 and employment at about 3,750. Whereas sales for 1933
will probably be in the vicinity of only $25,000,000, employment at
August 1, 1933 was approximately 4,000, an all-time high. Thus it
would not appear that the Industry can reasonably be expected to
do a great deal more in the direction of increased employment, al-
(4SG)
487
though there is room for improvement in the matter of increased
purchasing power. In the lirst six months of 1933 average hours
worked were in excess of forty and six of the members reported
fifty hours or more. Rates of pay were as low as 200 per hour for
unskilled female workers, although a weighted average would doubt-
less be very much more satisfactory.
In this connection, it is pertinent to remark that something like
75% of the total production of surgical dressings is in the hands of
two manufacturers. This unusual concentration of production has
had to be a constant consideration in respect of all provisions in this
Code because what might seem eminently fair for the large concern
would constitute an inequitable competitive disadvantage for the
small.
RESUME OF CODE PROVISIONS
The Code establishes 40 hours as the basic week for production
and 321,40 per hour as the minimum rate of pay. Owing in part
to the application of the President's Reemployment Agreement, it is
safe to say that a substantial part of the industry is already on a
basis more favorable than that imposed by the Code provisions, but
these provisions will, none the less, require a real contribution toward
recovery from the balance of the industry and particularly from the
small units, amounting in some cases to at least a 20% reduction in
time and a 40% gain in wages. I believe that any more stringent
limitations at the present time would endanger the existence of the
smaller units and disrupt the competitive situation in the industr3^
The Code is unique in that there are no trade practice regulations.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and Avill pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
powder, by reducing and relieving unemployment, by improving
standards of labor, and by otherv/ise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000
employees; and is not classified b}' me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including Avithout limi-
488
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and Avill not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
January 27, 1934.
CODE OF FAIR COMPETITION
FOR THE
SURGICAL DRESSINGS INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Surgical Dressings Industry, and shall
be the standard of fair competition for such Industry and shall be
binding upon every member thereof.
Article II — Defixitions
The term " Surgical Dressings Industry ", hereinafter called " the
Industry ", as used herein, includes the manufacture of surgical
cotton, adhesive and medicated plasters, and the conversion of un-
bleached gauze to absorbent surgical gauze, gauze bandages, gauze
sponges and pads, and related gauze or gauze and cotton dressings
and/or those products made of other absorbent materials, such as
cellulose wadding, but does not include sanitary napkins and cleans-
ing tissue.
The term " employee " as used herein includes anyone engaged
in the Industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
The term " emploj'er " as used herein includes anyone by whom
an}^ such employee is compensated or employed.
The term " member of the Industry " includes anyone engaged
in the Industry as above defined, either as an employer or on his own
behalf.
The terms '' President ", "Act ", and "Administrator " as used
herein shall mean, respectively, the President of the United States,
Title I of the National Industrial Recovery Act, and the Admin-
istrator for Industrial Recovery.
The term " Code Authority " as used herein means the body con-
stituted by Article VI, Sections 1 and 2.
Population for the purpose of this Code shall be determined by
reference to the 1080 Federal Census.
Article III^ — Hours
1. No office employee, repair man, engineer, coal passer, electrician,
or cleaner shall be permitted to work in excess of forty (40) hours
per week averaged over a consecutive eight-week period and in no
event in excess of fortj^-eight (48) hours in any one week, provided
(4S9)
490
that anj^ such employee, with the exception of an office employee,
shall be paid at one and one third times the normal rate for any
time worked in excess of forty (40) hours in any one week.
2. No watchman shall be permitted to work in excess of fifty-six
(56) hours per week averaged over a two weeks' period and in no
event shall be permitted to work in excess of six days in any seven-
day period.
3. No fireman shalj be permitted to work in excess of forty-two
(42) hours in any one week.
4. No other employee, except employees engaged in a managerial
capacity, receiving at least thirty-five ($35.00) dollars a week and
outside salesmen shall be permitted to work in excess of forty (40)
hours in any one week or ten (10) hours in any twenty-four-hour
period.
5. The maximum hours fixed in the foregoing section shall not
apply to any employee on emergency maintenance or emergency
repair work involving breakdowns or protection of life or prop-
erty, but in any such special case at least one and one third times
his normal rate shall be paid for hours worked in excess of the
maximum hours herein provided.
6. No employee shall be permitted to work more than twenty-four
(24) days in any twenty-eight (28) day period.
7. In the event of an emergency due to war, epidemic, catastrophe,
or Act of God wherein the public health is threatened, the stipula-
tion regarding maximum hours of employment shall be temporarily
suspended, and such suspension shall be forthwith reported to the
Administrator.
Article IV — Wages
1. No office employee shall be paid at less than the rate of fifteen
($15.00) dollars per week in any City of over 500,000 population,
or in the immediate trade area of such City; not less than fourteen
dollars and fifty cents ($14.50) per week in any City of between
250,000 and 500,000 population, or in the immediate trade area of
such City; nor less than fourteen ($14.00) dollars per week in any
City of less than 250,000 population, or in the immediate trade
area of such City.
2. No other employee shall be paid at less than the rate of thirty-
two and one half cents (321^^) per hour, except that a learner dur-
ing a period of six weeks may be paid a rate of not less than
eighty (80%) percent of the foregoing minimum rate provided,
however, that such classification of learners shall not exceed five
(5%) percent of the total number of employees of any employer.
No employee shall be classed as a learner who has worked for any
employer in the Industry a total of eight (8) weeks within the
preceding two (2) years.
3. This Article establishes a minimum rate of pay Avliich shall
apply irrespective of whether an employee is actually compensated
on a time-rate, piecework, or other basis.
4. Rates of pay in excess of the minimum established by this Code
shall be adjusted so as to preserve equitable differentials between the
various occupations in the Industry. A definite plan for the adjust-
ment of those wages above the minimum heroin prescribed shall be
491
presented to the Administrator for his approval within thirty (30)
days of the effective date of this Code.
5. Female emploj^ees performing the same work under substan-
tially the same conditions as male emploj'ees shall receive the same
rates of pa}^ as male employees.
6. A person whose earning capacity is limited because of age or
jihysical or mental handicap may be emploj-ed on special work at
a wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authorit}'' a list of all such
persons employed by him,
7. No employee shall be dismissed by reason of making a com-
plaint or giving evidence with respect to a violation of this Code.
2-1
rVRTiCLE V — General Labor Provisions
1. Child Labor Provision. — No person under sixteen (16) years of
age shall be employed in the Industry, nor anyone under eighteen
(18) years of age at operations or occupations hazardous in nature
or detrimental to health. The Code Authority shall submit to the
Administrator before March 1, 1934, a list of such occupations. In
any State, an emplo3^er shall be deemed to have complied with this
provision if he shall have on file a certificate or permit duly issued
by the authority in such State empowered to issue employment or
age certificates or permits, showing that the employee is of the
required age.
2. Provisions from the Act. — In compliance with Section 7 (a) of
the Act, it is provided :
(a) That employees shall have the right to organize and bargain
coUectivel}', 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,
(b) 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 organiza-
tion of his own choosing, and
(c) 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.
3. Rcda-ssificaiion of Employees. — Employers shall not reclassify
employees or duties or occupations, or engage in any otlier subterfuge
so as to defeat the purposes of the Act or of this Code.
4. Standards for Safety and Health. — Every employer shall make
reasonable provision for the safety and health of his employees at
the place and durinf^ the hours of their employment. Standards for
safety and health shall l)e submitted by the Code Authority to the
Administrator within six (6) months after the effective date of
this Code.
492
5, State Laws. — No provisions in this Code shall supersede any
State or Federal law which imposes more stringent requirements on
employers as to age of employees, wages, hours of work, or as to
safety, health, sanitar}^ or general working conditions or insurance,
or fire protection, than under this Code.
6. Posting. — Employers shall post in ten-point type or larger in
conspicuous places readily accessible to the employees Articles III,
IV, and V of this Code/
Article VI — Organization, Powers, and Duties or the Code
Authority
1. Orgamzation. — A Code Authority is hereby constituted to co-
operate with the Administrator in the administration of this Code.
2. The Code Authority shall consist of not more than five indi-
viduals or such other number as may be approved from time to time
by the Administrator, to be selected by the Industry as hereinafter
set forth, and of such additional members without vote as the Admin-
istrator, in his discretion, may appoint to represent such groups or
interests or such governmental agencies as he may designate.
The Code Authority members to be selected by the Industry shall
be elected as follows :
Any member of the Industry who has qualified as provided in
Section 5 of this Article shall be entitled to one vote in the nomina-
tion and election of the members of the Code Authority. The pro-
ponents of the Code shall arrange for such nomination and election
within fourteen (14) days of the effective date of this Code. In
the interim, the Code Committee of the Association of Surgical
Dressings Manufacturers of the United States shall fulfill the func-
tions of the Code Authority.*
3. Each trade or industrial association, directly or indirectly par-
ticipating in the selection or activities of the Code Authority, shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of Association,
By-Laws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessarj^ to
effectuate the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with
the provisions of the Act, the Administrator may provide such hear-
ings as he may deem proper; and thereafter, if he shall find that the
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, may require an appro-
priate modification in the method of selection of the Code Authority.
5. Members of the Industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof and to use the
N.R.A. Insignia by assenting to and complying with the require-
ments of this Code and sustaining their reasonable share of the
expenses of its administration. Such reasonable share of the ex-
* Sec paragrapL 2 of order approving tbis Code.
493
penses of administration shall be determined by the Code Authority
subject to review by the Administrator, on the basis of volume of
business and/or such other factors as may be deemed equitable.
6. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for an}^ act of any other member, officer, agent, or employee of the
Code Authority exercising reasonable diligence in the conduct of
his duties hereunder nor be liable to anyone for any action or omis-
sion to act under the Code, except for his own willful misfeasance
or nonfeasance.
7. Powers and Duties. — The Code Authority shall have the follow-
ing duties and powers to the extent permitted by the Act :
(a) To adopt bjdaws and rules and regulations for its procedure
and for the administration and enforcement of the Code, in accord-
ance with the powers herein granted, and to submit the same to the
Administrator for his approval together with true copies of any
amendments or additions when made thereto, minutes of meetings
when held, and such other information as to its activities as the
Administrator may deem necessary to effect the purposes of the Act.
(b) To obtain from members of the Industry for use of the Code
Authority, the Administrator and the President, at such time and
in such manner as may be prescribed by the Code Authority, statis-
tics covering number of employees, wage rates, employee earnings,
hours of work, and such other data as may be required by the
Administrator. All such individual reports and statistics shall be
kept confidential as to members of the Industry, including such
members serving on the Code Authority, and only general summaries
thereof, prepared by a confidential agent chosen by the Code Author-
ity, may be published.
(c) To receive complaints^ of violations of this Code, make investi-
gations thereof, and bring to the attention of the Administrator
recommendations and information relative to violations.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein and to pay such trade associations and agencies the cost
thereof, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such,
trade associations and agencies shall at all times be subject to and
compl}' with the provisions hereof.
(e) To secure an equitable and proportionate payment of the
expenses of maintaining the Code Authority and its activities from
members of the Industry.
(f ) To cooperate with the Administrator in regulating the use of
the N.R.A. Insignia solely by those employers who have assented to,
and are complying with, this Code.
(g) To initiate, consider, and make recommeHdations for the
modification or amendment of this Code.
8- If the Administrator shall determine that anj'^ action of a code
authority or any agency thereof is unfair or unjust or contrary to
the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty days to afford an
opportunity for investigation of the merits of such action and further
consideration b}'^ such code authority or agency pending final action,
which shall be taken only upon approval by the Administrator.
494
9. General Administrative Provision. — In addition to the infor-
mation required to be submitted to the Code x^uthority as set forth
in this Article there shall be furnished to Government agencies such
statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the National Industrial
Recovery Act.
Article YII — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify anj^ order, ap-
proval, license, rule, or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Administrator
and such notice and hearing as he shall specify, and to become
effective on approval of the President.
Article VIII — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
Article IX — Price Increases
Whereas, the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and,
services increase as rapidly as wages, it is recognized that price in-
creases except such as may be required to meet individual cost should
be delayed. But when made such increases should, so far as possible,
be limited to actual additional increase in the seller's costs.
Article X — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 231.
Registry No. 1628-06.
o
Approved Code No. 232
CODE OF FAIR COMPETITION
FOR THE
MERCHANDISE WAREHOUSING TRADE
As Approved on January 27, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
MERCHANDISE WAREHOUSING TRADE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Merchandise Warehousing Trade, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No, 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act ; and do hereby order that said Code of Fair
Competition be and it is hereby approved ; provided, however, that
the continued participation of the Merchandise Division of the
American Warehousemen's Association shall be contingent upon the
amendment of the constitution and bylaws of such association to the
satisfaction of the Administrator on or before February 15, 1934.
Hugh S. Johnson,
Adhmnistratcy)' for Industrial Recovery.
Approval recommended :
A. D. Whitesidf:.
I J ivis ion A dvvin is trat or.
Washington, D.C,
January 27, 1934.
364li0° 313-144 34 (495)
The President,
The White House.
Sir : This is a report of the Hearing on the Code of Fair Competi-
tion for the Merchandising Warehousing Industry, conducted in the
Willard Hotel, on October 27th, 1933. The Code which is attached
was presented by duly qualified and authorized representatives of the
Industry, complying with the statutory requirements, said to represent
80 percent of the space available for merchandise warehousing
purposes.
THE INDUSTRY
The number of firms in this business aggregate 1,420. These
firms utilize approximately 45,000,000 square feet out of a capacity
of 75,000,000 square feet. Approximately 30,000 employees are
affected by this Code.
It is estimated that employment of warehouse labor will be
increased 14 percent by the establishment of the uniform 45 max-
imum hour week proposed by the Code. It is stated that the increase
in weekly pay rolls under the proposed minimum wage will be 7
percent.
PROVISIONS OF THE CODE
The Code provides for a basic work week of 45 hours. The Code
proposes wage rates with differentials established on the basis of
size of city and region. The proposed minimum hourly wage rates
vary from 27.5 to 40 cents. The minimum weekly wage rates pro-
posed for clerical employees range from $13.00 to $15.00.
Under Article IV, Administration, the Code provides for a Code
Authority of 12 members from the Trade and, at the discretion of
the Administrator, three additional members from the government.
The Trade Practice Section of this Code is for the most part a
codification of rules and regulations which have been well established
by the association serving this Trade.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Kecovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry for
the purpose of cooperative action among the trade groups, by induc-
ing and maintaining united action of labor and management under
(496)
497
adequate Governmental sanctions and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 em-
ployees; and is not classified by me as a major Industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is a trade association truly representative of the aforesaid
Trade ; and that said association imposes no inequitable restrictions
on admission to membership therein,
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
A dministrator,
January 27, 1934.
CODE OF FAIR COMPETITION
FOR THE
MERCHANDISE WAREHOUSING TRADE
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Merchandise Warehousing Trade, and
shall be the standard of Fair Competition for such trade, and shall
be binding upon every member thereof.
Article II
The term " Merchandise Warehousing Trade", or " Trade", as
used herein, includes the furnishing, for a consideration, of ware-
housing services for goods, wares and/or merchandise, except:
(a) Grain in bulk (grain elevators).
(b) Used household goods and/or used personal effects (house-
hold goods w^arehouses, parcel rooms, and safe deposit vaults).
(c) Used vehicles (public garages).
(d) Such goods, wares, and/or merchandise as require for their
preservation artificial refrigeration below 45 degrees Fahrenheit
(cold-storage warehouse).
(e) Warehousing services performed by those who are engaged in
warehousing only agricultural commodities that are grown in their
immediate area.
(f) Such warehousing services as may be required by the Inter-
state Commerce Act to be furnished by common carriers.
The term " employee " as used herein includes anyone engaged in
the Merchandise Warehousing Trade in any capacity receiving com-
pensation for his services, irrespective of the nature or method of
payment of such compensation.
The terms " employer ", " warehouseman ", or " merchandise ware-
houseman ", as used herein include anyone by whom any such em-
ployee is compensated or employed.
The term " member of the Trade " includes anyone engaged in the
Merchandise Warehousing Trade as above defined, either as an em-
ployer or on his own behalf.
The term " Code Authority " as used herein means the Merchandise
Warehousing Trade Code Authority, as provided for in Article VI
of this Code.
(498)
499
The t<^rms " President ", "Act ", and "Administrator " as used
herein shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator of said
Act.
Population for the purposes of this Code shall be determined by
reference to the 1980 Federal Census.
Article III — Hours
Section 1. No employee shall be permitted to work in excess of
forty-five (45) hours in any one week or eight (8) hours in any
twenty-four (24) hour period, except as otherwise provided in this
Article.
Sec. 2. Tlie maximum hours fixed in the foregoing section shall
not apply to: (a) Aii}^ employee in a managerial or executive capa-
city who receives more than thirty-five dollars ($35.00) per week;
(b) any employee on emergency work, but in any such special case
one and one half (lYz) times his hourly rate shall be paid for each
hour worked in excess of eight (8) hours per day or forty-five (45)
hours per week; (c) watchmen, who shall not be permitted to work
in excess of fifty-four (54) hours in any one week or more than six
(G) days in any consecutive seven (7) days.
Article IV — Wages
Section 1. (a) No warehouse labor shall be paid at less than the
following hourl}' rates, regardless of whether an employee is com-
pensated on a time rate, piecework or other basis :
Regions {as established in Article VI)
In cities of more than 500,000 population
In cities of 50,000 to 500,000 population..
In cities of less than 50,000 population...
In regions
Sand 7
$0. 325
.30
.275
In all other
regions
$0.40
.375
.35
(b) No office or clerical emploj^ee shall be paid at less than the
foUoAving Aveekly rates except office boys (16 to 18 years of age) who
may be comjiensated at not less than 80% of that amount, provided
tliat the total number of those so compensated shall not exceed 10%
of the total number of office employees, with a minimum of one :
In cities of inoi-e than 500.000 population $15.00
In cities from 50,000 to 500000 population 14. 50
In cities of le.ss than 50,000 population 13. 50
(c) No office or clerical employee engaged on other than a weekly
or longer emploj-ment basis shall be paid at less than forty (40) cents
per hour in any of the Regions established in Article VI.
(d) No employee whose full-time Aveekly hours, as of July 1,
1983, are reduced, by reason of the provisions of Article III of this
Code, by less than twenty percent (20%) shall have his full-time
weekly earnings, as of July 1, 1933, reduced. No employee whose
500
full-time weekly hours, as of July 1, 1933, are reduced, by reason of
the provisions of Article III of this Code, in excess of twenty per-
cent (20% ) shall have his said earnings as of July 1, 1933, reduced
by more than fifty percent (50%) of the amount calculated by mul-
tiplying the reduction in hours by the Code hourly rate.
Sec. 2. Each member of the Trade shall, within thirty (30) days
after the effective date of this Code, efl'ect an ec{uitable adjustment of
all wages above the minimum herein prescribed.
Article V — General Labor Provisions
Section 1. Each member of the Trade shall comply with the
following requirements of the National Industrial Recovery Act:
(a) Employees shall have the right to organize and bargain col-
lectively 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.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing. •
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
Sec. 2. No employer shall employ any person under sixteen (16)
years of age.
Sec. 3. Within each State this Code shall not supersede any laws
of such State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or general working conditions than under this Code.
Sec. 4. Employers shall not reclassify employees or duties of
occupations performed by employees so as to defeat the purposes of
the Act.
Sec. 5. Each employer shall post in conspicuous places full copies
of this Code.
Article VI — Administration
To further effectuate the poHcies of the Act, a Merchandise Ware-
housing Trade Code Authority is hereby constituted to cooperate
with the Administrator in the administration of this Code.
Section 1. Organization and Constitution of Code Authority.
(a) The Code Authority shall consist of twelve (12) individuals
from the Trade, ten (10) of whom shall be elected by members of
the Trade and two of whom shall be the President and Vice Presi-
dent of the American Warehouseman's Association, Merchandise
Division, or sucli other number as may be approved from time to
time by the Administrator, to be elected as hereinafter provided,
and of sucli additional members without vote, not to exceed three
(3), as the Administrator, in his discretion, may appoint to represent
such groups or governmental agencies as he may designate.
501
The Executive Committee of the American Wareliousemans As-
sociation, Merchandise Division, shall arrange for the nomination
and election of the Trade members of the Code Authority to be
completed not later than sixty (GO) days after the effective date of
this code. Due and timely notice of such election shall be given to
all members of the Trade who have complied with the terms of
Section 3 of this Article. Each such member of the Trade shall be
entitled to one vote in person or by proxy in the nomination and
election of the member of the Code Authority for his region. Nomi-
nations and election for each region shall be made in open meeting
by plurality vote of the members of the Trade from the region.^
(b) The regions from which the ten (10) members of the Trade
shall be elected are hereby established as follows:
Region No. L — INlaine, New Hampshire. Vermont, Massachusetts,
Connecticut, and Rhode Island.
Region No. 2. — New York, Pennsylvania, New Jersey, Delaware,
Maryland, and District of Columbia.
Region No. 3. — Virginia, North Carolina, South Carolina, (jeorgia,
Florida, Alabama, Mississippi, Tennessee, Kentucky, and West
Virginia.
Region No. I^. — Ohio, Indiana, Illinois, AVisconsin (excluding
Superior), and Michigan.
Region No. 6. — Minnesota ; Superior, Wisconsin ; North Dakota ;
South Dakota ; and Montana.
Region No. 0. — Missouri, Iowa, Nebraska, and Kansas.
Region No. 7. — Texas, Louisiana, Arkansas, Oklahoma, and New
Mexico.
Region No. 8. — Colorado, Utali, and Wyoming.
Region No. 9. — Washington, Oregon, and Idaho.
Region No. 10. — California, Nevada, and Arizona.
The Chairman shall represent the territorial possessions of the
United States.
(c) The President and Vice-President of the American Warehouse-
men's Association, Merchandise Division, shall be Chairman and
Vice-Chairman respectively of the Code Authority. Pending election
of the other members of the Code Authority as provided for in (a)
of this Section, the President of the American Warehousemen's
Association, Merchandise Division, shall appoint the other ten mem-
bers of the Authority, with the approval of the majority of the
members of the Executive Connnittee of the American Warehouse-
men's Association, Merchandise Division, and with due regard for
representation of Warehousemen's Associations in each respective
region.
The ten (10) members appointed from the Trade shall serve for not
more than sixty (60) days from the effective date of this Code. The
elected members shall serve for a period of one year. Election of
such members shall be held annually.
(d) Each Trade association directly or indirectly i)articipating
in the selection or activities of the Code Authority shall :
1. Impose no inequitable restrictions on membership, and
1 See paragraph 2 of order approvinR (his Codo.
36420 "—313-144 34 2
502
2. Submit to the Administrator true copies of its articles of asso-
ciation, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessarj' to
effectuate the purposes of the Act.
(e) In order that the Code Authority shall at all times be truly
representative of the Trade and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, he may require an appro-
priate'modification in the method of selection of the Code Authority.
(f) The Chairman, Vice Chairman, and Secretary of the Code
Authority shall constitute the Administrative Committee, which
shall exercise such authority and perform such duties as may be
delegated to it by the Code Authority.
(g) The Treasurer of the American Warehousemen's Association,
Merchandise Division, shall serve as the Treasurer of the Code
Authority.
(h) The Executive Secretary of the American Warehousemen's
Association, Merchandise Division, shall serve as the Secretary of
the Code Authority.
Sec. 2, (a) The Code Authority shall have the following duties
and powers to the extent permitted by the Act : to make such rules
and regulations; procure such reports and other information; ap-
point such committees; and employ or designate such agents and
delegate to them such duties and authority, as may be necessary.
(b) If the Administrator shall determine that anj'^ action of a
code authority or any agency thereof is unfair or unjust or contrary
to the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty days to afford an
opportunity for investigation of the merits of such action and further
consideration by such code authority or agency pending final action,
which shall be taken only upon approval by the Administrator.
(c) jNTothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone for
any act of any other member, officer, agent, or employee of the Code
Authority. Nor shall any member of the Code Authority, exercis-
ing reasonable diligence in the conduct of his duties hereunder, be
liable to anyone for any action or omission to act under this Code,
except for his own willful misfeasance or nonfeasance.
Sec. 3. Members of the Trade shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its fornuilation and adminis-
tration. The Code Authority shall establish, assess and collect from
each suliscriber to this Code an initial annual fee, which shall become
applicable and due upon the effective date of this Code, as follows:
$24.00, plus $12.00 for each 10,000 square feet or fraction thereof,
devoted to the conduct of the merchandise warehousing business as
o
50
defined in Article II, subject to a maximum annual fee of $264.00
for an}' one merchandise warehouseman.
Due and timelv notice shall be sent to every member of the Trade
whose name can be ascertained after dilifjent search that the require-
ments of this section must be complied with before such member will
be entitled to a vote in the nomination and election of his Trade
member of the Code Authority.
Adjustments in the amount of fees may be made from time to
time ijy the Code Authority, subject to review by the Administrator,
on the basis of capacity, volume of business, and/or such other factors
as may be equitable to be taken into consideration.
Article VII — Certificate of Participation
Section 1. Upon payment of the fee prescribed in Article VI,
Section 3, each member of the Trade, shall receive from the Code
Authority a Certificate of Participation, serially numbered, showing
that he is a subscriber to this Code.
Sec. 2. Commencing- thirty (30) days after the effective date of
this Code, every warehouse receipt issued by each member of the
Trade shall bear a notation showing his certificate number and
reading: "Subscribed to Merchandise Warehousing Trade Code.
Certificate No. — ."
Sec. 3. To further the purposes of Title I of the Act, each mem-
ber of the Trade may otherwise display similar evidence of his par-
ticipation in this Code.
Article VIII — Standardization of Warehousing Trade Practices
Each member of the Trade shall post in a conspicuous place, ac-
cessible to view, the following section :
Section 1. The following, the Standard Contract Terms and Con-
ditions, are hereby made a part of this Code of Fair Competition:
"As adopted by unanimous vote b}^ representatives of thv'^ shippers,
bankers, railway men. and Avarehousemen at a general conference,
April 30, 1926, at the Department of Commerce, Washington, D.C.,
and indorsed October 30, 1926, by the Department of Commerce.
Section 1. Tender for Stoi'agc. — (a) All goods for storage shall
be delivered at the warehouse properly marked and i)acked for
handling. The storer shall furnish, at or prior to such delivery, a
manifest showing marks, brands, or sizes to be kept and accounted
for separately, and the class of storage desired; otherwise the goods
may be stored in bulk or assorted lots, in freezer, cooler, or general
storage, at the discretion of the warehousemen, and will be charged
for accordingly.
(b) The word "lot" as used herein means the unit or units of
goods for which a separate account is to be kept by the warehouse-
man. Delivery of all or any units of a lot shall be made without
subsequent sorting except by special arrangement and subject to a
charge.
(c) The warehouseman undertakes to store and deliver goods only
in the packages in which they are originally received.
504
Sec. 2. Storage period. — (a) All goods are stored on a month-to-
month basis, unless otherwise provided. A storage month shall ex-
tend from a date in one calendar month to, bnt not including, the
same date of the next and all succeeding calendar months, but if
there be no corresponding date in the next succeeding calendar
month, it shall extend to and include the last day of that month.
When the last day of a final storage month falls on Sunday or a
legal holiday, the storage month shall be deemed to expire on the
next succeeding business day.
(b) Except where other procedure is provided by the warehouse
receipts act, the warehouseman may, upon Avritten notice to the
storer of record and to any other person known by the warehouse-
man to claim an interest in the goods, require the removal of any
goods by the end of the next succeeding month. Such notice shall
be given by delivery in person or by registered letter addressed to
the last known place of business or abode of the person to be notified.
Sec. 3, Insurance., Storage Rates., Expiration., and Transfers. —
(a) All charges for storage are on a month-to-month basis unless
otherwise provided. Charges for any particular lot shall begin at
the receipt of the first unit of that particular lot in store and shall
continue and include the storage month during which the last unit
of the particular lot is deliverecl. Charges shall be made on the basis
of the maximum number of units in any particular lot in store during
a storage month. All charges for storage are due on the first day
of a storage month, and all other charges are due when incurred.
(b) Instructions to transfer goods on the books of the Avarehouse-
man are not effective until delivered to and accepted by him, and all
charges up to the time transfer is made are chargeable to the storer
of record. If a transfer involves rehandling the goods, it will be
subject to a charge.
(c) The warehouseman reserves the right to move, at his own ex-
pense of transfer, and upon notice sent by registered mail to the
storer of record and to the last known holder of the negotiable ware-
house receipt, any goods in storage from any room of the Avarehouse
in Avhich they may be stored to any other of his rooms or warehouses,
but if such storer or holder takes delivery of his goods in lieu of
transfer, no storage charges shall be made for the current storage
month.
(d) When rates are quoted by Aveight, they Avill, unless otherwise
specified, be computed on gross w^eight, and 2,000 pounds shall consti-
tute a ton.
(e) Goods are not insured nor do storage rates include insurance
unless so specified in Avriting. (Adopted Avith the understanding
that in any State requiring insurance by statute the Avords " or re-
quired by statute *' Avould be considered a part of the standard terms
and conditions.)
Sec. 4. Handling. — (a) Handling charges cover the ordinary labor
and duties incidental to receiving goods at Avarehouse door, storing
and delivering to Avarehouse door, but do not include unloading or
loading of cars, A^ehicles, or vessels, unless so specified. Handling
charges will be billed with the storage for the first month.
505
(b) Goods, at the request of a storer, received or delivered during
other than usual business hours will be subject to an additional
charge.
Sec. 5. Car Loading and TJ nloading . — (a) Charges for unloading
or loading of cars include use of switch track, labor required to or
from warehouse door, and billing of car.
(b) Dunnage and fastenings supplied by the warehouseman and
used in loading out cars are chargeable to the storer.
(c) Any additional costs incurred by the warehouseman in unload-
ing cars containing damaged goods are chargeable to the storer.
(d) The warehouseman, unless he has failed to exercise due care
and diligence, shall not be responsible for demurrage, nor for delays
in unloading inbound cars, nor for delays in obtaining cars for
outbound shipments.
Sec. 6. Delivei'nj Reqwirenients. — (a) No goods shall be delivered
or transferred except upon receipt by the warehouseman of complete
instructions properly signed by the storer.
(b) When a negotiable receipt has been issued, no goods covered
by that receipt shall be delivered or transferred on the books of the
warehouseman unless the receipt, properly indorsed, is surrendered
for cancellation or for indorsement of partial delivery thereon.
(c) When goods are ordered out, a reasonable time shall be given
the warehouseman to carry out instructions ; and if he is unable, due
to causes beyond his control, to effect delivery before expiring
storage dates, the goods will be subject to charges for another storage
month ; except when the warehouseman has given notice in accordance
with the provisions of section 2 (b), or because of fire, acts of God,
war, public enemies, seizure under legal process, strikes or lockouts,
riots and civil commotions, if he is unable, due to causes beyond
his control, to effect delivery before the expiring storage date, the
goods shall be subject to storage charges only for that part of the
month during which the goods remain in store.
Sec. 7. Bonded Stores. — A charge in addition to regular rates
will be made for merchandise in bond.
Sec. 8. Minimum Charges. — A minimum charge will be assessed
for storage, handling, and other services.
Sec. 9. Extra Service (a) Extra services in the interest of the
storer, such as special warehouse space, material, drayage, repairing,
coopering, sampling, weighing, repiling, inspection, physical ware-
house checking, compiling stock statements, collections, revenue
stamps, reporting marked weights or numbers, handling railroad
expense bills, etc., are chargeable to the storer.
(b) Stock statements submitted in duplicate by the storer will
be checked Avith the books of the warehouseman Avithout charge.
(c) Shipping includes marking, tagging, billing, procuring, and
forwarding bills of lading, and is chargeable to the storer.
(d) Freight and other disbursements made on behalf of the storer
are due and paj^able on demand and subject to interest from date
billed by the warehouseman.
(e) Storers, including holders of negotiable receipts, may, subject
to insurance regulations and reasonable limitations, have access to
their goods in store when accompanied by a warehouse employee
whose time is chargeable to the storer.
506
Sec. 10. Liability. — (a) The responsibility of a warehouseman, in
the absence of written provisions, is the reasonable care and diligence
required by law.
(b) Perishable goods, or goods which are susceptible to damage
through temperature changes or other causes incident to general stor-
age, are accepted in general storage only at owner's risk for such
damages as might result from general storage conditions.
Sec. 11. Schedule of Charges. — Whenever provision is made in
these standard contract terms and conditions for a charge or charges
by the warehouseman, such charge or charges will conform to the
warehousemen's tariff in effect at the time the charge accrues or the
service is performed, except that no increase in charges within the
direct control of the warehouseman will be made on goods that are
in storage without a 30-day notice mailed to the storer of record or
the last-known holder of a negotiable warehouse receipt.
Sec. 12. {a) The Standard Contract Terms and Conditions desig-
nate each of the following as a separate and distinct warehousing
service :
Handling
Storage
Providing special warehouse space
Supplying material
Repairing or coopering
Sampling
Weighing
Repiling
Inspection
Special physical warehouse checking
Compiling special stock statements
Making collections of money in behalf of customer
Furnishing revenue stamps
Reporting marked weights or numbers
Payment of freight charges in behalf of customer
Shipping
(b) Other separate and distinct warehousing services are:
Drayage
Distribution of " pool " cars
Providing office space
Providing office service; special telephone service, invoicing
for customers, etc.
Providing extra labor
(c) Not to name an adequate and separate rate or charge for
each of tlie services listed in subsection (a) of this Section 12 when
making quotations, or not assess an adequate rate or charge (whether
or not there is an existing rate or charge) for each of the services
listed in subsections (a) and (b) of this Section 12 when performed,
shall be deemed a violation of this code.
Suth adequate rate or charge shall not be less than the loAvest
reasonable cost of the most efficient and lowest cost operator in
the locality for the type of service for which the rate or charge is
operative. Such reasonable cost shall comj^rehend fair and reason-
able rates of pay to labor and include all other items of expense and
overhead as determined by cost-accounting methods recognized in
507
the Trade and approved by the Code Authority, subject to the
approval of the Administrator. Such reasonable cost may be ap-
proved or modified in conformity with the meaning of this Section
by the Code Authority after due notice to and hearing for the
members of the Trade in the locality, subject to review and modifi-
cation by the Administrator.
Abticle IX — Takitts
Within thirty (30) days after the eifective date of this Code,
each member of the Trade shall publish, post in a conspicuous place
open to public inspection, and file with the Code Authority a tariff
containing all i-ates, charges, terms and conditions covering his
warehousing familities and services, which rates, charges, terms,
or conditions shall not be changed except upon the publication, post-
ing, and filing of a new or supplemental tariff, to become effective ten
(10) days thereafter.
Article X — Ixtokmation and Reports
Section 1. Each member of Trade shall keep his records and
boolvs of account in such form as to facilitate furnishing the informa-
tion that the Code Authority may require, subject to the approval of
the Administrator.
Sec. 2, In addition to the information required to be submitted
to the Code Authority, there shall be furnished to government
agencies such statistical information as the Administrator may deem
necessary for the purposes recited in Section 3 (a) of the Act.
Sec. 3. Information determined by the Code Authority to be of a
confidential nature shall be strictly treated as such by any member
of the Code Authority to whose attention such information may come.
Article XI — Unfair Trade Practices
The following practices constitute unfair methods of competition
for members of the Trade and are prohibited :
1. To describe the merchandise warehousing business, the method
used, facilities furnished or services rendered, or to quote rates or
charges, or to state terms or conditions, in a manner that is mis-
representative or that has a tendency or capacity to deceive custo-
mers or prospective customers as the true character thereof in any
particular.
2. To offer or make confidential or secret rates, charges, terms,
or conditions, or to offer or make in any manner or by any device
whatever, more advantageous rates, charges, terms, or conditions,
to certain favored customers or prospective customers than are offered
or made to all customers or prospective customers.
3. To defame competitors by falsely imputing to them dishonorable
conduct, inability to perform contracts, questionable credit standing,
or by other false representations or by the false disparagement of
the grade or quality of their service.
4. To subsidize directly or indirectly, or offer to subsidize, cus-
tomers, or prospective customers, or those representing them, by
508
contributions or subsidies of money, services, or other gratuities
or things of value in the form of rebates, special concessions, pay-
ment of claims for loss or damage known to be fraudulent, or in any
form, for the purpose or with the effect of inducing them to patronize
or deal, or contract to patronize or deal, with the donor or of causing
them to refrain from patronizing or dealing, or contracting to
patronize or deal, with the donor's competitors.
5. To issue or aid in issuing a warehouse receipt when the products
for which such receipt is issued have not been actually received by.
or are not under the actual control of, the one issuing such receipt
at the time of the issuance thereof.
6. To issue or aid in issuing a negotiable warehouse receipt for
stored products of which the one issuing such receipt is owner, either
solely or jointly or in common with others, without stating in said
receipt the fact of such ownership.
7. To deliver part or all of any lot of stored products for which
a negotiable warehouse receipt, the negotiation of which would
transfer the right to the possession of such products, has been issued
and is outstanding and uncanceled, without obtaining the possession
of such receipt, or taking up and canceling the same, or placing a
statement plainly upon it of what products have been delivered,
at or before the time of the delivery of such products, except where
delivery thereof is made pursuant to an order of a court of compe-
tent jurisdiction or in compliance with a sale made to satisfy a lien
thereon.
8. To issue fraudulently or aid in fraudulently issuing a ware-
house receipt for stored products which contains any false statement.
9. To quote or charge a rate that is a departure from his tariff
as provided in Article IX.
10. To use any subterfuge to evade any provisions of this Code,
such as (but without limitation) renting or offering to rent ware-
house space under such terms or conditions as would defeat the pur-
poses of this Code.
Nothing in this Code shall limit the effect of any adjudication by
the Courts or holding by the Federal Trade Commission on com-
plaint, finding, and order, that any practice or method is unfair,
providing that such adjudication or holding is not inconsistent with
any provisions of the Act or of this Code.
Article XII — Modification or This Code
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provision of Section 10 (b) of the National Industrial Recovery
Act, from time to time to cancel or modify any order, approval,
license, nde, or regulation issued under Title I of said Act, and
specifically, but without limitation, to the right of the President to
cancel or modif}^ his approval of this Code or any conditions im-
posed by him upon his approval thereof.
Sec. 2. It is contemj^lated that certain specialized branches of
the Trade, by reason of their peculiar characteristics, may require
separate subdivisions of this Code, or subsidiary codes, and that
509
such subdivisions or subsidiary codes not inconsistent with the gen-
eral provisions and intent of this Code may, with the approval of the
Code Authority and of the Administrator, be made a part of this
Code.
Sec. 3. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on approval of the Administrator.
Article XIII — ]\Ionopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress or discrim-
inate against small enterprises, or to permit or encourage unfair
competition.
Article XIV — Effective Date
This Code shall become effective on the fourteenth day after its
approval by the President.
Approved Code No. 232.
Registry No. 1715-01.
o
Approved Code No. 233
CODE OF FAIR COMPETITION
FOR THE
RAILWAY BRASS CAR AND LOCOMOTIVE
JOURNAL BEARINGS AND CASTINGS
MANUFACTURING INDUSTRY
As Approved on January 29, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
RAILWAY BRASS CAR AND LOCOMOTIVE
JOURNAL BEARINGS AND CASTINGS
MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery xVct, approved June 16, 1933, for approval of a Code of
Fair Competition for the Railway Brass Car and Locomotive Jour-
nal Bearings and Castings Manufacturing Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
directed to the President :
NOAV, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated Decejnber
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereb}'^ approved, subject to the
following condition :
36417° 313-142 34 (511)
512
(1) That the By-Laws of the Association of Manufacturers of
Railway Brass Car and Locomotive Journal Bearings and Castings
shall be changed in accordance with the report of the Legal Division
dated December 20. 1933. within thirty (30) days of approval.
Hugh S. Johxsox,
Admimstratoi' for Industrial Recovery.
Approval recommended :
Malcolm Muir,
Di vision Administrator.
Washixgtox. D.C,
Janiuuy 29. 19-34.
The Presidext,
The White House.
Sir: This is a report on the Code of Fair Competition proposed
for the Railway Brass Car and Locomotive Journal Bearings and
Castings Manufacturing Industry, and on the hearing conducted
thereon in Washington, D.C., on December 6. 1933, in accordance
with the provisions of the National Industrial Recovery Act.
RESr^IE OF LABOR PROMiSIOXS
The Code provides a normal work day of eight (8) hours for all
employees and no employee shall work in exce^^s of forty (40) hours
per week, except that during peak production periods employees may
work not to exceed forty-eight (48) hours per week for not more than
four (4) weeks in any six (6) months' period. Time and one half
shall be paid for work in excess of eight (8) hours per day or forty
(40) hours per week.
Xo employee shall be paid less than at the rate of forty (40) cents
per hour in the Xorth and thirty-two (32) cents per hour in the
South. These minimum wages shall apply to common labor; other
classes of labor, includins: piece workers, shall be compensated at rates
above these minima. Office employees shall be paid not less than fif-
teen dollars ($15.00) per week, except that a limited number of office
boys or girls may be paid not less than twelve dollars ($12.00) per
week.
There are no female production employees, and no person under
eighteen (18) years of age may be employed in the Industry.
GEXERAL STATE3IEXT
This Industry is engaged in the manufacture of brass and bronze
steam and electric locomotive and railway car journal bearings and
castings. It includes the relining of worn journal bearings and
castings. The members of the Association of Manufacturers of Rail-
way Brass Car and Locomotive Journal Bearings and Castings, tiie
applicant group, manufacture ninety-seven percent (97%) of the
products of the Industry which are sold to customers.
The following statistics indicate the magnitude and the condition
of the Industry :
1929
Invested capit^il.
Sales §37.161.761
Sales tonnage-. 1 156,246. 882
Number employees_..» I 2,609
Average nionthiy pay roll : S1Z490
Minimum wase, North i O.-IO
Minimum wage. South i 0.25
Maximum hours I 52
S20,S2S.32S ?1S.226.763
S7. 307, 159
1 85,252,360
1 1.672
$159,344
0.35
0.20
52
Ausust
1933
S19. S62. 610
$1. 6i2, 021
13, 100. 000
2,100
$215, 816
a40
a30
40
(513)
514
It is estimated that operations under the Code will effect an
increase over the figures for 1932 of approximately twenty-three
percent (23%) in the number of employees and of eighteen percent
(18%) in the total pay rolls.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Kecovery Act, including
removal of obstructions to the free flow of interstate and foreign
connnerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental {^auctions and supervision, by elim-
inating unfair competitive practices, by promoting the fullest possi-
ble utilization of the present productive capacit}- of industries, by
avoiding undue restriction of production (except as may be tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects Avith the perti-
nent pro\asions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
group is an industrial group truly representative of the aforesaid
Industry; and said group imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the riglit to be heard prior to approval of
said Code.
For these reasons, therefore, I have approved this Code, subject to
the following condition :
(1) That the By-Laws of the Association of Manufacturers of
Railway Brass Car and Locomotive Journal Bearings and Castings
shall be changed in accordance with the report of the Legal Division
dated December 20, 1933, within thirty (30) days of approval.
Respectfully,
Hugh S. Johnson,
Administrator.
Januaby 29, 1934.
CODE OF FAIR COMPETITION
FOR THE
RAILWAY BRASS CAR AND LOCOMOTIVE JOURNAL
BEARINGS AND CASTINGS MANUFACTURING
INDUSTRY
Ahticle I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Railway Brass Car and Locomotive Jour-
nal Bearino;s and Castings Manufacturing Industry, and upon ap-
proval by the President shall be the standard of fair competition for
Buch Industry and shall be binding upon every member thereof.
Article II — Definitions
The term " Industry " as used herein means and includes the
business of producing in the United States,
(1) Brass and/or bronze
(a) wearing metal castings
(b) steam metal castings
(c) journal bearings, lined or unlined
all for steam and electric railroad cars and locomotives (except as
produced by a company engaged in building locomotives in plants
where such locomotives are built, and except rough castings for street
railways) ; the term shall include such related branches or subdivi-
sions as may from time to time be included under the provisions of
this Code by the President after such notice and hearing as he may
prescribe. The production of such castings consists principally of
the conversion of scrap metals of the railroads' own accumulation
supplied to the " members of the industry " for conversion into cast-
ings as above defined and the relining of Avearing metal castings
removed from service by the railroads and supplied to the " members
of the industry " for that purpose.
The term " Member of the Industry '' includes, but without lim-
itation, any individual, partnership, association, corporation or
other form of enterprise engaged in the Industry either as an em-
ployer or on his or its own behalf.
The word "Association " as hereinafter used, means the Associa-
tion of Manufacturers of Railway Brass Car and Locomotive Jour-
nal Bearings and Castings, Room 721, 80 East Jackson Boule^'ard,
Chicago, Illinois.*
♦ See section 1 of paragraph 2 of order approving this Code.
(515)
516
The term " Employee " as used herein, means and includes any
and all persons engaged in the Industry, however compensated,
except a member of the Industry.
The term " Employer " as used herein includes anyone by whom
such employee is compensated or employed.
The terms " President ", "Act ", and "Administrator ", as used
herein, shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator oi
Title I of said Act.
Article III — Hours
Section 1. Maximum, hours. — No employee shall be permitted to
work in excess of forty (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period beginning at midnight,
except as herein otherwise provided. A normal work day shall not
exceed eight (8) hours.
Sec. 2. The provisions of this Article shall not apply to traveling
salesmen or to persons employed in a managerial or executive capac-
ity who earn not less than $35.00 per week.
Sec. 3. No employer shall knowingly permit any employee to work
for any time which, when totaled with that already performed with
any other employer or employers in the Industry, exceeds the
maximum permitted herein.
Sec. 4. The maximum hours fixed in Section 1 of this Article shall
not apply to any employee on emergency maintenance or emergency
repair work involving break-downs or protection of life or property,
but in any such special case, at least one and one half (IV2) times
the regular rate shall be paid for hours worked in excess of the
maximum provided in Section 1.
Sec. 5. The maximum hours fixed in Section 1 of this Article shall
not apply for four (4) weeks in any twenty-six (26) weeks' period,
during which overtime shall not exceed eight (8) hours in any one
week. In any such special case, at least one and one half (11/2)
times the regular rate shall be paid for hours worked in excess of
eight (8) hours in any tAventy-four (24) hour period, or in excess
of forty (40) hours in any seven (7) day period.
Sec. 6. Watchmen shall not be iDcrmitted to work in excess of
fifty-six (56) hours per week.
Seo. 7. The maximum hours fixed in Section 1 of this Article
shall not apply to melters, engineers, and firemen who may be per-
mitted to work not in excess of one (1) hour per day above the
maximum hours fixed in Section 1 of this Article, provided that
at least one and one half (IV2) times the regular rate shall be paid
for hours worked in excess of the maximum provided in Section 1.
Article IV — Wages
Section 1. Minimujn Wages. — No employee shall be paid in any
pay period less than at the rate of forty cents (40^) per hour in the
North and thirty-two cents (32^*) per hour in the South, except as
otherwise herein provided. These minimum wages shall apply to
common labor ; other classes of labor, including piece workers, shall
517
be compensated at rates above these minima. The South is defined
to mean the States of North Carolina, South Carolina, Georgia,
Florida, Alabama, Tennessee, Arkansas, Mississippi, and Louisiana.
In the States of Virginia, Texas, and Oklahoma the minimum rate
shall be thirty-five cents (35^) per hour. The North comprises all
of the United States not named above.
Sec. 2. No person employed in clerical or office Avork shall be paid
less tlian $15.00 per week.
(a) Provided, however, that office boys or girls may be paid not
less than 80% of such minimum wage, but the total number of such
office boys or girls at such reduced rate shall not exceed in any cal-
endar month five (5) percent of the total number of all employees
covered by the provisions of Section 2 of this Article, provided that
each such employer may emplo}^ one office boy or girl.
Sec. 3. This Article establishes a minimum rate of pay which
shall apply, irrespective of whether an employee is actually com-
pensated on a time-rate, piecework, or other basis.
Sec. 4. No emplo5^ee now emploj^ed at a rate in excess of the mini-
mum shall be discharged and reemployed at a lower rate for the
purpose of evading the provisions of this Code.
Sec. 5. Based upon changes in minimum pay necessitated by the
foregoing paragraphs of this Article, each employer shall in each
establishment make fair and equitable readjustment of all pay sched-
ules. Members of the Industry shall report to the Code Authority,
within ninety (90) days, all such readjustments whether made prior
to or subsequent to the approval of this Code.
Sec. 6. A person whose earning capacity is limited because of age
or phj^sical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
Article V — General Labor Provisions
Section 1. No person under eighteen (18) years of age shall be
employed in the Industry.
Sec. 2. In compliance with Section 7 (a) of the Act it is provided:
(a) That employees shall have the right to organize and bargain
collectively, through representatives of their own choosing, and shall
be free from 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.
(b) 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 organi-
zation of his own choosing, and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of paj', and other conditions of employment
approved or prescribed by the President.
518
Sec. '6. No employer shall reclassify employees or duties of occu-
pations performed for the purpose of defeating the provisions of
the Act or of this Code.
Sec. 4. Every emj^loyer shall provide for the safety and health
of his employees at the place and during the hours of their employ-
ment in accordance with State and/or Federal Regulations.
Sec. 5. No provisions in this Code shall supersede any State or
Federal law which imposes more stringent requirements on employ-
ers as to age of employees, wages, hours of work, or as to safety,
health, sanitary, or general working conditions, or insurance or fire
protection, than are imposed by this Code.
Sec. 6. All employei-s shall post complete copies of this Code in
conspicuous places accessible to all employees.
Article VI — Organization, Powers, and Duties of the Code
Authority
Section 1. Organization. — There shall forthwith be established a
Code Authority consisting of five (5) members to be elected by the
members of the Industry who assent to this Code, the method of elec-
tion to be determined by the Code Committee of the Association, sub-
ject to the approval of the Administrator. In addition the Admin-
istrator may appoint not to exceed three (3) members to the Code
Authority, without vote, who shall serve for terms of from six (6)
months to one (1) year, and whose terms of appointment shall be so
arranged that they do not expire at the same time.
The representatives appointed by the Administrator shall be given
notice together with the Administrator and may sit at all meetings
of the Code Authority.
Sec. 2. In order that the Code Authority shall at all times be
truly representative of the Industry, and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper ; and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authority, or any subcode authority.
Sec. 3. Any member of the Industry subject to the jurisdiction of
this Code and receiving the benefits of the Code and/or the benefits
of the activities of the Code Authority shall pay to the Code Author-
ity his equitable proportionate share of the expense of formulating
and putting into effect and administering this Code, and any other
costs which may be incurred in the preparation and/or administra-
tion of the Code by said Code Authority. The part of such expenses
which shall be assessed against such members of the Industry shall
be assessed by the Code Authority, which Authority in making such
assessment shall take into account the number of emplo5^ees, the vol-
ume and class of business and an equitable consideration of any and
all matters which should be taken into account in determining the
proper assessment.
Failure of the member of the Industry to pay any such assess-
ment for a period of thirty (30) days after the date on which it
shall become payable shall entitle the Code Authority to deprive such
member of his participation in the administration of the Code as
519
therein or herein provided, and such member shall continue to be
liable for his proportionate share of all due and unpaid assessments.
Sec. 4. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer^ agent, or employee of
the Code Authority exercising reasonable diligence in the conduct
of his duties hereunder, nor be liable to anyone for any action or
omission to act under the Code, except for his own willful mis-
feasance or nonfeasance.
Sec. 5. Any action taken by the Code Authority relative to the
administration of this Code, except where made subject to the ap-
proval of the Administrator, may, in the discretion of the Code
Authority, be submitted to the Administrator for approval and shall
in anj' case be subject to the disapproval of the Administrator.
Sec. 6. Each trade or industrial association, directly or indirectly
participating in the selection or activities of the Code Authority, may
impose no inequitable restrictions on membersliip and shall submit to
the Administrator true copies of its Articles of Association, Bylaws,
regulations, and any amendments wdien made thereto, together with
such other information as to membership, organization, and activi-
ties as the Administrator may deem necessary to effectuate the
purposes of the Act.
Sec. 7. Powers and Duties. — The Code Authority shall have the
following powers and duties in addition to those elsewhere provided
in this Code.
(a) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(b) To obtain from members of the Industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and
reports as the Administrator may deem nece&sary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by membei"s to such administrative and/or govern-
ment agencies as the Administrator may designate ; provided that
nothing in this Code shall relieve any member of the Industry of
any existing obligations to furnish reports to any government
agency. No individual ro})orts shall be disclosed to any other
member of the Industry or any other party except to such govern-
mental agencies as may be directed by the Administrator.
(c) To receive complaints of violations of this Code, make in-
vestigations thereof, provide hearings thereon, and adjust such com-
plaints, and bring to the attention of the Administrator, for prose-
cution, recommendations, and information relative to unadjusted
violations; but in no event shall the Code Authority proceed to
prosecute without notice to and approval by the Administrator.
(d) To use such trade groups and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, and to pay such trade groups and agencies the cost thereof;
provided that nothing herein shall relieve the Code Authority of its
duties or responsibilities under this Code, and that such trade groups
and agencies shall at all times be subject to and compl}^ with the
provisions hereof.
520
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the Industry.
(f) To cooperate with the Administrator in regulating the use of
the NRA Code insignia solely by those employers who have assented
to and are complying with this Code.
(g) To initiate, consider, and make recommendations for the
modification or amendment of this Code.
Article VII — Modifications
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act,
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions im-
posed by him upon his approval thereof.
Sec. 2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Administrator
and such notice and hearing as he shall specify and to become effec-
tive on approval of the President.
Article VIII — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article IX — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases, except such as may be required to meet individual cost,
should be delayed. But when made, such increases should, so far
as possible, be limited to actual additional increases in the seller's
costs.
Article X — Termination
All provisions of this Code and an}'^ modifications thereof shall
cease to be in effect after June 16, 1935, or sooner if the President
shall by proclamation, or the Congress shall by joint resolution, de-
clare that the emergency recognized in Section 1 of the Act has
ended.
Article XI — Effecti\'e Date
This Code shall become effective at 12 : 01 o'clock A.M. on the sec-
ond Monday after its approval by the President.
Approved Code No. 233.
Registry No. 1414-03.
o
Approved Code No. 234
CODE OF FAIR COMPETITION
FOR THE
MACARONI INDUSTRY
As Approved on January 29, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
MACARONI INDUSTRY
An application having been dulj^ made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Macaroni Industry, and hearings having
been duly held thereon and the annexed report on said Code, con-
taining findings with respect thereto, having been made and directed
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Jolinson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the j)ertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved, provided, however,
that provisions thereof shall not become effective and they are hereby
stayed for a period of 10 days in order to afford consideration of the
objections of any interested parties, and at the expiration of which
period the said Code shall become effective unless I shall by my
further Order otherwise determine or extend such stay, and provided
36552° 313-148 34 (521)
522
further that the provisions of Section 6 of Articles VII, relating to
open price schedules, are stayed and shall not become effective for 60
days after the date of approval hereof.
Hugh S. Johnson,
Administrator for Industrial Recovei^.
Approval recommended: •
Walter White,
Deputy Administrator^
Washington, D.C,
January 29^ 1934.
The President,
The White Hou^e.
Sir: This is a report on the Code of Fair Competition for the
Macaroni Industry, and on the public hearing held in Washington,
D.C., on October 5, 1933, in accordance with the provisions of the
National Industrial Recovery Act.
HOURS AND WAGES
All labor, clerical and otherwise, is placed on a basis of 40 hours
per week and 8 hours per day, with an exemption for peak periods
not to exceed eight weeks in any one calendar year, during which time
48 hours may be worked with a j)enalty of time and one third for all
time worked in excess of 40 hours.
Maintenance men, engineers, firemen, mixers, kneadermen, and
dryers are placed on a 44-hour week since their normal duties require
a somewhat longer day in order that the production of a plant run
on an eight-hour basis.
Watchmen are limited to 56 hours, delivery men to 48 hours and
the supervisory force is exempted in the cases of salaries above
$35.00 per week.
Office employees are placed on a $16.00 per week basis with a
differential of $2.00 for office boys and messengers.
For plant labor there are three basing rates of pay which were
recognized in the P.R.A., Substitution and whose presence in the
code are deemed necesary for the protection of employees.
Female employees performing the same functions as males shall
be paid under the male minimum for that classification.
Piecework and maintenance of fair differentials are dealt with in
the usual manner.
No geographic wage differential is written into this Code, but
specific permission is granted any regional group to submit data to
the Code Authority showing competitive disadvantage. If the Code
Authority, upon investigation, finds that the data submitted justifies
a wage differential, the Code Authority may petition the Admin-
istrator for an adjustment.
ECONOMIC EFFECTS OF THE CODE
The Macaroni Industrj'^ is distributed over the entire country,
centering largely in metropolitan districts. Individual units vary
from small family establishments catering to local trade only to
large up-to-date factories having a substantial output and competing
through the channels of interstate commerce.
The gross volume of business was in excess of $47,000,000.00 in
1929, dropped to $36,225,000.00 in 1931, and probably will show a
further decline when 1933 figures are available.
(523)
524
The principal ingredient of macaroni is flour used in three forms;
namely, Semolina, Farina, and ordinary flour. All three are whole-
gome and permissible ingredients, but first quality macaroni is de-
rived from Somolina, which is the purified midcllings made from
durum wheat, and does not command a,s wide a market as the other
two forms of flour from which macaroni may be made. It is, there-
fore, of interest to observe that the standards of quality provided
for in this Code will substantially increase the use of Semolina.
These standards are deemed to be of value to the consumer in guar-
anteeing him a high quality product when sold under the name of
macaroni and further protect the consumer by stringent label re-
quirements. In addition, these quality standards will tend to stabi-
lize the Industry, which has suffered from destructive price-cutting
by members of the Industry engaged in distributing an inferior
product under claims of equal quality with better merchandise.
The Code also contains a provision on destructive price-cutting
which will tend to stabilize the Industry and enable it to support
the wage scales which have been written into the Code.
The Code Authority will be selected by a method which is deemed
to assure its representative nature, and its powers and duties have
been limited to those generally accorded to Code Authorities under
the policy of this Administration,
This Code was heard at a public hearing called by the Secretary
of Agriculture. Under Executive Order of January 8, 1934, those
provisions of the Code which were under jurisdiction of the Sec-
retary of Agriculture pursuant to your Executive Order of June
26, 1933, were transferred to this Administration, whose represent-
atives have made certain revisions in the Code, as is customary
after public hearing. These changes are not in conflict with the tes-
timony in the record of the public hearing, and have been assented
to by the Industry. The representatives of the Agricultural Ad-
justment Administration, under whose jurisdiction all provisions of
this Code, with the exception of labor provisions, were prepared
and heard at public hearing, have endorsed these provisions in their
present form with special reference to the standards of quality
provided and the Fair Trade Practices.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elim-
inating unfair competitive practices, by promoting the fullest possi-
ble utilization of the present productive capacity of industries, by
Rvoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
525
agricultural products through increasing purchasing power, by
reducing and relieving unemploj'^ment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association trulj^ representative of the
aforesaid Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For the above reasons this Code has been approved.
Respectfully,
Hugh S. Johnson,
Administi'ator,
January 29, 1934.
CODE OF FAIR COMPETITION
FOR THE
MACARONI INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competi-
tion for the Macaroni Industry, and its provisions shall be the
etandarcls of fair competition for such industry and shall be binding
upon every member thereof.
Article II — Definitions
Section 1. As used in this Code :
(a) The term "' President '' means the President of the United
States.
(b) The terms "Administrator " and "Act " as used herein mean
respectively, the Administrator for Industrial Recovery and Title I
of the National Industrial Recovery Act.
(c) The term '' Person " means individual, partnership, corpo-
ration, association, and any other business unit.
(d) The term "Macaroni Industry" includes the manufacture
and sale by manufacturers of macaroni products for use or con-
sumption off the premises.
(e) The term "Employee" means any person engaged in the
macaroni industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
(f) The term " Employer "' means any person b}^ whom any such
employee is compensated or employed.
(g) The term " Member of the Industry " or " Member " means
any person engaged in the industry, either as an employer or on
his own behalf.
(h) The term " State " includes Territories and the District of
Columbia.
(i) The term " IVIacaroni Products " means and includes all doughs
which have as their base farina, semolina, flour, and/or other per-
mitted ingredients, and which are pressed, rolled, cut, or stamped in
various forms. Macaroni, spaghetti, vermicelli, and egg noodles are
types of macaroni products.
(j) The term "Outside Salesmen" means persons engaged exclu-
sively outside the shop and employed substantially all of their time
in selling.
(k) The term " Distributor " means a wdiolesale dealer in maca-
roni products.
(526)
527
(1) The term " Code " means this Code of Fair Competition or
as amended.
(m) The term " Bulk Goods " means macaroni products which
are normally bought by retailers in original packages and distributed
to consumers in smaller lots than the original package.
(n) The term " Package Goods " means macaroni products which
are sold in original packages.
Article III — General Labor Provtsions
Section 1. Employees shall have the right to organize and bargain
collectivel}" through representatives of their own choosing, and shall
be free from interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in such self-organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection.
Sec. 2. 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 organi-
zation of his own choosing.
Sec. 3. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
Sec. 4. On and after the effective date of this Code, no person
under 16 years of age shall work or be permitted to work in the
Macaroni industry.
Sec. 5. No person under 18 years of age shall work or be permitted
to work at operations and/or occupations deemed to be hazardous
and/or detrimental to health. The Code Authority shall submit to
the Administrator for approval before February 1, 1934, a list of
such occupations.
Sec. 6. No provision in this Code shall supersede anj'^ State or
Federal Law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
Article IV — Hours
Section 1. No employee shall work or be permitted to work in
excess of forty hours in any one week, or more than eight hours in.
any one day, with the following exceptions :
(a) When seasonal demand places unforseen burdens on produc-
tive capacity of a plant, employees may work up to but not in excess
of forty-eight hours per week provided such periods do not total
more than eight weeks in any one calendar year and providing fur-
ther that at least time and one third is paid for all time worked over
forty hours per week.
(b) Executive, supervisory, technical, and administrative em-
ployees, provided that they receive over thirty-five ($35.00) dollars
per week, and outside salesmen.
(c) Chauffeurs and delivery men, provided they are not employed
more than forty-eight hours in any one week.
86552 313-148-^—34-^—2
528
(d) "Watchmen not performing any operating functions provided
they are not employed more than fifty-six hours in any one week.
(e) Maintenance men. engineers, firemen, mixers, kneadermen, and
drj^ers, provided they are not employed more than forty-four hours
in any one week.
Sec. 2. The maximum hours fixed in Section 1 shall not apply to
employees on emergency, maintenance, and repair work, but in any
such special case at lea.st time and one third shall be paid for hours
worked in excess of the maximum hours, and reports shall be made
monthlv to the Code Authoritv stating number of hours so worked in
excess of the maximum.
Sec. 3. Xo employer shall engage any employee for any time which
when totalled with that performed with another employer or em-
ployers exceeds the maximum permitted herein for one day or one
week.
Article T — Wages
Sectiox 1. Xo clerical, accounting, or other office employee shall
be paid at a rate of less than sixteen ($16.00) dollars per week, ex-
cept that office boys and messengers may be employed at a rate of
not less than fourteen ($14.00) dollars per week, provided that such
office boys and/or messengers shall not constitute more than ten
(10%) percent of all clerical and office employees, but each employer
shall be entitled to one.
Sec. 2. Other employees .'jhall be paid at not less than the follow-
ing minima respectively:
(a) Mixers, kneadermen. press and dough-break operators shall
receive not less than fifty-five (55^) cents per hour.
(b) Other male employees shall receive not less than forty -five
(45(i) cents per hour, except that —
1, Unskilled men, not to exceed ten (10%) percent of the total
factory employees, emploj^ed in light occupations shall receive not
less than thirty-five (35(i) cents per hour. It is provided, however,
that any factory with ten or less employees may employ one un-
skilled man at the foregoing rate.
2. Watchmen not performing any operating function shall receive
not less than thirty -five (350) cents per hour.
(c) Female employees shall receive not less than thirty-five (350)
cents per hour, except that where female workers do substantially
the same work or perform substantially the same duties as male
employees, they shall be paid the same rate of pay as male employees
are paid for doing such work or performing such duties.
Sec. 3. It is agreed that this Code establishes a minimum rate of
pay regardless of whether the employee is compensated on the basis
of time rate or piecework performance.
Sec. 4. It is agreed that equitable adjustments will be made in
the cases of those employees now receiving more than the minimum,
to maintain fair differentials now existing between employees. In
no case shall hourly wages be reduced. It shall be the function of
the Code Authority to supervise the observance of these provisions
and to make recommendations to the Administrator for further
provisions appropriate to carry out the purposes of this Section.
529
Sec. 5. Each employer shall post in a conspicuous place of e^sy
and continuous access to eniplojees, the labor provisions of this
Code. The notice shall be printed in English and at least three
notices shall be posted in any shop employing more than ten em-
ployees, and one in any smaller shop. Notices shall be posted in
such other language as maj' be necessary to the understanding of all
employees. All changes in the labor provisions of this Code shall
be posted within one week after such changes have been incorporated.
Sec. 6. Xiiy Regional Group (as provided in Article VIII) may
submit data tending to prove that such Regional Group is placed
at a competitive disadvantage with, or is subject to different economic
conditions from those of other Regional Groups: and if the Code
Authority decides, after investigation, that the facts submitted
justify special labor prov^isions for that Group, the Code Authority
shall petition and recommend to the Administrator that changes
be made in the provisions for Labor in this Code, and upon his
approval after such notice and hearing as he may specify, such new
provisions shall become effective for that Regional Group.
Sec. 7. The provisions of this Code governing hours of labor,
rates of pay, and other conditions of employment shall apply to
employers and others, while performing the duties of employees.
Sec. 8. No employer shall change the method of payment of com-
pensation of employees for the purpose of evading the provisions
of this Code or by other subterfuge evade the provisions of this
Code or of the Act.
Article VI — Oeganizatiox axd Coxstitutiox
Section 1. For the purposes of administering this Code and
effectuating the pohcies and purposes of the Act, there shall be
forthwith established a Code Authority to be composed of nine
persons who shall be elected by members of the industry. The
number elected from the membership of the National Macaroni
Manufacturers' Association shall bear the same relation to the
members of the Code Authority that the production represented
by the membership of the National Macaroni Manufacturers" Asso-
ciation bears to the total production of the members of the industry.
At least one member of the Code Authority shall be a member of
the industry whose annual production is less than the total annual
production of the industry divided by the total number of members
of the industry.
(a) The terms of office of the Code Authority shall be for one
year beginning on July 1 of each year, except that the term of the
first Code Authority shall begin on the effective date of this Code
and expire on June 30, 193-1.
(b) Vacancies caused by death, resignation, or otherwise shall
be filled bv the remaining members of the Code Authoritv with the
approval of the Administrator.
Sec. 2. In addition to members as above provided, there may be
two members, without vote, appointed by the Administrator to
serve for a term of from six months to one year.
Sec. 3. Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authorit
shall (1) impose no inequitable restrictions on membership, and ("
^
530
submit to the Administrator true copies of its articles of association,
bjdaws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
Sec. 4. In order that the Code Authority shall at all times be
truly representative of the macaroni industry and in other respects
comply with the provisions of the Act, the Administrator may
prescribe such hearings as he may deem proper; and thereafter
if he shall find that the Code Authority is not truly representative
or does not in other respects comply with the provisions of the Act,
may require an appropriate modification in the method of selection
of the Code Authority.
Seo. 5. Members of the macaroni industry shall be entitled to
participate in and share the benefits of the activities of the Code
Authority and to participate in the selection of the members thereof
by assenting to and complying with the requirements of this Code
and sustaining their reasonable share of the expenses of its admin-
istration. Such reasonable share of the expenses of administration
shall be determined by the Code Authority, subject to review by the
Administrator, on the basis of volume of business and/or such other
factors as may be deemed equitable.
Seo. 6. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer, agent, or employee of
the Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties hereunder,
be liable to anyone for any action or omission to act under this
Code, except for his own willful misfeasance or nonfeasance.
Sec. 7. Power's and Duties. — The Code Authority shall have the
following further powers and duties, the exercise of which shall
be reported to the Administrator and shall be subject to his right,
on review, to disapprove any action taken by the Code Authority.
(a^ To insure the execution of the provisions of this Code and
provide for the compliance of the macaroni industry with the pro-
visions of the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the macaroni industry ,such in-
formation and reports as are required for the administration of
the Code and to provide for submission by members of such infor-
mation and reports as the Administrator may deem necessary for
the purposes recited in Section 3 (a) of the Act, which information
and reports shall be submitted to such administrative and/or Gov-
ernment agencies as the Administrator may designate; provided
that nothing in this Code shall relieve any member of the industry
of any existing obligation to furnish reports to any Government
agent. All such reports shall be considered confidential and not
to be disclosed to any other member of the macaroni industry or
any other party except to such governmental agencies as may be
directed by the Administrator.
531
(d) To iis€ such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Author-
it}' of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to and
comply Avith the provisions hereof.
(e) To elect a repi'esentative to serve on any coordinating or
advisor}' committee which maj- subsequently be established for the
entire grocery manufacturing industry, and to cooperate with any
such committee with respect to any functions that may be delegated
to it by the Administrator.
(f ) To secure from members of the macaroni industry an equi-
table and proportionate payment of the reasonable expenses of main-
taining the Code Authority and its activities, and to incur expenses
and to make disbursements of such moneys as may be necessary for
the administration of this Code.
(g) To cooperate Avith the Administrator in regulating the use
of any N.R.A. insignia solely by those members of the macaroni
industry who have assented to, and are complying with, this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the macaroni industry in their
relations to each other or with other industries and to recommend
to the Administrator measures for industrial planning, including
stabilization of employment.
(i) T\nienever the Code Authority has reason to believe that
any person is violating any of the provisions of this Code, it may
investigate whether such violation is occurring and may call upon
members of the industry whose transactions are under investigation,
to furnish sworn statements of the facts concerning any specific
alleged violation. If necessary, after due investigation, and upon
authority granted by the Administrator, the Code Authority may
employ a Certified Public Accountant or an accountant having the
equivalent in Cjualifications and ability of a Certified Public Ac-
countant to examine, during usual business hours, the books and
records of any members of the industry whose practices are under
investigation. Instructions to the accountant, pursuant to authority
granted by the Administrator, must specifically set forth the mat-
ter upon which report to the Code Authorit}' is required, and sj^ecify
that said accountant shall not reveal to the Code Authority or any
person, any other matter disclosed by said examination. If, in
the opinion of the Code Authority, the alleged violation exists and
is not immediately corrected, the record of the case and all the
accumvdated evidence shall be sent to the Administrator with recom-
mendations for prosecution under the Act.
(j) To require members of the industry to use accounting systems
which shall conform to the principles of and are at least as detailed
and complete as the standard and uniform method of accounting to
be formulated by the Code Authority subject to the approval of the
Administrator, with such variations therefrom as may be required
by the individual conditions affecting anj- member of the industry
as may be approved by the Code Authority.
532
(k) To establish proper facilities including laboratory facilities
for the enforcement of this Code, which shall be placed at the
disposal of the Administrator at all times.
Article VII — Unfair Methods of Competition
The following practices constitute unfair methods of competition
and are prohibited :
Section 1. False Adverflshif/. — To publish or disseminate in any
manner any false advertisement of any macaroni product. An ad-
vertisement shall be deemed to be false if it is untrue in any par-
ticular.
Sec. 2. Mishranding. — To sell or otherwise introduce into com-
merce any macaroni product that is misbranded. A macaroni
product shall be deemed to be misbranded if it fails to conform to
the following standards and requirements :
(a) Standards of Identify. — If it purports to be or is represented
as a macaroni product for which a definition of identity has been
prescribed by this Code and fails to comply therewith.
(b) Standards of Quality. — If it purports to be or is represented
as a macaroni product for which standards of quality have been
prescribed by this Code, and (1) fails to state on the label, if so
required by the regulations prescribed by this Code, its standard of
quality in terms as such regulations specify, or (2) falls below the
standard stated on the label.
(c) Lahel Requirements. — 1. If in package form including the
original bulk goods package, and it fails to bear a label containing
(la) the net weight of the contents of the package, (lb) the name of
the product (macaroni, spaghetti, etc.), (Ic) the name and address
of the manufacturer or distributor, and in the event the manufac-
turer is not the distributor, an appropriate identifying mark of the
manufacturer shall appear on the shipping container.
2. Commencing on the effective date of this Code, except as
provided in Article VII, Section 3 (c), if its label fails to bear a
true statement of the names of the farinaceous ingredients used in
order of predominance by weight.
3. If any Avord, statement, or other information required on the
label to avoid misbranding under any provision of this section, is
not prominently placed thereon in such a manner as to be easily
seen and in such terms as to be readily intelligible to the purchasers
and users of such articles under customary conditions of purchase
and use.
Sec. 3. Standards. — To manufacture or sell, or otherwise introduce
into commerce any macaroni product in violation of the provisions
that :
(a) Macaroni products made from semolina, or durum wheat flour
containing more than 0.75% ash, exclusive of salt, shall bear a
statement on the principal label as follows: " This product is below
standard but not illegal."
(b) Macaroni products made from farina or hard wheat flour
other than durum containing more than 0.48% ash, exclusive of
salt, shall bear a statement on the principal label as follows : " This
product is below standard but not illegal."
533
(c) Macaroni products except water noodles or noodles (egg,
noodles) made from semolina, farina, flour, or mixtures thereof,
shall bear a true statement of the names of the farinaceous ingre-
dients used, except that all labels, wrappers, cartons, or other printed
packaging materials on hand or in stock on the effective date of this
Code will be exempt from this provision, provided that the manu-
facturer files with the Code Authority within ten (10) days from
the effective date a complete certified inventory of such supplies,
with subsequent inventories every sixty (60) days; and further pro-
vided that such labels, wrappers, cartons, or other printed packaging
materials do not bear statements which are false or misleading; and
further provided that the names of the farinaceous ingredients
appear on the shipping containers.
(d) Macaroni products in the form of noodles shall contain not
less than 5,5 percent of egg or egg yolk solids by weight on a dry
basis.
(e) No macaroni product shall contain any added ingredients ex-
cept as specified under the standards, provided, however, that no
wholesome food ingredient is excluded, if its presence is declared on
the label in such manner as may be prescribed by the Code Authority.
(f) Macaroni products shall not be packed for sale in colored
wrappers or containers which give the product the appearance of
containing more egg yolk solids than are present in the product.
(g) No artificial color or any other substance shall be used which
imparts to a macaroni product a shade of yellow color which makes
the product appear to contain more egg yolk solids than are present
in such product.
Sec. 4. The submission to the Code Authority of false or mis-
leading reports or representations by a member of the industry or
his representatives, with knowledge that such reports are false, mis-
leading, or a misrepresentation, with respect to hours of labor, em-
ployment conditions, wages paid, raw materials used, capacity, pro-
duction, sales, orders, or shipments, or an}'^ other information needed
to accomplish the objectives of the Code, except that nothing in this
paragraph shall require any member of the industry to disclose any
trade secret or formulae or process except as required by the Pure
Food Laws. Nothing herein shall be construed to prevent the
Administrator, or his official representatives from securing any in-
formation which may be necessary to the investigation of a specified
alleged violation of this Code. Such information to be kept con-
fidential bj' the Administrator or his representatives, except where
it may be necessary to disclose such information in the prosecution
of an alleged offender.
Sec. 5. /Sales Below Cost. — No member of the industry shall sell
below a fair and reasonable cost, except that any member may sell
below his individual cost to meet the price of a competitor which is
not in violation of this Code. If, in the opinion of the Code Author-
ity, any price list indicates sales below such cost which would prevent
in this industry the effectuation of the declared policy of the Act,
the Code Authority shall so notify the member whose price list is
under investigation. If, after due notice and hearing in such manner
as the Code Authority ma}' prescribe, the Code Authority shall find
that any such member has engaged in selling below a fair and
534
reasonable cost, it shall notify the Administrator, who shall approve
or disapprove such finding.
(a) For the determination of the above clause, the elements of
cost which enter into the determination of a fair and reasonable
cost shall forthwith be developed by the Code Authority for the
approval of the Administrator, and when approved by the Adminis-
trator, shall be made known to all members of the Industry. Pro-
vided, however, that until such time as the fair and reasonable cost
basis is approved and made known to the members, any sales made
at prices filed to conform with the open price provisions of this
Code shall not be declared in violation of this Code except that
nothing herein shall deprive the Administrator of the right at any
time to order withdrawal of any price which he shall decide is below
a fair and reasonable cost.
Sec. 6. Open Prices. — No member of the industry shall sell any
macaroni product to a trade buyer except on the basis of an open
price which is strictly adhered to, while effective. The term " open
price " as used in this section means a price list which declares all
of the member's prevailing prices, allowances, and terms of sale for
his macaroni products.
(a) Each member of the industry shall file his price list with the
Code Authority within ten (10) days after the effective date of this
Code, and any member desiring to change his price list shall file a
revised price list with the Code Authority which shall become ef-
fective not less than five (5) days after and exclusive of the date of
filing thereof, Sundays and holidays excluded.
(b) Price lists shall be available to all members of the industry,
to the Administrator, and to all trade buyers in the same competitive
market. The term " trade buyer " as used herein means any com-
mercial buyer as distinguished from an ultimate consumer buyer.
(c) The Code Authority shall not veto nor modify any price list.
(d) No member of the industry shall make any direct or indirect
price concession to a trade buyer. The term " direct or indirect
price concession " means any variation from the member's open price,
whether by means of rebate, allowance, payment, free deal, gift, or
by any other means whatsoever.
(e) No member of the industry shall knowingly permit his agent
or sales representative to make a price concession prohibited by this
section, whether by gift or allowance of any part of his compensa-
tion, or by any other means whatsoever.
_(f) No member of the industry shall offer or make a quantity
price unless it is based upon and reasonably measured by a substantial
difference in the quantity sold and delivered.
(g) No member of the industry shall allow a discount for cash
which is not earned by payment in accordance with the cash discount
terms specified in his open price list. "^
Sec. 7. Unearned Service Payment. — No member of the industry
Bhall pay a trade buyer for a special advertising or other distribution
service by such buyer (a) except in pursuance of a written contract
made in good faith and explicitly defining the service to be rendered
and the payment for it; and (b) unless such service is rendered and
* See paragraph 2 of order approving this Code.
535
such payment is reasonable and not excessive in amount; and (c)
unless such contract is separate and distinct from any sales contract
and such payment is separate and distinct from any sales price and is
not designed or used to reduce a sales price; and (d) unless such
payment is equally available to all competitive trade buyers who are
members of the same distribution class as to service required from
the seller and/or rendered by the trade buyer; and (e) unless a copy
of each such contract is retained on file for a period of one year. In
order to investigate an alleged violation of this Code, the Adminis-
trator may require a member of the industry to report any such
contract made by him and/or to produce a copy thereof for
inspection.
Sec. 8. Prizes and Premiums. — No member of the industry shall
offer any prize or premiums or gift in pursuance of a plan which
involves fraud or deception or lottery, or which is an indirect price
concession.
Sec. 9. Credit for Spoils. — Giving credit for spoiled bulk mac-
aroni products after thirty (30) days from date of shipment.
Sec. 10. Shifting on Consignment. — No member shall ship mac-
aroni products to any customer, dealer, or agent of a customer, upon
consignment.
Sec. 11. Unfair Suhstitution. — No member of the industry shall
substitute without due notice and consent of a trade buyer another
product for that ordered from him.
Sec. 12. Commercial Bribery.— ^o member of the industry shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agent or
the represented party without the knowledge of such employer, prin-
cipal or party. This provision shall not be construed to prohibit
free and general distribution of articles commonly used for adver-
tising except so far as such articles are actually used for commercial
briber^' as hereinabove defined.
Sec. 13. Interference with Comiyetitor^ Business. — No member of
the industry shall interfere with a competitor's business, by uttering
false statements about his business or by disparaging his business or
products or by inducing a breach of his contracts.
Sec. 14 Imitation. — No member of the industry shall imitate the
trade marks, trade names, slogans, or other marks of identification
of competitors, having the tendency and capacity to mislead or de-
ceive purchasers or prospective purchasers, and the tendency to in-
juriously affect the business of such competitors.
Sec. 15. Unsanitary Conditions. — No member of the industry
shall keep his plant or premises in an unsanitary condition in viola-
tion of local ordinances. State laws, or Federal regulations.
Sec. 16. Violence, Intimidation or Utd awful Coercion. — (a) Any
use of violence to persons or property, intimidation, or unlawful
coercion, by a member of the industry against a member of the
industry.
536
(b) Any threat by a member of the industry to use such violence,
intimidation, or unlawful coercion.
(c) Any conspiracy among members of the industry, or among
members of the industry and others, to use or to threaten to use such
violence, intimidation, or unlawful coercion.
(d) Any combining or cooperating by a member of the industry
with any one who is using or threatening to use such violence,
intimidation, or coercion,
Seo. 17. G oordination with Other Codes. — The Macaroni Indus-
try, recognizing the value of uniform basic trade practice provisions
for all food and grocery manufacturing codes, pledges cooperation
in securing the amendment of any trade practice provisions in this
Code which may be in conflict with trade practice provisions ap-
proved by the President or suggested by the Administrator for the
entire food and grocery manufacturing industry.
Article VIII — Regional Groups
Section 1. As soon as is practicable after this Code becomes effec-
tive, the Code Authority may divide the United States into geo-
graphical subdivisions for administrative purposes, to be known as
" Regional Groups ", such regional groups to be defined and organ-
ized according to a plan to be submitted to the Administrator and
subject to the approval of the Administrator.
Article IX — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under said Act.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modifications to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on approval of the President.
(a) Notliing in this section shall be construed to deprive any
member of the industry of his rights to petition the Administrator
with regard to amendments or any other matter, provided such
petition is first submitted to the Code Authority and is not for-
warded to the Administrator by it.
(b) Whenever any dispute may arise under this Code as to the
construction and meaning of any portion thereof, the Code Author-
ity may issue such interpretations as may be necessary to effectuate
the operation of and compliance with the policy of the Act, subject
at all times to the approval of the Administrator and after approval
by Administrator such interpretation shall have the same force and
effect as if it were a provision of the Code.
537
Article X — Monopolies
Section 1. No provision of this Code shall be so applied as to
permit monopolies or monopolistic practices, or to eliminate, oppress,
or discriminate against small enterprises.
Article XI — ErFECTi\TE Date
Section 1. This Code shall become effective on the date specified
in Order of Approval.
Approved Code No. 234.
Registry No. 12^-01.
o
Approved Code No. 235
CODE OF FAIR COMPETITION
FOR THE
TEXTILE PROCESSING INDUSTRY
As Approved on January 30, 1934
ORDER
Approving Code of Fair Competition
FOR THE
TEXTILE PROCESSING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Textile Processing Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
directed to the President :
XOW. THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent proA-isions and will promote the policy and purposes of said
Title of said Act ; and do hereby order that said Code of Fair Com-
petition be and it is hereb}?^ approved.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval Recommended :
A. D. Whiteside,
Di v is ion A dvvin is trat or.
Washington, D.C,
January 30, 193 Jf.
32792° 313-72 34 (539)
The President,
The White House.
Sir:
introduction
This is a report on the hearing of the Code of Fair Competition
for the Textile Processing Industry.
The hearing was conducted in accordance with the provisions of
the National Industrial Recovery Act, in the Rose Room of the
Washington Hotel in Washington, D.C., on November 15, 1933.
Every person who filed a request for an appearance was freely heard
in public and all statutory and regulatory requirements were com-
plied with.
The Code which is attached Avas presented by duly qualified and
authorized re^Dresentatives of the above industry, complying with the
statutory requirements, as representing 83.G percent of the industry.
EVIDENCE SUBMITTED
The industry consists of 208 firms with an invested capital of ap-
proximately $31,750,000. The volume of business for 1932 was $25,-
000,000 as compared with an average for the past five years of ap-
proximately $39,000,000. It is estimated that the pay roll for 1932
was $8,800,000 compared with an average pay roll of '$13,000,000 for
the past five. years. There were 7,758 employees on the pay roll on
May 1, 1933. The estimated average number of employees during
1929 was 10,458. The industiy is made up of a large number of
small concerns and not dominated b}' a few outstanding establish-
ments.
RESUME OF PROVISIONS OF THE CODE
The Code provides for a minimum wage of $13.00 per week for
forty hours of labor for employees for cotton and rayon yarn pro-
cessing and $14.00 for 40 hours of labor for all other processing. For
employees in the South the mininuun rate of pay may be lovrer than
the above by not to exceed two and one half cents per hour. "With
respect to commission dyeing and/or finishing of hosiery provision
is made that the minimum wage for 40 hours of labor for each class
of worker shall be that provided in this Code, or that provided in
Sections 1 and 2 of Article V of the Code of Fair Competition for
the Hosiery Industry, whichever, in any case, may be higher. • Cer-
tain emplo3^ees receiving $35.00 or more per week are excepted from
the maximum of forty hours i)er Aveek. Watchmen are limited to
5G hours per week. Provisions liave been nuide to prevent the
reduction of wages for the shorter weeks.
(540)
541
FIXniNGS
Tho Deputy Administrator in his final report to me on said Code
havini^ found as herein set forth and on the basis of all the proceed-
in<2:s in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
]joses of Title I of the National Industrial Recovery Act, includ-
ing removal of obstructions to the free fiow of inter-state and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervi-
sion, by eliminating unfair competitive practices, by promoting the
fullest possible utihzation of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects Avith the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
January 30, 1934.
CODE OF FAIR COMPETITION
FOR THE
TEXTILE PROCESSING INDUSTRY
To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Code of Fair
Competition for the Textile Processing Industry and shall be bind-
ing upon every member thereof.
Article I — Definitions
1. The term " Textile Processing Industry " or " Industry " as used
lierein means and includes the folloAving:
(a) The commission bleaching and/or dyeing of cotton and wool
raAv stock and worsted tops;
(b) The commission scouring, dyeing, bleaching, and/or other
processing of yarns made of wool and/or other animal fibres (not
including silk), wool, and/or other animal fibres (not including silk)
in combination with other fibres, cotton, rayon, and/or other syn-
thetic fibres or combinations thereof ; but shall not include the com-
mission scouring, d3'eing, bleaching, and/or other processing of
yarns made of rayon and/or other synthetic fibres or combinations
thereof by persons who are members of the Institute of Dyers and
Printers, but such persons, as to such rayon yarn processing, shall be
governed as to com])etitive practices by any code of fair practice
to be approved for this industry;
(c) The commission dyeing andy'or finishing of knitted textile
fabrics ;
(d) The commission dyeing and/or finishing of hosiery; provided,
however, that any member of the Industry engaged in such dyeing
and/or finishing of hosiery, whether for his own account or for the
account of another, shall also be governed by Article VIII of the
Code of Fair Competition for the Hosiery Industry as to the
merchandising and/or marking of hosiery;
(e) The commission mercerizing of cotton yarns;
(f) The commission winding, warping, slashing, and/or beaming
of yarns made of cotton, wool, rayon, and/or other synthetic fibres
or combinations thereof;
(g) The commission dyeing and/or finishing of woolen and/or
Avorsted woven fabrics;
(h) The commission glazing of cotton yarns and/or sewing thread
and/or twine;
(i) The novelty or fancy twisting of yarns of two or more ends
made of wool and/or other animal fibres, rayon, and/or other syn-
thetic fibres, and/or combinations thereof with other yarns, pro-
(542)
543
duced on twisting frames having two or more lines of controlled
rollers, including the primary distribution thereof; but shall not
include such novelty or fancy twisting of yarns as described herein
made by persons who are niembers of the National Association of
Wool Manufacturers, but such persons as to such novelty or fancy
twisting of 3'arns as described herein shall be governed as to com-
petitive practices by the supplementary codes of fair practice to be
apjjroved for this Industry ;
(j) The dyeing, glazing, converting, and primary distribution of
glazed cotton j^arns, not including sewing thread and/or twine ;
(k) The processing and primary distribution of dyed and/or con-
verted sales yarns made of rayon and /or other synthetic fibres, not
including such yarns, natural or bleached, singles, with seven turns
twist to the inch or less put up in skeins, spools, tubes, and/or cones ;
(1) The scouring, dyeing ancl/or bleaching of sales yarns made
of cotton, wool and/or other animal fibres (not including silk) when
so processed as yarns; provided, however, that provisions in this
code governing labor and plant operations shall not appl}^ to the
processing of such sales yarns by spinners thereof. The term " sales
yarns " as used herein shall mean yarns produced for sale to others
as distinguished from yarns produced for conversion, by the pro-
ducers thereof, into fabrics and/or garments.
2. The term " Guild " as used herein means the National Textile
Processors Guild, Inc.. a membership corporation organized under
the laws of the State of New York.
3. The term " Code Authority " as used herein means the Textile
Processing Code Authority as designated in Article III of this Code.
4. The term "Act " as used herein means the National Industrial
Recovery Act approved by the President of the United States June
16th, 1933.
5. The term '* employee " as used herein includes anyone engaged
in the Industry in any capacity receiving compensation for his
services irrespective of the nature or method of payment of such
compensation.
6. The term " employer " as used herein includes anyone by whom
such employee is compensated or employed.
7. The term "Administrator " as used herein means the Adminis-
trator for Industrial Recovery duly appointed under the Act.
8. The term " South " as used herein means the territory of the
following States: Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina,
Tennessee, Texas, Virginia, and West Virginia.
Article II — Labor Provisions
1. Maximum Iloia's. — Employees shall not be permitted to work
in excess of forty hours per week, subject to the flexible provision
that because of the exigencies of the Industry it may be necessary
to work employees more than forty hours per week on occasion, pro-
vided that no such employee shall work more than an average of
forty hours per w^eek during any twelve months and, provided
further that no such emplo3'ee shall be permitted to work in excess
of forty hours for more than twenty ^^•eeks during any twelve months
544
and not more than forty-eight-hours in any one week. Supervisors,
receiving and ship])ing crews and truckmen may be employed with
a tolerance of four hours in excess of the standard maximum hours
stated herein. Firemen and watchmen may be employed up to fifty-
six hours per week.
These restrictions do not apply to executives, supervisory, labora-
tory and office employees, engineers, and electricians who receive $35
or more per week (but such employees who receive less than $35 per
week shall be subject to the maximum hours provided herein), nor
outside sales employees.
The hours in each week during which any employee shall have
Avorked in other establishments or in other industries, shall be in-
cluded in the total number of hours such employee is permitted to
work imder this Code.
2. Minimum Wage. — (a) No employee shall be paid for cotton
and rayon yarn processing less than thirty-two and one half cents per
hour or thirteen dollars for forty hours of labor; and for all pro-
cessing less than thirty-five cents per hour or fourteen dollars for
forty hours of labor; provided, however, with respect to commission
dyeing and/or finishing of hosiery, that the minimum wage for forty
hours of labor for each class of worker shall be that provided in
this paragraph, or that provided in Sections 1 and 2 of Article V
of the Code of Fair Competition for the Hosiery Industry, which-
ever, in any case, may be higher.
Employees in the South may be paid not more than two and one
half cents per hour less than the minimum rates prescribed in the
foregoing paragraph.
The provisions for a minimum wage in this Code shall establish a
guaranteed minimum rate of pay per hour of employment, regardless
of whether the employees' compensation is otherwise based on a
time rate or piecework performance.
(b) No employee shall receive for forty hours of labor less com-
pensation than he received or would have received as of May 1st,
1933, for not exceeding fifty-two hours per week, and the wage differ-
entials for all operations shall be equitably readjusted.
Within thirty (30) days after the effective date every member of
the industry shall report to the Code Authority action taken by him
with respect to adjustment of wages above the minimum.
3. Minors. — No employee under sixteen years of age shall be em-
ployed in the Industry and no employee under eighteen years of age
shall be employed in any wet processing operation.
4. Machine Hours. — Cone winding machines, reels, through tube
cop machines and parallel tube winding machines used in the produc-
tion of cotton mercerized yarn only shall be subject to the limitation
of hours of operation provided for similar machinery in the Code
of Fair Competition for the Cotton Textile Industry.
5. Employees shall have the right to organize and bargain col-
lectively 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 nnitual aid or protection.
6. No employee and no one seeking employment shall be required
545
as a condition of employment to join any company nnion or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing.
7. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
8. Within each State, members of the Industry shall comply with
any State laws, imposing more stringent requirements regulating
licensing, the age, wages, or hours of labor of employees, than under
this Code.
9. Redass'ificatimi of Employees. — No employer shall reclassify
employees or duties of occupation performed or engage in any other
subterfuge for the purpose of defeating the purposes or provisions
of the Act or of this code.
Article III — Administration
1. (a) To effectuate further the policies of the Act, a Textile
Processing Code Authority is hereby designated to cooperate with
the Administrator as a Planning and Fair Practice Agency for the
Industry. This Code Authority shall consist of seven representa-
tives of the Industry elected by a fair method of selection, to be
approved by the Administrator, and up to three members, without
vote and without cost to the Industry, appointed by the Adminis-
trator. Such agency may from time to time present to the Admin-
istrator recommendations based on conditions in the Industry as
they may develop which will tend to effectuate the operation of the
provisions of this Code and the policy of the Act ; such recommenda-
tions when approved by the Administrator shall have the same force
and effect as any other provision of this Code.
(b) Such agency is also set up to cooperate with the Adminis-
trator in making investigations as to the functioning and observance
of any provisions of this Code, at its own instance or on complaint
by any person affected, and to report the same to the Administrator.
(c) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, he may require an appropri-
ate modification in the method of selection oi the Code Authority.
(d) It sliall be the duty of the Code Authority for this Industry
to designate representatives to act on a joint connnittee with repre-
sentatives of any other Code Authority of a related industry having
reciprocal provisions in its code to consider questions regarded by
either Code Authority as of common concern with reference to the
effectuation of the policies of the Act (including questions as to
whether the operations of a given concern come within the jurisdic-
tion of one or the other of the respective Codes), and to take such
action as they may jointly agree to be appropriate subject to the veto
of the Administrator.
546
(e) With a view to keeping the President informed as to the
observance or nonobservancc of this Code of Fair Competition and
as to whether the Industry is taking appropriate steps to effectuate
the dechired policy of tiie Act, each member of the Industry will
furnish duly certified reports in such form as the Code Authority
may require to the Code Authority hereinbefore provided, or to
such agency or agencies as the Code Authority may designate. These
reports shall contain such information as the Code Authority may
i-equire, subject to the approval of the Administrator. Such reports
shall be deemed confidential and shall not be divulged except as
part of general statistics for the Industry or a general part thereof,
except where a violation of the Code is suspected.
(f) Every member of the Industry shall furnish to any govern-
ment agency or agencies designated by the Administrator such sta-
tistical information as the Administrator may, from time to time,
deem necessary for the purpose recited in Section 3 (a) of the Na-
tional Industrial Recovery Act, and any reports and other informa-
tion collected and compiled by a Code Authority as heretofore pro-
vided shall be transmitted to such government agencies as the
Administrator may direct.
2. All employers engaged in the Industry and coming under the
operation of this Code shall bear their proportionate share of the
expense of administrating this Code of Fair Competition.
The reasonable share of the expenses of administration shall be
determined by the Code Authority, subject to review by the Adminis-
trator, on the basis of volume of business and/or such other factors
as may be deemed equitable to be taken into consideration. These
funds shall be paid to the Code Authority or its duly constituted
agency for that purpose.
3. If the Administrator shall determine that any action of a code
authority or any agency thereof is unfair or unjust or contrary to
the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty days to afford
an opportunity for investigation of the merits of such action and
further consideration by such code authority or agency pending final
action, which shill be taken only upon approval by the Administrator.
Article IV — General Provisions
1. No provision of this Code shall be permitted to operate in such
manner as to promote monopolies or monopolistic practices or to
eliminate or oppress small enterprises or to discriminate against
them.
2. The labor provisions of this Code and of other applicable Codes
shall be posted in each plant in the Industry, as directed by the Code
Authority,
3. This Code and all the provisions thereof are expressly made
subject to the right of the President in accordance with the provi-
sions of Section 10 (b) of the Act from time to time to cancel or
modify any order, approval, license, rule, or regulation, issued under
Title I of said Act, and specifically to the right of the President to
cancel or modify his approval of this Code or any conditions imposed
by him upon his approval thereof.
547
4. Such of the provisions of this Code as are not required to be
inchided therein by the Act may, with the approval of the Adminis-
trator, be modified or eliminated as changes in circumstances or
experience may indicate. It is contemplated that from time to time
supplementary provisions to this Code or additional codes will be
submitted for the approval of the Administrator to prevent unfair
competition in i^rice and other unfair and destructive competitive
practices and to effectuate the other purposes and policies of Title I
of the Act consistent with the provisions hereof.
Article V — Effective Date
This Code shall become effective the first Monday after date.
Approved Code No. 235.
Registi-y No. 299-1-13.
o
Approved Code No. 236
CODE OF FAIR COMPETITION
FOR THE
COOKING AND HEATING APPLIANCE
MANUFACTURING INDUSTRY
As Approved on January 30, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
COOKING AND HEATING APPLIANCE
MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Cooking and Heating Appliance Manu-
facturing Industry, and hearings having been duly held thereon and
the annexed report on said Code, containing findings with respect
thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by "Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise ; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved; provided, how-
ever, that the provisions of Article VIII, (Section 2), insofar as
they prescribe a waiting period between the filing with the Code
Authority and the effective date of revised price lists or revised
36708° 313-154 34 (549)
550
terms and conditions of sale be and they are hereby stayed pending
my further Order either within a period of sixty days from the effec-
tive date of this Code or after the completion of a study of open
price associations now being conducted b}'^ the National Recovery
Administration.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval Recommended :
W. A. Harriman,
Divis ion A dmini^ t rat or.
Washington, D.C,
January 30,193J^
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the
Cooking and Heating Appliance Manufacturing Industry, and on
the hearing conducted thereon in Washington, D.C., on October
25, 1933, in accordance with the provisions of the National Industrial
Recovery Act.
pro\t:sions regarding hours and wages
Employees are permitted to work forty (40) hours per week and
eight (8) hours per day and, during ten (10) weeks during a twelve
(12) months' period, they are permitted to work forty-eight (48)
hours per week.
Exceptions are provided that permit longer hours for watchmen,
shipping crews, foundry service men, office employees during inven-
tory periods, executives and supervisory employees receiving more
than $35.00 per week, and outside demonstrators, service crews, and
salesmen and for all workers during emergencies. The wage rate
for hours worked overtime shall be one and one half the normal rate.
The minimum rate of pay shall be forty (40) cents per hour for
male workers and thirty-live (35) cents per hour for female workers,
excepting the States of Virginia, West Virginia, Kentucky, Ten-
nessee, North Carolina, South Carolina, Georgia, Florida, Alabama,
Mississippi, and Louisiana, where the minimum rate shall be twenty-
seven ancl one half (27l^) cents per hour. Female employees doing
substantially the same work as male employees shall receive the
same wage.
The minimum rate for office workers shall be $15.00 per week
in cities of over 500,000 population with lesser rates for smaller
cities with the limit of $12.00 per week in towns of less than 2,500
population. Office hoys and girls, incapacitated employees, and
learners, shall be paid not less than eighty (80) percent of the
minimum wage, but the number of such employees is limited.
The wage rates of those receiving more than the minimum rates
are to be adjusted equitably and in no case shall the rates be de-
creased. No employees are to be reclassified so as to defeat the
purpose of the Act.
Persons under sixteen (16) years of age shall not be employed and
none under eighteen (18) years at hazardous occupations.
PROVISIONS FOR SUPPLEMENTAL CODES
It is provided that subdivisions of the industry may formulate
supplementar}^ codes but the employment provisions shall conform
with this basic code.
(551)
552
ECONOMIC AND STATISTICAL MATERIAL
The industry is widely distributed over the country although it is
estimated that three fourths of it is located in the Northern wage
district and one fourth in the Southern Avage district.
The industry has furnished statistical information showing that
in June 1933 wage rates for common labor had been reduced twelve
(12) cents per hour in both the Northern and Southern districts,
from forty-six (46) cents and twenty-seven (27) cents per hour re-
spectively, from the wage rates of 1929. Under the code, one half
of the reduction in the Northern wage district will be regained and
the increase in the Southern wage district will more than compensate
the reduction.
There are no data on the number of workers employed prior to
June 1933, but it is estimated that under the code employment will
be increased from 14,000 to 15,500, an improvement of ten percent.
It is also estimated that the Aveekly pay roll of the industry will
increase sixteen percent under the code.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter :
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recover}^ Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management,
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agi'icul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees ; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Industry;
and that said group imposes no inequitable restrictions on admission
to membership therein.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
553
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code,
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
Ad'tninistrator,
January 30, 1934.
CODE OF FAIR COMPETITION
FOR THE
COOKING AND HEATING APPLIANCE MANUFACTURING
INDUSTRY
ArTICI.E I PlTRPOSES
To effectuate the policies of Title I of the National Industrial
EecoA'ery Act, this Code is submitted as a Code of Fair Competi-
tion for the Cooking and Heating Appliance Manufacturing
Industry, and upon approval by the President, its provisions shall
be the standards of fair competition for such industry and shall be
binding upon every member thereof.
Article II — Definitions
1. The term Cooking and Heating Appliance Manufacturing In-
dustry as used herein includes the manufacture and sale of all designs
of cooking and heating stoves and ranges and parts thereof, using
coal and wood or combinations of various fuels.
2. The term '' ^lember of the Industry " includes, ])ut without
limitation, any individual, partnership, association, corporation, or
other form of enterprise engaged in the industry, either as an em-
i:)loyer or on his or its own behalf.
3. The term "" employee " as used herein includes any and all
persons engaged in the industry, however compensated, except a
Member of the Industry.
4. The terms "President", "Act", and "Administrator" as used
herein respectively mean, the President of the United States, the
National Industrial Recovery Act and the Administrator for In-
dustrial Recovery.
5. *' Population " for the purposes of this code shall be determined
by reference to the latest Federal census.
Article III — Hours
1. Maxivnim Hovn^. — Xo employee shall be permitted to work in
excess of forty (40) hours in any one week or eight (8) hours in
any twenty-four (24) hour period, except as herein otherwise pro-
vided, but with the right to work a nuixinuun of forty-eight (48)
hours per Aveek for any ten (10) weeks during a twelve (12) months
period.
(5;-i4)
555
2. Exceptions as to Hon is. — (a) Provided, however, that em-
ployees working on emergency maintenance or emergency repair
work involving breakdown or protection of life or property may
work ten percent (10%) additional hours.
(b) Provided further, that shipping crews and foundry service
men whose duties are servicing the cupola and changing flasks and
patterns for moulders are to have a tolerance of one hour per day,
when necessary.
(c) Outside demonstrators and outside service crews whose trav-
eling expenses are paid by the employer, and outside salesmen, are
exempt from the above hour provisions.
(d) Office employees during the annual inventory period may
work an additional thirty-six hours in any two weeks period at the
discretion of the employer, provided that it shall not exceed three
hours per day.
(e) Watchmen may not w'ork more than fifty-six (56) hours in
ever}^ seven (7) days nor more than six (6) days out of every
seven (7) days.
3. All classes of workers are exempt from the foregoing hour pro-
visions when an emergency arises such as a fire, flood, or cyclone,
or other unpredictable emergencies, which cause operations to cease;
such exemptions may cover the actual number of hours lost as a
result of such emergency.
4. Any employee at the request of the emploj^er may work ad-
ditional hours beyond those specified above, provided such addi-
tional hours are paid for at the rate of time and one half.
5. Executives and their staffs, supervisore, and office employees,
making thirtj^-five dollars ($35.00) per week or more, are exempt
from the maximum hours fixed in this code.
6. No employer shall knowingly permit any employee to work for
any time which, w^hen totallecl with that already performed w-ith
another employer or employers in this industry, exceeds the maximum
permitted herein.
Article IV — Wages
1. No employees shall be paid less than the rate of forty cents (40^)
per hour for male workers and thirty-five cents (35^) per hour for
female workers except employees employed in the States of Virginia,
West Virginia, Kentuckj', Tennessee, North Carolina, South Caro-
lina, Georgia, Florida, Alabama, Mississippi, and Louisiana, who
shall be paid not less than twenty-seven and one half cents (271/2^)
per hour for male and female woi'kers.
2. Provided that office workers shall not be paid less than $15.00
per week in any city of over 500,000 population, or in the immediate
trade area of such city; nor less than $14.50 in any city of between
250,000 and 500,000 population, or in the immediate trade area of
such city ; nor less than $14.00 per week in any city of between 2,500,
and 250,000 population, or in the immediate trade area of such city;
nor less than $12.00 per week in towns of less than 2,500 population,
except that office boys, girls, and messengers shall not be paid less
than eighty per cent (80% ) of the minimum rate specified herein.
The number of office boys, girls, and messengers shall not exceed
one for ever}^ ten office employees.
556
3. Provided, further, that learners and superannuated or 'physi-
cally incapacitated employees shall not exceed in any calendar month
five percent (5%) of the total number of employees and shall be
paid at least eightj^ percent (80%) of the minimum wage. A
learner shall be defined as one who has had no previous experience
in the class of work for which he is employed and may be so classed
for one period of ninety (90) days.
4. This article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
5. The hourly wage rates, base piecework rates, or salaries of em-
ployees receiving more than the minimum rates herein prescribed
shall be equitably adjusted, if this has not already been done, and in
no case shall the rates be decreased. Action taken shall be reported
to the Code Authority not later than fifteen (15) days after the
effective date of this Code and to the Administrator at his request.
Article V — State Law Requirements
Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements than those under
this Code with reference to regulating the age of employees, wages,
hours of work, fire, or general working conditions.
Article VI — General Labor Provisions
1. Employers shall not employ or permit to be emploj^ed any
person under the age of sixteen (16) years, provided that no person
under the age of eighteen (18) years shall be employed in a hazardous
occupation. The Code Authority shall report within ninety (90)
days such hazardous occupations to the Administrator.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall be
free from 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.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization
of his own choosing.
4. Employers shall comply Avith the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President for this industry in its approved code.
5. The Code Authority shall require that the pay rolls of all
employers of the industry contain the names of all employees, show-
ing the number of hours and compensation paid therefor, regardless
of whether the wages of any employee be paid by the employer or
by another employee for services rendered in connection with the
task or production of another employee or employees.
6. No employer shall reclassify employees or duties or occupations
of employees for the purpose of defeating the purposes or provisions
of the Act.
557
7. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
8. All employers shall post copies of the labor provisions of this
code in a conspicuous place accessible to employees.
AuTioLE VII — Orgaxization, Powers, and Duties of the Code
Authority
1. Orgamzatian and C anstitution. — There shall forthwith be con-
stituted a Code Authority consisting of three (3) members of the
Board of Trustees of the Institute of Cooking and Heating Appli-
ance Manufacturers, Inc., who shall be elected by said Board.
2. In addition to membership as above provided, there may be from
one to three members without vote, to be appointed by the Admin-
istrator, to serve for a term of from six months to one year from
the date of appointment.
3. The Institute of Cooking and Heating Appliance Manufac-
turers, Inc., shall (1) impose no inequitable restrictions on member-
ship, and (2) submit to the Administrator true copies of its articles
of incorporation, bylaws, regulations, and any amendments when
made thereto, together with such other information as to member-
ship, organization, and activities as the Administrator may deem
necessary to effectuate the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the industry and in other respects with the provi-
sions of the Act, the Administrator may prescribe such hearings as
he may deem proper • and thereafter, if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
5. Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this code and sustaining
their reasonable share of the expenses of formulating, putting into
effect, and administering this code. Such reasonable share of the
expenses of formulating, putting into effect, and administering this
code shall be determined by the Code Authority subject to disap-
proval by the Administrator, on the basis of volume of business
and/or such other facts as may be deemed equitable. Failure of
any employer to pay his proportionate share fixed by the Code Au-
thority will deprive him of his participation in the benefits of the
code but will not remove his obligation to pay his due and unpaid
a.ssessments.
6. Nothing in this code shall constitute the members of the Code
Authority partners for any purpose.
7. Powers ami Duties. — The Code Authority shall have the fol-
lowing further powers and duties, the exercise of which shall be
reported to the Administrator and shall be subject to his right, on
revieAv, to disapprove any action taken by the Code Authority:
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of the
Act.
558
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the code subject to
the approval of the Board of Trustees.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the code and to
provide for submission by members of such information and reports
as the Administrator may deem necessary for the purposes recited
in Section 3 (a) of the Act, which information and reports shall be
submitted by members to such administrative and/or government
agencies as the Administrator may designate ; provided that nothing
in this code shall relieve any member of the industry of any exist-
ing obligations to furnish reports to any government agency. No
individual reports shall be disclosed to any other member of the
industry or any other party except to such governmental agencies
as may be directed by the Administrator.
(d) To use the Institute of Cooking and Heating Appliance Manu-
facturers, Inc., and other agencies as it deems proper for the carry-
ing out of any of its activities provided for herein; provided that
nothing herein shall relieve the Code Authority of its duties or re-
sponsibilities under this code and that the Institute of Cooking and
Heating Appliance Manufacturers, Inc., and other agencies shall at
all times be subject to and comply with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(f) To secure from members of the industry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use
of any N.R.A. insignia solely by those members of the industry
who have assented to, and are complying with, this code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
Article VIII — Costs and Prices
1. No member of the industry shall sell any commodity at a price
below his own allowable cost except that any member of the indus-
try may meet the price competition of any one whose allowable costs
under this provision are lower. Permission to exercise this option
of selling below allowable cost shall be presumed to be granted when
a manufacturer has reported to the Code Authority the fact that
he must sell below cost and shall cite the specific com2:)etition. Al-
lowable cost shall be determined in accordance with the standard
cost principles formulated by the Code Authority with the approval
of the Administrator.
2. Within ten days after the effective date of this code, every mem-
ber of the industry shall file with the confidential agent designated
by the Code Authority his sales prices, discounts, and terms then
in effect; such sales i)rices, discounts, and terms must provide rea-
559
sonable diflPerences for each class of buyer. Every member of the
industry must file with the confidential agent any reductions made
such sales prices, and any changes in discounts, terms, or classifica-
tions, ten days prior to the date on which they become effective.^
Article IX — Trade Practices
The practices and methods set forth in the following paragraphs
in this Article IX are hereby designated as mifair methods of compe-
tition and the indulgence by any member of the industry in any of
the same shall be a violation of this code :
1. Consignment. — Makmg any agreement or contract after the ef-
fective date of this code, the effect of which will amount to the sale
and/or delivery of cooking and heating appliances on consignment
and to discontinue forthwith any consignment arrangements now in
effect.
2. False Billing. — No member of the industry shall knowingly
withhold from or insert in any quotation or invoice any statement
that makes it inaccurate in any material particular.
3. Underselling reported prices^ discounts^ and terms. — Offering
any product of the industry for sale at less than his sales prices, dis-
counts, and terms, as filed with the confidential agent designated by
the Code Authority.
4. Redating. — Allowing terms of payment more liberal than those
stated in the original sales terms of each member of the industry as
filed with the confidential agent designated by the Code Authority.
This applies to deliberate action on the part of a member of the
industry who allows a purchaser to keep goods to be paid for when
sold, and does not apply to a manufacturer who makes an actual
effort to collect on same.
5. Repurchase Agreements. — Selling or offering to sell any mer-
chandise with a repurchase agreement,
6. Allowance for Retm^ned Goods. — Acceptance of returns of obso-
lete goods or overstock from a customer in exchange for new stocks
or other values.
7. Excessive Allowance for Second-hand Goods. — Purchasing or
allowing credit for second-hand merchandise at an amount greater
than its fair wholesale market value, except when merchandise of his
own manufacture is returned because of defect in design or operation.
8. Rehates. — The extension to certain purchasers of advertising
allowances, special services, privileges, or discounts or the payment
or allowance of rebates, refunds, commissions, credits, or unearned
discounts whether in the form of money or otherwise, not extended
to all purchasers on like terms and conditions.
9. Premiums. — Giving premiums in the sale of merchandise. ^
10. False Description. — The false description of an}^ product of the
industry which has the tendency to mislead or deceive customers or
prospective customers, Avhether as to grade, quality, type, origin, size,
capacity, finish, or preparation of any product of the industry, or
otherwise.
11. Commercial Brihrry. — No member of the industry shall give,
permit to be given, or directly offer to give, anything of value for
' See paragraph 2 of order approving this Code.
560
the purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of tlie
employer or such employee, the principal of such agent or the repre-
sented party, without the knowledge of such employer, principal, or
party. Commercial bribery provisions shall not be construed to pro-
hibit free and general distribution of articles commonly used for ad-
vertising except so far as such articles are actually used for commer-
cial bribery as hereinabove defined.
12. Excessive Inducements. — To extend excessive inducements or
entertainment to customers, or prospective customers, which tend to
add unduly to sales costs,
13. Defamation. — The defamation of competitors by falsely im-
puting to them inability to perform contracts, questionable credit
standing, or by other false representation or by the false disparage-
ment of the grade or quality of their goods.
14. Threat of Litigation. — The publishing or circularizing of un-
founded threats of suits for infringement of patents or trade marks
or of any legal proceedings without cause which tend to have the
effect of harassing competitors or intimidating their customers.
15. Misrepresentation or False or Misleading Advertising. — The
making or causing or permitting to be made or published any false,
materially inaccurate or deceptive statement by way of advertising
or otherwise, wdiether concerning the grade, quality, type, origin,
size, capacity, finish, or preparation of any products of the industry,
or the credit terms, values, policies, or services of any member of
the industry, or otherwise, having the tendency and capacity to
mislead or deceive customers or prospective customers.
16. Piracy of Trade Marks and Trade Names. — The imitation of
a trade mark, trade name, slogan, or the other marks of identifica-
tion of competitors having the tendency to mislead or deceive.
17. Imitation of Stoves or Parts. — So long as the maker of any
trade-marked cooking and heating stoves or ranges (or his successor
in business) continues to make and supply repair parts therefor, it
shall be an unfair method of competition for any other person to
make and supply stoves or ranges or parts thereror unless (a) the
name of the maker of such stoves or ranges or repair parts therefor
is plainly marked on each part (or if this is impracticable, on the
package or tag) and unless (b) said stoves or ranges or parts are
otherwise marked, packaged, and sold without imitative labels, and
in such manner as to clearly indicate to the ultimate user that they
are not made by the maker of the original cooking and heating stove
or range.
18. Disposal of Distress Merchandise. — There shall be no disposal
of dropped lines, seconds, excess inventories, or distress merchandise
^except in accordance with the procedure to be outlined by the Code
Authority subject to disapproval by the Administrator for the pro-
tection or the owners and to promote sound and stable business con-
ditions.
19. Interference with Contractual Relations. — Maliciously induc-
ing or attempting to induce the breach of an existing oral or written
contract between a competitor and his customer or source of supply,
or interfering with or obstructing the performance of any such con-
tractual duties or services.
561
20. Splitting Commissions. — Every employer using salesmen who
are compensated Avholly or partially on a commission basis shall by
contract require each such salesman to agree that no part of the
commission earned hy him in connection with the sale of any
product of the cooking and heating appliance manufacturing indus-
try shall be paid or allowed to any purchaser,
21. Excessive AUoivance of Literature. — To furnish literature to
customers without charge, except in modest quantities for distribu-
tion.
Article X — Supplemental Code Option
It is understood that trade groups or groups of manufacturers
representing a substantial part of any specific subdivision of this
industry, may formulate supplementary codes of fair competition
defining specifically the subdivision and covering such regulations as
are considered advisable by them. However, all employment provi-
sions of such supplementary codes shall conform with this basic
code. Such codes when approved by the President shall have tho
same force and effect as this basic code.
Article XI — Modification
1. This code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the Act from time to
time to cancel or modify any order, approval, license, rule or
regulation issued under said Act.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modifications to be based upon application to the Administrator and
such notice and hearing as he shall specify, and to become effective
on approval by the President.
Article XII — Monopolies, Etc.
No provision of this code shall be so applied as to permit monoj)-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XIII — Effective Date
This code shall become effective on the second Monday after itai
approval by the President.
Article XIV — Expiration Date
The expiration date of this code shall be June 16, 1935, or the
earliest date prior thereto on which the President or the Congressj
shall by joint resolution declare that the emergency recognized byj
Title I of the Act has ended.
Approved Ck)(le No. 230.
IlegibtiT No. 1629^1-02.
O
Approved Code No. 237
CODE OF FAIR COMPETITION
FOR THE
ALLOY CASTING INDUSTRY
As Approved on January SO, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
ALLOY CASTING INDUSTRY
All application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June IG, 1933, for approval of a Code of
Fair Competition for the Alloy Casting Industry, and hearings hav-
ing been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and di-
rected to the President :
NOW THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Code of F'air Com-
petition be and it is hereby approved; provided that the continued
participation of the Alloy Casting Association in the Code Authority
after thirty days from the effective date of this Code shall be contin-
gent upon its amending its constitution and by-laws to the satisfac-
tion of the Administrator; and furtlier provided that the provisions
of Article VII, (Section 1), insofar as they prescribe a waiting pe-
riod between the filing with tlu' Code Authority and the effective
date of revised price lists or revised terms and conditions of sale be
36707° 313-155 34 (CtG?,)
564
and they are hereby stayed pending my further Order either witliin a
period of sixtv daj^s from the eifective date of this Code or after tiie
complet;-'^!! of a study of open price associatioris now being con-
ducted by the National Recovery Administration.
Hugh S. Johnson,
xidministrafor for Industrial Recovery.
Approval recommended.
W. A. Harriman,
Division Administrator.
Washington, D.C,
January SO, 1934.
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Alloy Casting Industry as revised after the hearing conducted
thereon in Washington, D.C., on November 2, 1933, in accordance
with the provisions of the National Industrial Recovery Act.
PROVISIONS REGARDING HOURS AND WAGES
This Code provides for a maximum Avork week of forty (40)
hours, with permission for forty-eight (48) hours per week during
peak periods, not to exceed twelve (12) weeks in any year. A
tolerance of ten (10) percent longer hours is provided for repair
Avork employees during emergencies.
Those Avho are exempted from the provision for maximum hours
are managers, executives, and research technicians, receiving more
than thirty-five dollars ($35.00) per week, outside salesmen and
service men and watchmen. The Avatchmen are limited to fifty-six
(56) hours per Aveek.
The minimum Avage rate provided is forty (40) cents per hour,
regardless of the basis upon Avhich Avorkers are compensated. Ex-
ceptions are made for partially incapacitated workers. Office Avork-
ers are to be paid not less than fifteen dollars ($15.00) per AA'eek,
and office boys and girls are to be paid at not less than eighty (80)
percent of the minimum weekly Avage.
Equitable adjustments of wages abo\'e the minimum are provided
for and employers are prohibited from reclassifying employees so
as to defeat the purpose of the Act.
ECONOMIC AND STATISTICAL MATERIAL
The industry is small and comparatiA'ely new. The invested capi-
tal amounts to $4,000,000 and the annual sales volume, calculated
on the rate of operations during NoA'ember, Avas $1,700,000 although
the annual capacitv of the industiT. expressed in dollar volume, is
$16,000,000.
The number of employees in 1929 Avas 900, in 1932 it was 500, in
October 1933, 600, and under the Code it is estimated that 650 per-
sons Avill be emplo3^ed, an increase of about nine (9) percent. It is
estimated that the pay roll of the industry will be increased about
$1,000 per Aveek.
riNDINGS
Tiie Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
(565)
566
I find that—
(a) Said Code is well designed to promote tlie policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and vrill pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including w^ithout limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Indus-
try; and that said group imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code subject to
the following condition : that the continued participation of the
Alloy Casting Association in the Code Authority after thirty days
from the effective date of this Code shall be contingent upon its
amending its constitution and bylaws to the satisfaction of the
Administrator.
Respectfully,
Hugh S. Johnson,
A dmimstrator.
January 30, 1934.
CODE OF FAIR COMPETITION
FOR THE
ALLOY CASTING INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Alloy Casting Industry, which shall be the
standard of fair competition for the industry, and shall be binding
upon every member thereof.
Article I — Definitions
The term " alloy castings '* as used herein includes only castings
containing nickel and/or chromium in excess of 16% and substan-
tially free from copper, zinc, lead, or tin, except that this Code shall
not apply to alloy castings produced and/or sold as a part of the
products, including finished and semifinished parts thereof, of an
owning or affiliated company but not sold in the open market as
rough alloy castings (as distinguished from finished and/or semi-
finished parts) in competition with similar rough castings produced
b}' other manufacturers.
" The term '' affiliated company " means a company whose relations
to another company are such that either one has directly or indi-
rectly more than 50% stock interest in the other, or that a third
company has directly or indirectly more than 50% stock interest
in both.
The term " member of the industry '' as used herein means and
includes any manufacturer of products subject to this code.
The terni^ " association "' as used herein means the Alloy Casting
Association. Inc.. a nonprofit corporation devoted to the betterment
of the industry and the effectuation of the National Industrial
Recovery Act.
The term " employee '' as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his
services irrespective of the nature or method of payment of such
compensation.
The term "" employer " as used herein includes anyone by whom
any such employee is compensated or employed.
Article II — Hours
Section 1. Except as hereinafter stated no employer shall employ
an}'^ employee for more than forty (40) hours in any week, pro-
vided, however, that in order to meet increased demands over which
the emplo5'ers have no control, the said hours of employment may
(567)
568
be increased to meet such contingencies, but in no event shall such
employees work more than a total of forty-eight (48) hours per
week for not to exceed twelve (12) weeks in any year. Repair- work
employees, to the extent required by emergencies may be employed up
to 10% longer hours than other factory employees.
Sec, 2. All employees of every kind and character of every em-
ployer are included In this Article II, except executives, those em-
l^loyed in a managerial or executive or supervisory capacity, or as
research technicians, who receive more than $35 per week, traveling
and outside salesmen, and outside service men, when expenses are
paid by the company; and watchmen, provided that such watchmen
are not employed in excess of 56 hours per week, or six days out of
seven.
Sec. 3. No employer shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another employer or employers, exceeds the maximum permitted
herein.
Sec. 4. The industry recognizes the desirability and accepts the
principle of the eight hour working day for labor and, insofar as
it reasonabl}' can, the industry will endeavor to employ its labor on
that basis.
Article III — Wages
Section 1. No employee of an employer shall be paid less than
forty (40) cents per hour, except as hereinafter provided.
Sec. 2. This article establishes a minimum rate of pay which shall
appW, irrespective of whether an employee is actually compensated
on a time rate, piecework, or other basis.
Sec. 3. No employee engaged in office or clerical work and no
salaried employees shall be paid less than at the rate of $15.00 per
week excepting office or messenger boys or girls who shall be paid at
the rate of not less than 80% of the above minimum salar}^ One
such messenger or office boy or girl may be employed in any office
regardless of the number of employees and additional such messenger
or office boys or girls may be employed not to exceed one to each
twenty other office employees.
Sec. 4. Not later than ninety (90) days after the effective date of
this Code, each employer in the industry shall report to the Admin-
istrator, through the Code Authority hereinafter provided for, the
action taken by such employer in adjusting the hourly wage rates for
all employees receiving more than the minimum rates provided in
Sections 1 and 3 of this Article III. Such adjustment shall not
leduce the hourly wage rate of any such employee.
Sec 5. A person Avhose earning capacity is limited because of age
or physical or mental handicap may be employed on light work at
a wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United Sta^tes
I)ei)artment of Labor a certificate authorizing his employment at
such wages and for such hours as shall l)e stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by hini.
569
Artici-e IV — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person under eighteen (18) years
of age shall be eniplo3'ed at operations or occupations which are
hazardous in nature or dangerous to health. TJie Code Authority
shall submit to the Administrator within ninety (90) da^'s a list of
such operations or occupations.
Sec. 2. In compliance with Section 7 (a) of the Act, it is provided
that :
(a) Employees shall have the right to organize and bargain col-
lectively, 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 sucli representatives or
in self-organization or in other concerted activities for the j^u'pose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization (»f
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Sec. 3. No employer shall reclassify employees or duties or occupa-
tions for the purpose of defeating the purposes or provisions of the
Act or of this Code or engage in any subterfuge for such purpose.
Sec. 4. No employer or employee shall contract his work to any
person except when such person is subject to the provisions of this
Code.
Sec. 5. Every employer shall make reasonable provision to the
extent required by existing law for the safety and health of his em-
ployees at the place and during the hours of their employment.
Sec. 6. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on an employer
regulating age of employees, wages, hours of work, or health, fire, or
general working conditions than under this Code.
Sec. 7. Each employer .shall post in conspicuous places Articles
II, III. and IV, the Labor Provisions of this Code.
Artici-e V — Administration
Section 1. To further effectuate the policies of the National Indus-
trial Recovery Act, the 7 members of the Executive Committee of the
Association then in office are set up to coo}>erate with the Adminis-
trator of the National Industrial Recovery Act as the " Code Au-
thority " to administer the provisions of this Code. If the Admin-
istrator hereafter shall find that the Code Authority is not truly
representative of the industry or does not in other respects comply
with the provisions of the Act, he may require an appropritate modi-
fication in the metliod of selecting the Code Authority. The Admin-
istrator may appoint from one to three representatives Avithout vote
to serve on the Code Authority whose terms of office shall be so ar-
ranged that the services of not more than one expires in any one year.
570
These appointees shall be persons not having or representing inter-
ests selfish or antagonistic to the interest of members of the Alloy
Casting Industry. Absence of such representatives from any meet-
ing of this Committee shall not prevent its complete functioning/
Sec. 2. Members of the industry shall be entitled to share the
benefits of the activities of the Code Authority by assenting to and
complying with the requirements of this Code and sustaining their
reasonable share of the expenses of its administration. Such rea-
sonable share of the expenses of administration shall be determined
by the Code Authority, subject to review by the Administrator, on
the basis of volume of business and/or such other factors as may
be deemed equitable.
Sec. 3. The manufacturers engaged in the industry will furnish
such information and make such reports to the Code Authority as
may be necessary in order to enable the Code Authority to collect
and furnish to the Government the information required under the
terms of the National Industrial Recovery Act. In addition to in-
formation required to be submitted to the Code Authority, there
shall be furnished to Government agencies such statistical informa-
tion as the Administrator may deem necessary for the purpose re-
cited in Section 3 (a) of the National Industrial Recovery Act. The
manufacturers shall keep their accounts in such form as may be
necessary to enable them to furnish information desired by the
Government.
Sec. 4. Members of the Industry having a common interest and
common problems may group themselves for administrative pur-
poses in various subdivisions or product classifications, subject to
the approval of the Code Authority. The majority of members in
each subdivision or product classification may appoint its agency,
with supervisory and/or administrative powers, subject to the Code
Authority. In the event that no such agency is so appointed, then
the Code Authority may appoint such agency. If formal complaint
is made to the Code Authority that the provisions of this Code have
been violated by any member or members of the Industry, the agency
for the subdivision or product classification to which the complaint
refers, shall institute such inquiry as may be necessary to develop
the facts and shall report the results of such inquiry to the Code
Authoritv.
Sec. 5. The Code Authority may act by or through any committee
or representative or representatives to whicli or to whom it may from
time to time delegate authority. Except as otherwise provided in the
National Industrial Recovery Act, all statistics, data, and informa-
tion filed or obtained in accordance with any of the provisions of
this Code shall be confidential. The statistics, data, and information
of one manufacturer engaged in the Industry shall not be revealed
to any other manufacturer engaged in the Industry except that for
the purpose of enforcing or administering the provisions of this
Code, the Code Authority by its duly authorized representatives
(who shall not be connected with or in the employ of any manu-
facturer engaged in the Industry affected by tliis Code) shall have
access to any and all statistics, data, and information that may be
^ Seo par. 2 of order approving this Code.
571
furnished or obtained in accordance with any of the provisions of
this Code.
Sec. G. The Jurisdiction of this Code and of the Code Authority
over any manufacturer engaged in the Industry is expreasly limited
to that portion of the business and emplo3^ment of such manufacturer
which is within the Industry,
Sec. T. Any alleged violation of the provisions of this Code shall
be investigated by an unbiased authorized representative or repre-
sentatives of the Code Authority as provided for in Article V, Section
5, and members of the Industry sliall facilitate such investigations
Ijy opening their pertinent correspondence, books and accounts for
examination and by furnishing relevant information. Upon the
disclosure of any violation of any provision of this Code, the Code
Authority shall present evidence thereof to the Administrator.
Sec. 8. Recognizing that violation of any provision of this Code
will disrupt the normal course of fair competition in the Industry
and cause serious damage and that it will be impossible fairly to
assess the amount of such damage, each member of the association
who shall violate any such provision shall pay to the association, in
trust as and for liquidated damages, a sum equal to 25% of the
invoice value of any alloy casting sold in violation of any such pro-
vision, such funds to be applied to the administration of this Code.
The Code Authority by the affirmative vote of two-thirds may waive
any liability for such liquidated damages as may be imposed by or
l)ursuant to this provision of this Code, if in its discretion it so
decides that such violation Avas innocently made and that the collec-
tion of such damages is not necessary in order to eifectuate tlie policy
of Title I of the National Industrial Recovery Act.
Sec. 9. The Code Authority shall make a careful study of the
question of limitation of alloy melting capacity and shall submit
to the Administrator for his approval such plan or plans as are
deemed necessary and which will further effectuate the policies of the
National Industrial Recovery Act.
Sec. 10. If the Administrator shall determine that any action of a
Code Authority or any agency thereof is unfair or unjust or contrary
to the ])ublic interest, the Administrator may require that sucli action
be suspended for a period of not to exceed thirty clays to afford an
opportunity for investigation of the merits of such action and further
consideration by such Code Authority or agency pending final action,
which shall be taken only upon approval by the Administrator.
Article VI — Trade Practice Rules
1. For all purposes of the Code the acts described in this article
shall constitute mifair practices. Any member of the industry who
shall directly, or indirectly through any officer, employee, agent or
representative use, emplo}-, or jjermit to be employed, any of such
unfair practices shall be guilty of a violation of the Code.
(a) The use of other than actual shipping weights as a basis for
billing except, for machined products specifically classified by the
Code Authority.
(b) Assuming transportation expense on pattern equipment either
to or from manufacturer's plant.
572
(c) Assumption of responsibility for machine work, labor charges,
or other expenses incurred by the customer on castings which are
rejected as defective.
(d) Assumption of any cost for inspection of castings by outside
individuals or agents when done at the request of the purchaser.
(e) The selling or advertising for sale and/or marking of prod-
ucts with the intent to mislead or deceive a purchaser or prospective
purchaser regarding their quality, substance, or service features.
(f) The fictitious invoicing of products.
(g) Permitting a customer to make any deduction from the
invoice not covered by the terms of sale.
(h) The shipping or other delivering of free goods of any kind
to am'^ customer for resale or consumer's commercial use.
(i) Give, permit to be given, or directly offer to give, anything of
value for the purpose of influencing or rewarding the action of any
employee, agent, or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such agent
or the represented party, without the knowledge of such employer,
principal, or party. Commercial bribery provisions shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used for connnercial bribeiy as hereinabove defined.
(j) To purchase from customers any commodity at a price in
excess of the published prevailing open-market price for the com-
modity in question: to purchase scrap materials of another manu-
facturer from customei-s at a price in excess of the published
prevailing market price for such materials; to pay more for his own
scrap than 2c per pound premium over prevailing market prices.
This provision shall not be construed as abrogating any existing
contract whereby a manufacturer is obligated to take back scrap from
castings of his own manufacture at a fixed price.
(k) The giving of terms more favorable than net thirty days from
date of shipment. A discount of I/2 of 1% may be allowed, provid-
ing payment is made within ten days from date of shipment.
(1) Absorb all or any part of the machining cost of castings
sold as machined castings.
(m) The selling of products other than alloy castings at prices
below the prevailing market to influence a sale of alloy castings.
Article VII — Open Price PRO%asiox
Section- 1. Each member of the Industr}- manufacturing prod-
ucts falling within any subdivision or product classification, as de-
scribed in Article V, Section 4, shall, within ten (10) days after
notice of the establishment of anj'^ subdivision or product classifica-
tion, file with the agency for such subdivision or product classifira-
tion a price list prepared by such member of the Industr3% showing
his current prices and the agency shall immediately .send copies
thereof to all members of the Industry engaged in the manufacture
of such specified product. Revised price lists may be filed from time
to time thereafter with the agency by any such member of the In-
dustry to become effective upon the date specified therein but such
revised price list shall be filed with the agency not less than eight
573
(8) nor more than ten (10) days in advance of the effective date.
Copies of siicli revised price lists with notice of the effective date
specified sliali be immediately sent to all members of the Industry
manufacturing such product who thereupon may file, if they so de-
sire, revisions of tlieir i)rice lists specifying the effective date wliich
may be on or after the date when the revised price list first filed
shall go into effect. No member of the Industry shall sell directly
or inclirectiy by any means whatsoever any product of the Industry
at a price less than the price shown for such product in the list
fiJed bv such member.^
Article VIII — Amendments axd Supplements
Section 1. This Code, except as to provisions required b}' the Act,
may be modified and supplemented on the basis of experience or
changes in circumstances, such modifications and supplements to be
based upon application to the Administrator and such notice and
hearing as he shall specif }-, in compliance with Section 3 (a) of the
Act and to become effective on approval of the Administrator.
Sec. 2. The President of the United States may from time to time
cancel or modify any order, approval, license, rule, or regulation
issued under Title I of the National Industrial Recovery Act.
Article IX
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
Article X
This Code shall be effective at 12 : 01 A.M. on the fifth calendar day
after its approval by the President of the United States, and shall
continue in effect until June IG, 1935, or the earliest date prior
thereto on which the President shall, by proclamation, or the Con-
gress shall, by Joint Eesolution, declare that the emergency recog-
nized by Section 1 of the National Industrial Recovery Act has
ended.
Approved Code No. 237.
Registry No. 1201-1-02.
See par. 2 of order approving this Cede.
o
Approved Code No. 238
CODE OF FAIR COMPETITION
FOR THE
FAN AND BLOWER INDUSTRY
As Approved on January 30, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
FAN AND BLOWER INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June IG, 1933, for approval of a Code of
Fair Competition for the Fan and Blower Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act ; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval Recommended :
W. A. Harriman,
Division Administrator.
Washington, D.C,
January SO, 193 1^.
86709° 313-153 34 (575)
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the Fan
and Blower Industry as revised after a public hearing, conducted in
Washington, D.C., on December 28, 1933, in accordance with the
provisions of the National Industrial Recovery Act.
PROVISIONS AS TO WAGES AND HOURS
All, except office employees, shall be paid a minimum rate of
forty cents per hour. Apprentices shall not exceed in number five
percent of the total number of wage earners. Office employees
shall be paid a minimum wage of fifteen dollars per week. Office
boys and girls shall be paid not less than eighty percent of this
rate and shall not exceed in number five percent oi an employer's
total number of office employees.
Handicaj^ped workers may be employed at wages below the min-
imum. Female employees performing substantially the same work
as male employees shall receive equal pay. Adjustment of wage
rates above the minimum will be made within thirty days after the
approval of this Code.
Forty hours shall be the maximum immber of working hours
for any Aveek and eight hours for any day except during any six
weeks in a six months' period forty-eight hours in one week shall
be permissible. Executives, their staffs, and supervisors, who reg-
ularly receive thirty-five dollars or more per week, and outside
salesmen are excepted from this provision. Employees engaged
solely at maintenance and repair work, truckmen, firemen, and
engineers may work nine hours a day or fortj'^-four hours a week,
except during an}^ six weeks in a six months' period forty-eight hours
in one week is permissible. Watchmen shall not be employed in
excess of fifty-six hours in any one week. Office employees, except
those receiving thirty-five dollars per week or more, shall not be
employed in excess of an average of forty hours per week over each
period of five weeks, nor more than forty-eight hours in any one
week.
All employees, except office employees, shall be paid at the rate
of time and one half for time worked in excess of forty hours per
week.
ECONOMIC EFFECTS OF THE CODE
Annual sales of the products of this industry declined about
sixty-four percent from 1929 to 1933 and investecl capital declined
thirty-one percent over the same period. Employment declined
forty-six percent from 1929 to 1933. Thirty-nine hundred wage
earners were employed by the industry in 1929 according to the
Hesearch and Planning Division's report.
(576)
577
The maximum hours established by this Code will increase em-
ployment approximately twelve percent if the average volume of
production for the years 1930 and 1931 is continued. The Code
provision that wages above the minimum shall be equitably adjusted
is expected to cause material increase in purchasing jwwer. Trade
practice provisions of the Ccxle are expected to remedy many of the
evils that have been prevalent in the past. This Industry depends
chiefly on new building.
nXDINGS
The Deputy Administrator in his final re))ort to me on said Code,
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Kecovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promotmg the organization of in-
dustr}^ for the purpose of cooperative action among the trade groiqis,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by I'c-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry' normally employs not more than ."iO.OOO eni-
ploj'ees: and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with tlie per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Suljsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
Administrator,
January 30, 1934.
CODE OF FAIR COMPETITION
FOR THE
FAN AND BLOWER INDUSTRY
Akticle I — Purposes
1. To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Fan and Blower Industry, and shall
be the standard of fair competition for such industry and shall be
binding upon every member thereof.
Article II — Definitions
1. The term " Fan and Blower Industry " as used herein is defined
to mean the manufacture and the sale by the manufacturers of
fans, blowers, and air washers with their accessory equipment as
used in the heating and ventilating business and as applied to
drying, mechanical draft or air conditioning for both industrial
and human comfort purposes. Electric ventilating fans other than
desk, wall, or ceiling fans (commonly termed " buzz fans ") shall
be classified as coming within the scope of this definition.
2. The term " President " as used herein means the President of
the United States of America.
3. The term "Administrator " means the Administrator of Title
I of the National Industrial Recovery Act.
4. The term "Association " as used herein means the National
Association of Fan Manufacturers, a trade association.
5. The term "Act" as used herein means the National Industrial
Recovery Act.
6. The term " Employee " as used herein includes any person
engaged in the Industry, in any capacity, receiving compensation
for his services, irrespective of the nature or method of payment
of his compensation.
7. The term " Employer " as used herein itncludes anj^one by whom
any such employee is compensated or employed.
8. Tlie term " Member of the Industry " or " Member " includes,
but, W'ithout limitation, any individual, partnership, association,
corporation or other form of enterprise engaged in the Industry,
either as an employer or on his or its own behalf.
Article III — Hours
Section 1. No employee, excluding accounting, clerical, and office
employees, shall be employed in excess of forty (40) hours in one
(578)
579
week, or eight (8) hours in any twentj'-foiir (24) lioiir period, except
that during any six (G) weeks in any six (G) )uonths' period em-
ployees may be employed not more than forty-eight (-48) hours per
week, providing one and one half times the normal rate of pay shall
be paid for hours Avorked in excess of eight (8) hours per day and
forty (40) hours per week. The foregoing limitations shall not
apply to —
(a) Those employed in executive and managerial capacity, and
service engineers when and as long as their expenses are paid by
their employer, who regularly receive thirty-live ($35.00) dollars
or more per week.
(b) Outside salesmen.
(c) Employees engaged solely at maintenance and repair work,
truckmen, firemen, and engineers, who may be permitted to work not
more than nine (9) hours in any one day, or forty-four (44) hours
in any one week. These employees may also be permitted to work
forty-eight (48) hours per week during any six (6) weeks in any
six (G) months period. One and one half times the normal rate of
paj^ shall be paid for hours worked in excess of eight (8) hours per
day and forty (40) hours per week.
(d) Watchmen, wdio may be employed not more than fifty-six
(56) hours in any one (1) week, except watchmen in closed plants
to whom this limitation shall not apply.
(e) Cases of emergency such as the production of equipment or
repairs for breakdown service, or where the restriction of hours of
skilled workers would unavoidably reduce production or limit the
work available to other workers.
Sec. 2. No accounting, clerical, or office employee shall be em-
ployed in excess of an average of forty (40) hours a week over a
calendar five (5) weeks period, nor more than forty-eight (48)
hours in any one week.
Sec. 3. No employer shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another employer or employers exceeds the maximum permitted
herein.
Sec. 4. No employee shall be permitted to work more than six (6)
days in any seven (7) day period.
Article IV — Wages
Section 1. No employee shall be paid at less than the rate of
forty (40) cents per hour, except that :
(a) Accounting, clerical, and office employees may be paid at not
less than fifteen ($15.00) dollars per week.
(b) Office boys and office girls may be paid at not less than eighty
(80) percent of the above provided minimum wage for accounting,
clerical, and office employees, provided that the total number of such
office boys and girls receiving less than such minimum wage shall
not exceed, in any calendar month more than five (5) percent of the
total number of office employees of the employer, except that any
employer may employ at least two (2) such persons as above
provided.
580
(c) Nothing in this Article IV shall apply to or affect a bona fide
apprentice employed under a system or course of trainino- which,
when completed, will make the apprentice a skilled mechanic. At
no time shall new apprentices be admitted to apprenticeship b}^ any
employer when such action will bring their total number to more
than five (5) percent of the total number of factory employees of
such employer.
Sec. 2. This Article establishes a minimum rate of pay which
shall apply, irrespecti^'e of whether an employee is actuall}^ com-
pensated on a time rate, piece-work, or other basis.
Sec. 3. The Code Authority may present for approval of the
Administrator, after notice and hearing, recommendations as to
upward adjustments in minimum wages for specific localities.
Sec. 4. Ecputable adjustment of compensation of employees re-
ceiving more than the minimum rates of pay herein prescribed shall
be made by all employers wdio have not heretofore made such ad-
justments, and all employers shall within sixty (60) days after ap-
proval of this Code, report in full to the Code Authority concerning
Buch adjustments whether made prior to or subsequent to such ap-
I^roval, provided, however, that in no event shall hourly rates of
pay be reduced.
Sec. 5. Female employees performing substantially the same work
as male employees shall receive the same rate of pay as male em-
ployees.
Sec. 6. A person whose earning capacit}^ is limited because of
age or physical or other handicap may be employed on light work
at a wa^e below the minimum established by this Code if the em-
ployer ()btains from the State authority designated by the United
States Department of Labor a certificate authorizing his employ-
ment at such wages and for such hours as shall be stated in the
certificate. Each employer shall maintain on file with the Code
Authority a list of all such persons emploj^ed b}^ him.
Sec. 7. Wages shall be exempt from any payments for pensions,
insurance, or sick benefits other than those voluntarily paid by the
wage earners, or required by State laws. Wages shall be paid at
least at the end of every two-week period, and salaries at least at
the end of every month.
Sec. 8. The employer or his agent shall accept no rebates directly
or indirectly on such wages nor give anything of value or extend
favors to any person for the purpose of influencing rates of wages
or the Avorking conditions of his emploj'ees.
Article V — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be
employed in the industry. No person under eighteen (18) years of
age shall be emijloyed at operations or occupations which are hazard-
ous in nature or dangerous to health. The Code Authority shall sub-
mit to the Administrator before March 1, 1934, a list of such opera-
tions or occupations. In any State an employer shall be deemed to
have complied with this provision as to age if he shall have on file a
certificate or permit duly signed by the authority in any State em-
581
powered to issue employment or a^e certificates or permits slioAA'ing
that the emph)yee is of the required nge.
Sec. 2. In compliance with Section 7 (a) of the Act it is provided
that :
(a) Employees shall have the ri<rht to organize and bai'gain col-
lectively through representatives of their own choosing, and shall
he 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.
(b) Xo employee and no one seeking employment shall be required
as a condition of employment to join any company union or refrain
from joining, organizing, or assisting a labor organization of his
own choosing.
(c) Employers shall comply with the maximum hours of labor,
mininuim rates of pay, and other conditions of employment ai)proved
or prescribed bj'^ the President.
Sec. 3. No employer shall reclassify employees or duties of occu-
l)atJons performed or engage in any other subterfuge for the purpose
of defeating the purposes or provisions of the Act or of this Code.
Sec. 4. Every employer shall make reasonable provisions for the
safety and health of his employees at the place and during the hours
of their employment.
Sec. 5. No pro-sisions in this Code shall supersede any State or
Federal law which imposes more stringent requirements on employ-
ers as to age of employees, wages, hours of work, or as to safety,
sanitary or general working conditions, or insurance, or fire protec-
tion, than are imposed by this Code.
Sec. 6. All employers shall post complete copies of the labor pro-
visions of this Code in conspicuous places accessible to employees.
Article VI — Administration
To effectuate the policies of the Act a Code Authority is hereby
constituted to cooperate with the Administrator in the administration
of this Code.
Section. 1. (a) During the sixty (60) day period following the
effective date, the Code Committee of the National Association of
Fan Manufacturers shall constitute a temporary Code Authorit3^ to
serve until the permanent Code Authority hereinafter referred to
shall have been elected.
(b) During such period the Association shall set up a permanent
Code Authority' consisting of three (3) or more members of the Indus-
try as determined by the Code Authority, elected by the members of
the Industry bj^ a fair method of selection, approved by the Ad-
ministrator. To the temporary and to the permanent Code Authority
so provided for, the Administrator in his discretion may ai)point
not more than three additional members (without vote) to rej^resent
the Administrator. Such additional members shall serve witliout
expense to the Industry.
(c) The Code Authority (including the temporary Code Authority
herein above referred to) shall have the following powers and duties,
to the extent permitted by the Act :
582
1. To obtain from the members of the Industry such statistical
data and information as may be required under the Act (in such
form and manner as not to disclose the individual figures and data
of the respective members of the Industry), whether requested by
the Administrator or as may be otherwise necessary to enforce and
effectuate the provisions of this Code and the policy of the Act.
2. To make available to the Administrator such reports, data,
and information as nuiy be required by the Administrator and
which will assist in keeping the Administrator or any representative
designated by him fully advised concerning such matters and confer
with the Administrator or his representative from time to time to
consider and study any recommendations presented by such persons
on behalf of the National Kecovery Administration or any member
of the Industry regarding the operation, observance, and adminis-
tration of this Code.
8. To make recommendations to the Administrator for the coordi-
nation of the administration of this Code with such other codes, if
any, as may be related to the industry.
4. To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the Industry who
have assented to, and are complying with, this Code.
5. To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
6. To delegate any of its duties to such agencies as it may ap-
point which would not involve the disclosure of the individual data
or information of any member of the Industry, except as otherwise
herein permitted or required to be disclosed, provided, that such
agencies shall be under the supervision of the Code Authority and
responsible to it.
Sec. 2. The Association is hereby constituted an agency of the
Code Authority to receive reports as hereinabove provided. The
Association shall provide for the receiving and holding of such re-
ports in confidence. Such reports shall be in such form, and shall
be furnished at such intervals as shall be prescribed by the Code
Authority and shall contain such information relevant to the pur-
poses of this Code as shall be prescribed by the Code Authority from
time to time including information with respect to the following
subjects :
(a) Employment, hours, wages, and wage rates.
(b) Production and billing.
(c) Financial and cost data.
(d) Activity, purchases, and sales.
Sec. 3. Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on membership, and (2)
submit to the Administrator true copies of its articles of associa-
tion, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may dcei;? nrc-^ssary to
effectuate the purposes of the Act.
583
Sec. 4. In order that the Code Antlioiity shall at all times be
truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper; and thereafter if he shall
find that the Code Authority is not truly representative or does not
in other respects comply with the provisions of the Act. may require
an appropriate moditication in the method of selection of the Code
Authority.
Sec. 5. In addition to the information required to be submitted
to the Code Authoritj^, there shall be furnished to goverjunent
agencies such statistical information as the Administrator may deem
necessar}' for the purpose recited in Section 3 (a) of the Act.
Article VII — Rules Covering Industry
Section 1. There shall be uniformity in bookkeeping methods.
Each member shall subscribe to, adopt, and put into etfect a method
of cost accounting which recognizes and includes all items entering
into costs as prescribed by the Statistical Committee of the Associa-
tion and approved by the Code Authority and bj^ the xA.dministrator.
Sec. 2, Where a manufacturer produces other lines of products
not falling under the definition of the " Fan and Blower Industry ",
each such business shall be considered a separate unit for the pur-
pose of ascertaining costs, and costs not specifically attributable to
one specific business shall be properly and fairly allocated to the
several businesses so that the cost of the products of the Fan and
Blower Industry can be fairly and accurately determined.
Article VIII — Trade Practice Rules
Section 1. Unfair Competition. — (a) No member shall sell or
exchange any product of his manufacture at a price which results in
his receiving less than his total cost of production, determined pur-
suant to the provisions of Article VII, except that any member of
the industry may meet the price competition of any other member
who is not violating this Code on products of equivalent design,
bize, capacitv^, character, quality, or specifications.
(b) No member shall entice away any employee of any other
member with the purpose and effect of unduly hampering, injuring,
or embarrassing such other member in his business.
(c) No member shall withhold from or insert in the invoice, facts
which make the invoice a false record, wholly or in part, of the
transaction represented on the face thereof, and shall not make pay-
ment or give allowances of secret rebates, refunds, credits, unearned
discounts, whether in the form of money or otherwise.
(d) No member shall falsel}' disparage the weight, substance,
strength, grade, quality, or efficiency of the goods of competitors.
(e) No member shall defame competitors with the purpose and/or
tendency to mislead or deceive any prospective purchaser or pur-
chasers by falsely imputing to them dishonorable conduct, inability
to perform contracts, questionable credit standing, or by other
misrepresentation.
584
(f) No member shall in selling or offering to sell any product,
make any materially inaccurate or false representations as to the
quality, quantity, grade, substance, or efficiency of such product, for
the purpose or with the effect of deceiving purchasers or prospective
purchasers.
(g) No guarantee against defects of workmanship and material
shall be given on standard products beyond the customary one-year
period.
(h) No member of the industry shall knowingly offer a proposal
after a contract has been awarded to another member, provided that
the aAvard has been approved by all parties having rights therein and
the contract has been duly and regularly accepted by such other
member.
(i) No member of the industry shall attempt to induce the breach
of any contract between a manufacturer and a customer or his source
of supply.
(j) No member of the industry shall give, permit to be given, or
directly offer to give anything of value for the purpose of influenc-
ing or rewarding the action of an}^ employee, agent, or representa-
tive of another in relation to the business of the employer of such
employee, the principal of such agent, or the represented party with-
out the knowledge of such employer, principal, or party. Commer-
cial bribery provisions shall not be construed to prohibit free and
general distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinabove defined.
Sec. 2. Nothing in these rules shall be interpreted to prevent the
sale of dropped lines or obsolete stock at such prices as are necessary
to move such merchandise; provided, however, that all such stocks
are first reported in writing to the Code Authority, or its authorized
agent, and that any such report contains an accurate inventory of
the material in question and the price asked.
Sec. 3. Any representations, whether by advertising or otherwise,
as to performance of equipment shall be in accordance with the Test
Codes adopted by the Association and the American Society of Heat-
ing and Ventilating Engineers where applicable.
Article IX — General Provisions
Section 1. By presenting this Code, the applicants for its approval
shall not be deemed to have assented to any modifications thereof and
each reserves the right to object to any modification thereof.
Sec. 2. (a) Amendments to or revisions of this Code may be pro-
posed by the Code Authority, which will become effective as part of
the Code upon approval by the Administrator after such notice and
hearing as he may specify.
(b) This Code and all the provisions thereof are expressly made
subject to the right of the President of the United States, in accord-
ance with the provision of Subsection (b) of Section 10 of the Na-
tional Industrial Recovery Act, from time to time to cancel or modify
anj' order, approval, license, rule, or regulation issued under Title I
of said Act, and specifically, without limitation, to the right of the
President of the United States to cancel or modify his approval of
585
this Code or any conditions imposed by him, upon his approval
thereof.
(c) Members of the Industry shall be entitled to participate in
and share the benefits of the Code and to participate in the election
of the permanent Code Authority, by assenting to and complying
with the requirements of this Code and sustaining their reasonable
share of the expenses of its administration. The reasonable share
of the expense of administration shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
volume of business and/or such other factors as may be deemed
equitable to be taken into consideration.
Sec. 3. None of the provisions of this Code shall be construed or
applied in such a way as to promote a monopoly or monopolistic
practices or to eliminate or oppress small enterprises, or discrimi-
nate against them.
Sec. 4. If the Administrator shall determine that any action of
the Code Authority or any agency thereof is unfair or unjust or
contrary to the public int-erest, the Administrator may require that
such action be suspended for a period of not to exceed thirty days
to afford an opportunity for investigation of the merits of such
action and further consideration by such code authority or agency
pending final action, which shall be taken only upon approval by
the Administrator.
Article X — Effective Date
This Code shall become effective on the second Monday after its
approval by the President of the United States.
Approved Code No. 238,
Registry No. 1304-03.
O
Approved Code No. 239
CODE OF FAIR COMPETITION
FOR THE
PORCELAIN BREAKFAST FURNITURE
ASSEMBLING INDUSTRY
As Approved on January 30, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
PORCELAIN BREAKFAST FURNITURE
ASSEMBLING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Porcelain Breakfast Furniture Assembling
Industry, and hearings having been dul}'^ held thereon and the an-
nexed report on said Code, containing findings with respect thereto,
having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects with
the pertinent provisions and will promote the polic}'^ and purposes of
said Title of said Act ; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
the provisions of article T-B, section 11. insofar as they prescribe a
waiting period between the filing with the Code Authority and tho
36712° 313-151 34 (587)
588
effective date of revised price lists or revised terms and conditions
of sale be and they are hereby stayed pending my further Order
either within a period of sixty da3"s from the effective date of this
Code or after the completion of a study of open price associations
now being conducted by the National Recovery Administration.
Hugh S. Johnson,
Administrator for Industrial Recove)^.
Approval recommended :
W. A. Harriman,
D /vision A djn.inis tra,t o r.
Washington. D.C,
January 30, 193 Jf.
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the
Porcelain Breakfast Furniture Assembling Industry, the public
hearing having been held in Washington, on November 16, 1933, in
accordance with the provisions of the National Industrial Recovery
Act.
PROVISIONS FOR HOURS AND WAGES
A basic forty (40) hour week is established by this Code. A tol-
erance of five (5) hours a week averaged over each eight (8) weeks'
period is allowed for office emploj'ees, while an eight (8) hour toler-
ance is permitted for factory employees, but all factory overtime
in excess of eight (8) hours a day must be paid for at not less than
one and one half (1M>) times the regular liourl}^ rate. No employee
is permitted to work more than six (6) days in any seven (7) day
period.
This Code establishes a minimum rate of pa}^ of forty (40) cents
per hour in the North and thirty-six (36) cents in the South, but
practically the entire production of this Industry is in the North.
Apprentices not to exceed five (5) percent of the total number of
factory workers may be paid eighty (80) percent of the minimum
rate for a period not to exceed four (4) months.
CHILD LABOR
No person under sixteen (16) years of age shall be employed in
the Industry nor anyone under eighteen (18) years of age at occu-
pations or operations hazardous in nature or detrimental to health.
ECONOMIC ETFECTS OF THE CODE
The report prepared by the Division of Economic Research and
Planning, based upon data obtained from the Industry by question-
naires, presents the following facts :
(a) Since 1928 the volume of sales of Porcelain Breakfast Furni-
ture declined approximately sevent3'-two (72) percent.
(b) Factorv employment declined nearly thirty (30) percent from
June 1929, to June 1933.
(c) In June 1929, the average hours worked by factory employees
were 53.7 per week.
(d) Average weekly wages of factorv wage earners declined from
$21.47 in 1929 to $14.74 for the first quarter of 1933.
(e) Under this Code, factory employment will approach the 1929
level. An increase of approximately twenty (20) percent occurred
from June to October 1933, under the President's Reemployment
Agreement, and a further increase is assured when all the members
of this Industry become bound by this Code.
(5S9)
590
(f) The Code provision limiting the work- week to an average of
forty (40) hours will effect a reduction of twenty (20) percent or
more from the average hours worked prior to the President's Re-
employment Agreement.
(g) Average Aveekly wages of factory employees increased ap-
proximately fifteen (15) per cent in the third quarter of 1933 over
the first quarter under the President's Reemployment Agreement,
and a further increase may be exj^ected under this Code. The hourly
wage rates paid to seventy-five (To) per cent of the workers in this
Industry will be increased by the Code.
(h) The total payroll of this Industry was increased thirty-five
(35) percent by the President's Reemployment Agi-eement.
FINDINGS
The Assistant Deputj^ Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter :
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial RecoveiT Act, including
removal of obsti'uctions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said xVct. including without limita-
tion Subsection (a) of Section 3. Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliuiinate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
be^n depriA'ed of the right to be heard prior to approval of said Code.
For these reasons, therefore. I have approved this Code.
Respectfully,
Hugh S. Johnson,
Adm.inisti'ator.
January 30. 1934.
CODE OF FAIR COMPETITION
FOR THE
PORCELAIN BREAKFAST FURNITURE ASSEMBLING
INDUSTRY
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition by the Porcelain Breakfast Furniture Assembling
Industry, and upon approval by the President, shall be the standard
of fair competition for the Porcelain Breakfast Furniture Assem-
bling Industry and shall be binding upon every member thereof.
Article II — Definitions
Section 1. Porcelain BreaJcfast Furniture Assembling Industry. — •
The term " Porcelain Breakfast Furniture Assembling Industry "
as defined herein, means the assembling and finishing of wholly
manufactured wood parts consisting of turned legs, stretchers, table
bases and their parts, porcelain enamelled tops, and chairs. These
parts are assembled, finished, and processed to complete a porcelain
breakfast furniture set.
Sec. 2. Employees. — The term '* employee " as used herein includes
anyone, except a member of the industry, engaged in the Porcelain
Breakfast Furniture Assembling Industry in any capacity receiving
compensation for his services, irrespective of the nature or method of
payment of such compensation.
Sec. 3. Employer. — The term " employer " as used herein includes
anyone by whom any such employee is compensated or employed.
Sec. 4. Members of the Industry. — The term " member of the
Industry" includes anyone engaged in the Porcelain Breakfast
Furniture Assembling Industry as above defined, either as an em-
ployer or on his own behalf.
Sec. 5. President, Act, and Administrator. — The terms ''Presi-
dent ", ''Act ". and "Administrator " as used herein shall mean,
respectively, the President of the L^nited States, Title I of the
National Industrial Recovery Act, and the Administrator for Indus-
trial Recovery.
Sec. 6. Pull-hacks. — The term " pull-backs " as used herein includes
such furniture manufactured b}^ members as is returned by the
consumer to the retailer after being in use.
Sec. 7. Code Authority. — The term "Code Authority" as used
herein is the Agency hereinafter set up to administer the provisions
of this Code, with the approval of the Administrator.
(591)
592
Sec. 8. Association. — The term "Association '', as used herein,
means National Breakfast Furniture Manufacturers Association,
Inc.. a trade association.
Sec. 9. E.recufive secretary. — The term "" Executive Secretary ", as
used herein, means the Executive Secretary of the Association.
Sec. 10. Effective date. — The term " effective date " as used herein
means the second Monday after this Code shall have been approved
b}^ the President.
Article III — HorRS
Section 1. Xo office emplo^j^ees shall be permitted to work in excess
of an average of forty (40) hours per week during each eight (8)
weeks' period, l)ut not more than forty-five (45) hours in any one
M'eek.
Sec. 2. No other worker shall be permitted to work in excess of
forty (40) hours in any one week or eight (8) hours in any twenty-
four (24) hour period, except as hereinafter otherwise provided.
Sec. 3. Employees engaged in the capacity of designers, executives,
or supervisors who receive $35.00 per week or more, and outside sales-
men, are excepted from the provisions of Sections 1 and 2 of this
Article.
Sec. 4. A tolerance of 10% in the hours specified above shall be
permitted for firemen, engineers, emergency maintenance and repair
crews, and shipping and delivery department crews.
Sec. 5. The hours of work for night watchmen and night firemen
shall not exceed a total of eighty-five (85) houi-s in each two weeks
period, or an average of forty-two and one half (421/^) hours per
week in each two weeks period.
Sec. 6. Truck drivers operating on trips normally requiring more
than eight (8) hours, except in cases of unavoidable delay due to
breakdown or accident, shall be subject to hours of labor of a code
hereafter to be adopted for the trucking industry.
Sec. 7. The maximum hours prescribed in Section 2 of this Article
shall not apply in cases of seasonal or peak operations, provided,
however, that no employee engaged in such operations shall be per-
mitted to work in excess of forty-eight (48) hours in any one week,
nor in excess of forty (40) hours per week averaged over an eight
(8) consecutive week period.
Sec. 8. All over-time work in excess of eight (8) hours per day
or forty (40) hours per week shall be paid for at not less than one
and one half (iy2) times the regular hourly rate.
Sec. 9. No employee shall be permitted to work more than six
(0) days in any seven (7) day period.
Article IV — Wages
Section 1. Xo ciuployees shall be paid less than the rate of 400
per hour, except as jirovided in Section 3 of this Article, and except
in the States of Virginia, North Carolina. South Carolina, Tennessee,
Kentuck}', Georgia, Florida, Alabama, Mississippi, Louisiana, Ar-
kansas, and Texas, where no employee shall be paid at less than
the rate of 360 per hour. The minimum rates herein specified are
593
guaranteed whether comi)ensation is based on time, piecework, or
incentive basis.
Sec. 2. Hourly wage rates for employees receiving more than the
minimum herein perscribed shall be adjusted to preserve differentials
existing on June 16, 1933, and in no case shall wages be reduced
notwithstanding any reduction in hours.
Within thirty (30) days after this Code becomes effective, em-
ployers shall report to the Code Authority action taken by them
since July 1, 1933, with respect to adjustment of wages above the
minimum.
Sec. 3. An apprentice ma}^ be paid not less than 80% of the min-
imum wages s^Decified in Section 1 of this Article for a period not
exceeding a total of four (4) months. This apprenticeship period
maj^ be served onlj^ once during his lifetime. The number of such
apprentices shall not exceed 5% of the total number of factory
workers, provided that each employer may employ one such appren-
tice.
Article V — General Labor Promsions
Section 1. No person under 16 years of age shall be employed in
the Industry nor anyone under 18 years of age at operations or
occupations hazardous in nature or detrimental to health.
The Code Authority shall submit to the Administrator before
March 1, 1934, a list of such occupations. In any State an employer
shall be deemed to have complied with this provision if he shall have
on file a certificate duly issued by the xiuthority empowered to issue
employment certificates showing that the employee is of the required
age.
Sec. 2. (a) Emploj'ees shall have the right to organize and bar-
gain 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 rep-
resentatives or in self-organization or in other concerted activities
for the purpose of collective bargaining or other mutual aid or
protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed bj^ the President.
(d) Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers reg-
ulating age of emplo3'ees, wages, hours of work, or health, fire, or
general working conditions than under this Code.
Sec. 3. Employers shall not reclassify employees or duties of
occupations performed by employees so as to defeat the purpose of
the Act or of this Code.
Sec. 4. Posting Code. — Each employci- shall post in conspicuous
places available to emj^loyees full copies of this Code.
594
Article VI — Labels
Section 1. All furniture manufactured or sold by " members of the
Industry " shall bear and have affixed thereto an '' NRA Label "
which should remain attached to each piece of breakfast furniture
when it leaves the factory. Such labels shall bear the registration
number specially assigned to each manufacturer in the Industry
b}^ the Code Authorit3^ The privilege of using such labels shall be
granted and such labels shall be issued to any manufacturer from
time to time engaged in the Industry upon application therefor to
the Code Authority accompanied by a statement of compliance with
the standards of operation prescribed by this Code.
" jSIembers of the Industry " shall be entitled to obtain and use
such labels if they comply with the provisions of this Code.
Article VII — Organization, Powers, and Duties or the Code
Authority
A. organization
Section 1. To further effectuate the policies of the Act, a Code
Authority is hereby constituted to cooperate with the Administrator
in the administration of this Code.
Sec. 2. The Code Authority shall consist of ten (10) individuals
or such other number as may be approved from time to time by the
Administrator, including seven (7) members of the Board of Direc-
tors, and the Executive Secretary, all of the National Breakfast
Furniture Manufacturers Association, Inc., and two (2) otlier break-
fast furniture assemblers who are nonmembers of the National
Breakfast Furniture Manufacturers Association, Inc., all to be se-
lected by a fair method of ejection subject to the approval of the
Administrator. The Government shall be represented on the Code
Authority by not more than three (3) members without vote to be
appointed by the Administrator, for terms of from six months to
one year arranged so that the terms do not expire at the same time.
Sec. 3. In order that the Code Authoritv shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper ; and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an*
appropriate modification in the method of selection of the Code
Authority.
Sec. 4. Each trade or industrial association participating in the
selection or activities of the Code Authority shall:
(1) impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of asso-
ciation, bylaws, regulations, and any amendments Avhen made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purposes of the Act.
Sec. 5. IMembers of the Industiy shall be entitled to participate
in the benefits of the activities of the Code Authority and to partici-
595
pate in the selection of the mcmljers thereof by assenting to and
complying with the requirements of this Code and sustaining their
reasonable share of the expenses of its administration. The reason-
able share of the expenses of administration shall be determined by
the Code Authority, subject to review by the Administrator, on the
basis of volume of business and/or such other factors as nuiy be
deemed equitable to be taken into consideration.
Sec. 6. There shall be established bv the Administrator, a
National Industrial Relations Board for the Industry, consisting of
an equal number of representatives of employers and employees to
adjust all matters in the Code relating to labor. Where a majority
agreement cannot be reached, the Board shall select an impartial
chairman to render a decision. The creation and functioning of
these Boards, including the selection of representatives of employees
shall be in accordance wnth Section 7 of the Act. If no truly repre-
sentative labor organization exists, the employee members of such
Board shall be chosen b}^ the Labor Advisory Board of the National
Industrial Recovery Administration. The employer representatives
shall be chosen by the Code Authority. The Industrial Relations
Board may establish such subsidiary agencies constituted in like
manner as it finds necessary.
B. POWERS AND DUTIES OF THE CODE AUTHORITY
Section 1. The Code Authority shall have the following duties
and powers to the extent permitted by the Act. If the Administra-
tor shall determine that any action of the Code Authority or any
agency thereof is unfair or unjust or contrary to the public interest,
the Administrator may require that such action be suspended for a
period of not to exceed thirty days to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action, which shall
be taken only upon approval by the Administrator.
Sec. 2. To establish appropriate machinery for the issuance of
labels in accordance with Article VI of this Code, with the approval
of the Administrator.
Sec. 3. To prescribe and approve a standard system of cost account-
ing, which, Avhen approved by the Administrator, shall become the
uniform system of cost accounting for the Industry, and all mem-
bers of the Industry shall thereafter use a system of cost accounting
which conforms to the principles of and is at least as detailed and
complete as such uniform system. The Code Authority, however,
may permit such exceptions or variations as it deems necessary to
meet the requirements of a particular situation.
Sec. 4. To investigate and inform the Administrator, on behalf
of the Industry, as to the importation of competitive articles into
the United States in substantial quantities or increasing ratio to
domestic production on such terms or under such conditions as to
render ineffective or seriously to endanger the maintenance of this
Code and as an agency for making complaint to the President on
behalf of the Industry under the provisions of the Act, with respect
thereto.
596
Sec. 5. The Code Authority may from time to time present to the
Administrator recommendations based on conditions in the Industry
as they may develop which will tend to effect the operation of the
provisions of this Code and the policy of the Act and in particular
along the following lines :
(a) Reports to administrator. — Recommendations as to the re-
quirements by the Administrator of such further reports of persons
engaged in the Industry of statistical information and keeping of
uniform accounts as may be required to secure the proper observ-
ances of the Code and promote the proper balancing of produc-
tion and consumption and the stabilization of the Industry and
emplo3'ment.
(b) Service hureau.- — Recommendations for the setting up of a
Service Bureau for the Industry for accounting, credit, and other
purposes, to aid members of the Industry in meeting the conditions
of the emergency and the requirements of this Code.
(c) Promote stabilization. — Recommendations for the making of
requirements as to trade practices by persons engaged in the Indus-
try as to methods and conditions of trading, and the naming and
publication of prices which may be appropriate to avoid discrimi-
nation, to promote the stabilization of the Industry.
(d) Distress merchandise. — Recommendations for regulating the
disposal of distress merchandise in a w^ay to secure the protection of
the owners and to promote sound and stable conditions in the
Industry.
(e) Dealing with inequalities that endanger industry and em-
ployment.— Recommendations for dealing with any inequalities that
may otherwise arise to endanger the stability of the Industry and
of production and employment.
(f) Investigation of molations. — The Code Authority is hereby
appointed as an emergency committee for this Code of Fair Compe-
tition and subject to review and disapproval of the Administrator is
empowered to investigate whether the provisions of this Code are
being observed, to make complaints concerning alleged violations, to
cooperate with the Administrator of the Act; to propose additions,
modifications, or revisions of this Code and generallj^ to perform such
other acts as may be reasonably necessary and proper to put the pro-
visions into effect and accomplish the objects and purposes of the
Act. In the event such committee shall find the Rules of Fair Com-
petition, or any provisions of this Code, have been violated, the vio-
lation shall be reported to the Code Authority for such action as they
deem i^roper in accordance wath this Code, including in appropriate
cases, report to the National Recovery Administration, or take ap-
propriate stejDs to institute license proceedings in accordance with
law or any other appropriate legal proceedings provided for in the
Act.
Sec. 6. Such recommendations when approved by the Adminis-
trator, after such notice and hearing as he shall specify, shall have
the same force and effect as any other provisions of this Code.
Sec. 7. The Code Authority is also set up to cooperate with the
Administrator in making investigations as to the functioning and
observance of any of the provisions of this Code at its own instance
597
or on complaint by any person aflFected, subject to review and dis-
approval of the Administrator.
Sec. 8. With a view to keeping the President informed as to the
observance or nonobservance of this Code of Fair Competition and
as to whether the Industry is taking appropriate steps to effectuate
the declared policy of the Act, each member of the Industry shall fur-
nish duly certified reports in substance as follows, and in such form
as may be provided and at such intervals as the Code Authority may
prescribe, subject to review and disapproval of the Administrator.
(a) Wa(/t'S and hours of labor. — Eeturns every 4 weeks showing
actual hours worked by the various occupational groups of employ-
ees and minimum weekly rates of wages.
(b) Machinery data. — Keturns every 4 weeks showing number of
machines operating each Aveek, the number of shifts and the total
number of machine hours each week.
(c) Reports of production, sales., stocks, and aixlers. — Monthly
reports showing production in terms of the commonly used unit
(i.e.) breakfast furniture, stocks on hand, both sold and unsold,
stated in the same terms.
Sec. 9. The Executive Secretary and/or the Association is hereby
constituted the agency to collect and receive, as confidential infor-
mation, such individual members' reports. Such reports shall be
filed by the Secretary for reference in such form as to eliminate
identification of anj^ individual member, and shall be available for
the inspection only by the Secretary or the Administrator or their
duly authorized representatives. The Executive Secretary shall
furnish the Code Authority with the summaries of the data and
statistics he compiles from the members' individual reports.
Sec. 10. In addition to the information required to be submitted
by the Code Authority, there shall be furnished to Government
Agencies such statistical information as the Administrator may deem
necessary for the purj^oses recited in Section 3 (a) of the Act to such
Federal and State agencies as the Administrator may designate ; nor
shall anything in any code, agreement, or license relieve any person
of any existing obligation to furnish reports to GoA'ernment agencies.
Sec. 11. Each member shall, within ten (10) days after the effec-
tive date of this Code, publish to its customers and file with the Sec-
retary and/or the Association each and every price list, duly certified
by a proper executive, showing all prices of their respective merchan-
dise assembled or processed in the Industry, and all terms. Each of
the first lists of prices and terms of sale filed by any members, as
above provided, shall take effect on the date of filing thereof. None
of the prices and terms in any list filed by any members shall be
changed except by the filing of such member with the Secretary
and/or the Association of a new list of prices and terms, which shall
become effective five (5) days after the date on which siuh new price
list and terms of sale shall have been filed. The failure of any manu-
facturer to adhere to his prices and terms of sales filed, as herein pro-
vided, and an}' other deviation from the provisions of this Section
shall be an unfair method of competition.*
• See paragraph 2 of order approving this Code.
598
Sec. 12. Members of the Industry shall report on the tenth (10th)
day of each month to the Code Authority a list of close-outs and sec-
onds accumulated in the preceding month, and shall file with the
Code Authority its price list and terms of such seconds and close-outs
in accordance Avith the provisions as herein provided in Section 10 of
Article VII. The member may sell such seconds or close-outs at any
time at his own price as filed with the Code Authority, provided, he
shall distinctly mark his products as Close-Outs or Seconds, and shall
thereafter furnish the name and addresses of the purchaser of close-
outs or seconds to the Code Authority.
Article VIII — Trade Practice Rules
The following practices constitute unfair methods of competition
and are prohibited :
Rule 1. False Marking or Branding. — The false marking or brand-
ing of any product of the Industry which has the tendency to mislead
or deceive customers or prospective customers, whether as to the
grade, quality, quantity, substance, character, nature, origin, size, fin-
ish, or preparation of any product of the Industry, or otherwise.
Rule 2. M isrepresentat ion or False or Misleading Advertising, —
The making or causing or permitting to be made or published any
materially false, inaccurate, or deceptive statement by way of adver-
tisement or otherwise, whether concerning the grade, quality, quan-
tity'', substance, character, nature, origin, size, finish, or preparation
of any product of the Industry, or the credit terms, values, policies,
or services of any member of the Industry, or otherwise, having the
tendency or capacity to mislead or deceive customers or prospective
customers.
Rule 3. Conmierdal Bribery. — No member of the Industry shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agent or
the represented party, without the knowledge of such employer,
principal, or party. Commercial bribery provisions shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used for conmiercial bribery as hereinabove defined.
Rule 4. Interference with Contraeitual Relatiotis. — Maliciously
inducing or attempting to induce the breach of an existing oral or
written contract between a competitor and his customer or source
of supply, or interfering with or obstructing the performance of
any such contractual duties or services.
Rule 5. Secret Rebates. — The secret payment or allowance of
rebates, refunds, commissions, credits, or unearned discounts, whether
in the form of money or otherwise, or the secret extension to certain
purchasers of special services or privileges not extended to all
purchasers on like terms and conditions.
Rule 6. Giving of Prises, Preniiuvis, or Gifts. — The offering or
giving of prizes, premiums, or gifts in connection with the sale of
products, or as an inducement thereto, by any scheme which involves
lottery, misrepresentation, or fraud, or selling any furniture product
599
or any article whatsoever, included in the purchase of breakfast
furniture, at an unreasonable price, for the purpose of evading or
defeating the terms of this Code.
EuLE 7. Defamation. — The defamation of competitors by falsely
imputing to them dishonorable conduct, inability to perform con-
tracts, questionable credit standing, or by other false representations
or by the disparagement of the grade or quality of their goods.
Rule 8. Threats of Litigation. — The publishing or circularizing of
threats of suits for infringement of patents or trade marks or of
any other legal proceedings not in good faith and without bringing
such suits or proceedings within a reasonable time, with the tendency
or effect of harassing competitors or intimidating their customers.
Rule 9. Espionage of Competitors. — Securing confidential infor-
mation about a competitor's business by a false or misleading state-
ment or representation, by a false impersonation of one in authority,
by bribery, or b}' any other unfair method or any other secret means
where the effect may be to hinder or stifle competition.
Rule 10. Piracy of trade marks and trade names. — The imitation
of a trade mark, trade name, slogan, or the other marks of identifi-
cation of competitors, having the tendency and capacity to mislead
or deceive.
Rule 11. Terms of settlement. — Selling on more favorable terms
than two (2%) percent in thirty (30) days, net sixty (60) days from
date of shipment; provided, however, that where the purchaser be-
cause of departmental accounting practices requires a cash discount
of five (5%) percent and the member consents to it, invoices shall
be increased sufficiently to permit such discount, and in every such
case the net return of the member shall not be less than it w^ould
have been had the cash discount been two (2%) percent instead of
five (5%) percent. Where it is the practice of a buyer to make
monthly settlement of all invoices, a member may allow the deduc-
tion of the cash discount if payment is made not later than the
fifteenth (15) of the calendar month following dates of shipment.
Credit terms shall be included in the statement and billhead of each
member of the Industry.
Rule 12. Consignment. — The shipping of goods on consignment or
memorandum either directly or indirectly, except under circum-
stances to be defined by the Code Authority where peculiar circum-
stances in the Industry require the practice.
Rule 13. Returns. — (a) There shall be no returns of porcelain
breakfast furniture except for factory defects, and except for such
merchandise not shipped within the specified time in full compliance
"with the specifications and terms of the order. The above exception
shall apply only to claims and returns by customers made within fif-
teen (15) days from the receipt of goods by them.
(b) Merchandise defective in manufacturing or assembling not
discovered or readily ascertainable within the period of fifteen (15)
days from the receipt of goods by customers may be returned and
accepted for credit bj' members, providing, however, the member of
the Code Authority appointed by the Administrator shall specify
the time and place for a hearing between member of the Industry
and customer to determine whether such defect was due to faulty^
manufacturing or assembling.
600
Rule 14. Pull-hacks. — There shall be no allowances on " Pull-
Backs " of breakfast furniture, nor shall they be accepted for credit
by any member of the Industry, except as provided for in Rule 13
of this Article.
Rule 15. Other unfair practices. — Nothing in this Code shall limit
the effect of any adjudication by the Courts or holding by the Fed-
eral Trade Commission on complaint, finding, and order, that any
practice or method is unfair, providing that such adjudication or
holding is not inconsistent with any provision of the Act.
Article IX — JMooiFicATiOiSrs
Section 1. (a) This Code and all the provisions thereof are
expressly made subject to the right of the President, in accordance
with the provisions of subsection (b) of Section 10 of the National
Industrial Recovery Act, from time to time to cancel or modify
any order, approval, license, rule, or regulation issued under Title I
of said Act and specifically, but without limitation, to the right of
the President to cancel or modify his approval of this Code or any
conditions imposed by him upon his approA^al thereof.
(b) This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Administrator
and such notice of hearing as he shall specify, and to become effective
on approval of the Administrator.
Sec. 2. Such of the provisions of this Code as are not required
to be included therein by the Act may, with the approval of the
Administrator, be modified or eliminated if it appears that the public
needs are not being served thereby and as changes in circumstances
or any experience may indicate. They shall remain in effect unless
and until so modified or eliminated until the expiration of the Act.
It is contemplated that from time to time supplementary provisions
to this Code or additional Codes will be submitted for the approval
of the President to prevent unfair competition in price and other
unfair purposes and to promote the policies of Title I of the Act
and which shall not conflict with the provisions thereof.
Article X — INIonopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be impossible of consummation if prices of goods and services
increase as rapidly as Avages, it is recognized that price increases
should be delayed and that, when made, the same should, so far as
reasonably possible, be limited to actual increases in the seller's costs.
Approved Code No. 239.
Registry No. 312-04.
o
Approved Code No. 240
CODE OF FAIR COMPETITION
FOR THE
ADVERTISING DISPLAY INSTALLATION TRADE
As Approved on January 30, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
ADVERTISING DISPLAY INSTALLATION TRADE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Advertising Display Installation Trade,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise ; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects with
the pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
the provisions of Article VIII, Section 2, insofar as they prescribe
a waiting period between the filing with the Code Authority and the
effective date of revised price lists or revised terms and conditions of
sale be and they are hereby stayed pending my further order either
within a period of 60 days from the effective date of this Code or
after the completion of a study of open price associations now being
conducted by the National Recovery Administration.
Hugh S. Johnson,
Administrator for Indiistrial Recovery.
Approval recommended :
A. D. Whiteside,
Division Ad'ministrator.
Washington, D.G.^
January 30^ 193^.
36711° 313-150 34 (601)
The President,
The White House.
INTRODUCTION
Sir : This is the report of the Administrator to the President on
the application for, and public hearing on, a Code of Fair Com-
petition for the Advertising Display Installation Trade as proposed
by the National Display Installation Association representative of
that business. The Code presented herewith was revised by the
Executive Committee of the National Display Installation Associa-
tion following the public hearing, which was held Tiiesdaj'^, November
21 1933.
The hearing was conducted in Washington on November 21, 1933.
Every person who requested an appearance was freely heard in
accordance with statutory and regulatory requirements.
There is one national trade association, namely, the National
Display Installation Association wdth offices at 1209 Sycamore Street,
Cincinnati, Ohio. There is no evident reason why the truly rep-
resentative character of said Association should be questioned.
DEFINITION
Advertising display installation is a small item in national econ-
omy, for the services rendered by installation concerns require the
employment of but fifteen hundred (1,500) employees and approx-
mate $2,500,000 in gross business. The definition embraces no pro-
ductive functions, in the generall}^ accepted meaning; it is purely
a service available to anyone who wishes to have his advertisements
placed in or on windows of retail stores or in interiors of retail
stores. To supplement the explanation of the service involved, it
might be stated that these advertising displays are standard set
forms furnished to the installation concerns by national advertisers.
ECONOMIC AND STATISTICAL MATERIAL
The Advertising Display Installation Trade in 1932 furnished
employment to 1,500 employees. In 1929 employees numbered
2,000. There are approximately 300 concerns in the Trade, the
number remaining unchanged since 1928. It can be seen that there
has been noticeably less employees since 1929 — in fact, a decrease of
25%. This service of display installation seems to be a Trade com-
prised in the main of " trimmers " who do the actual installing in
retail store windows. The Code does not permit anyone under 18
years of age to be engaged as a " trimmer."
(602)
603
RESUME OF THE (X)DE
Tlie proponents of the Code have established forty hours in any
one week or 8 hours in any twenty-four hour period for all employees
other than trimmers. No trimmer shall be permitted to work in
excess of 40 hours or install more than 45 displays in any one week
averaged over any consecutive 12 weeks' period. Sufficient latitude
is thus allowed the employers so that the hours of trimmers can be
adjusted to meet the irregular demand for service for those on
whom the members of the display installation trade are dependent
for their business.
Evidence was presented at the public hearing to indicate that
more stringent regulation of the hours of trimmers would work
hardship on members of the Trade, as well as on employees,
A minimum hourly wage of 35 cents is established for all employees
except trimmers. Trimmers, the majority of whom are paid on a
piece work basis if compensated on an hourly basis, are paid 85 cents
per hour as a minimum, if on a piece work basis a minimum of 90
cents per window installation, or 50 cents per interior installation.
There is established for trimmers a minimum daily wage which will
allow the employee additional protection.
The administration of the Code closely follows the lines recom-
mended by the N,R,A, Legal Division,
The proponents of the Code are arranging for the nomination
and election of the Trade members of the Code Authority, such
arrangements to be completed not later than 90 days after the
effective date of the Code. In the interim, the regularly constituted
Board of Directors of the National Display Installation Association
are serving in this capacity,
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructicms to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general Avelfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and man-
agement under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Trade normall}' employs not more than 50,000 employees;
and is not classified by me as a major trade.
604
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associ-
ation is a trade association truly representative of the aforesaid
Trade; and that said association imposes no inequitable restrictions
on admission to membership therein.
(d) The Code is not designed to and will not jjermit monopolies or
monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, the Code has J>een approved.
Respectfully,
Hfgh S. Johnson,
A dministrator.
January 30, 1934.
CODE OF FAIR COMPETITION
FOR THE
ADVERTISING DISPLAY INSTALLATION TRADE
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Advertising Display Installation Trade,
and shall be the standard of fair competition for such Trade and
shall be binding upon every member thereof.
Article II — Definitions
The term "Advertising Display Installation Trade " as used herein
includes the service of installation, for others, of display advertising
material in or on the windows or interiors of retail stores, and such
branches or subdivisions thereof as may from time to time be in-
cluded under the provisions of this Code.
The term " employee " as used herein includes anyone engaged
in the Trade in any capacity receiving compensation for his services,
irrespective of the nature or method of payment of such com-
pensation.
The term " trimmer " as used herein includes any employee whose
principal work is the installation of Advertising Display.
The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed.
The term '* member of the Trade " includes anyone engaged in
the Trade as above defined, either as an employer or on his own
behalf.
The term " window installation " as used herein includes the
placing of the advertiser's display material in a window of a store
in such maimer as to make practically a complete window trim, in-
cluding the placing of a counter card or small counter display on
the counter.
The term " interior installation " as used herein includes the
placing of the advertiser's display mat^erial in the interior of a store
with decorative treatment, regardless of location.
The terms " President ", "Act ", and "Administrator " as used
herein shall mean re-spectively the President of the United States,
the National Industrial Recovery Act, and the Administrator or
Title I of said Act.
(G05)
606
Article III — Hours
1. No triininer shall be permitted to work in excess of forty (40)
hours or to install more than forty -five (45) window installations
per week averaged over any consecutive twelve (12) weeks in an}''
one (1) year.
2. No other employee shall be permitted to work in excess of forty
(40) hours in any one (1) week or eight (8) hours in any twenty-
four (24) hour period.
3. The maximum hours hereinabove set forth shall not apply to
outside salesmen or employees engaged in a managerial or executive
capacity receiving thirty-five dollars ($35.00) a week or more.
4. No employee shall be permitted to work more than six (6)
days in any seven (7) da}- period.
Article IV — Wages
1. Except as hereinafter expressly stipulated otherwise, no em-
ployee shall be paid at less than the rate of thirty-five cents ($0.35)
per hour.
2. No trimmer compensated on an hourly basis shall be paid at less
than the rate of eighty-five cents ($0.85) per hour.
3. No trimmer compensated on a piecework basis shall be paid
at less than the rate of ninety cents ($0.90) per window installation
or fifty cents ($0.50) per interior installation,
4. No trinnner shall be paid less in any twenty-four (24) hour
period than a wage equivalent to that which such trimmer would
be entitled to receive for three (3) working hours.
5. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
6. No employee whose full time weekly hours for the four (4)
weeks ended June 17, 1933, are reduced by the provisions of this
Code by twenty percent (20%) or less, shall have his or her full
time weekly earnings reduced.
No employee whose full time weekly hours are reduced by the pro-
visions of this Code, in excess of twenty percent (20% ) , shall have
his or her said earnings reduced by more than fifty percent (50%) oi
the amount calculated by multiplying the reduction in hours in
excess of twenty percent (20%) by the hourly rate.
7. Female employees performing substantiall}^ the same work as
male employees shall receive the same rates of pajj^ as a male
emplo3'ee.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the Trade nor anyone under eighteen (18) years of age as a trim-
mer. In any State, an employer shall be deemed to have complied
with this provision if he shall have on file a certificate or permit
duly issued by authority in such State empowered to issue employ-
ment or age certificates or permits, showing that the employee is of
the required age.
607
2. Employees shall have the right to organize and bargain collec-
tively 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.
3. No employee and no one seeking employment shall be required
as a condition of emploj-ment to join any company union or to
refrain from joining, organizing, or assisting u lalior organization of
his own choosing.
4. Employers shall comply with the maximvim hours of labor,
minimum rates of pay, and other conditions of employment, ap-
pj'oved or prescribed by the President.
5. Within each State, this Code shall not supersede any laws of
such State imposing more stringent requirements on employer regu-
lating the age of ejnployees, wages, hours of work, or health, fire or
general working conditions than under this Code.
6. Emploj-ers shall not reclassify employees or duties of occupa-
tions performed by emplovees so as to defeat the purposes of the
Act.
7. Each employer shall post in conspicuous places accessible to em-
ployees full copies of this Code.
Article VI — Administration
To further effectuate the policies of the Act, a Code Authority
is hereb}' constituted to administer this Code.
Organization, powers, and duties of Code Authority :
1. The Code Authority shall consist of five (5) individuals, or
such other number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth, and of such
additional members, without vote, as the Administrator, in his dis-
cretion, may appoint to represent such groups or governmental agen-
cies as he ma}' designate.
2. Every member of the Trade who qualifies as provided in Sec-
tion 10 of this Article shall be entitled to one (1) vote in the nomi-
nation and election of the Trade members of the Code Authority.
The proponents of this Code shall arrange for such nomination and
election not later than ninety (90) days after the effective date of
this Code. In the interim, the regularly constituted Board of Di-
rectors of the National Display Installation Association shall exer-
cise all the rights, powers, and prerogatives of the Code Authority
as herein determined.
3. Each trade or industrial association, directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its Articles of Association,
By-Laws, regulations, and anj^ amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effe<?tuate
the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Trade and in other respects comply with the
608
provisions of the Act, the Administrator may provide such hear-
ings as he may deem proper; and thereafter, if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authority.
5. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber of the Code Authority be liable in any manner to anyone for any
act of any other member, officer, agent, or employee of the Code
Authority. Nor shall any member of the Code Authority be liable
to anyone for any action or omission of act under the Code, except
for his own williul misfeasance or nonfeasance.
G. The Code Authority may utilize the facilities of and cooperate
with any and all trade and labor associations or organizations, na-
tional, regional, or local, in the Advertising Display Installation
Trade in such manner as it deems most useful to its work, with the
consent of such organizations.
7. The Code Authority may coordinate the administration of this
Code with such other Codes, if anj^, as may be related to the Trade,
or any subdivision thereof and may assist in promoting joint action
upon matters of common interest by establishing a joint Advisory
Board to which one (1) or more of its members shall be delegated.
8. The Code Authority may appoint and remove and fix the com-
pensation of such employees, accountants, attorneys, and officers as
it shall deem necessary or proper for the purpose of administering
the Code.
9. The Code Authority shall obtain from members of the Trade,
as soon as the necessary readjustments within the Trade can be made,
reports based on periods of one (1), two (2), or four (4) weeks, or
multiples thereof, for use of the Code Authority and the Adminis-
trator in the administration and enforcement of the Code, and for
the information of the President, and to give assistance to members
of the Trade in im])roving methods, or in prescribing uniform system
of accounting and reporting.
10. Members of the Trade shall be entitled to participate in and
share the benefits of the activities of the Code Authority, to partici-
pate in the selection of the members thereof and to use the N.R.A.
Code Insignia, by assenting to and complying with the requirements
of this Code and sustaining their reasonable share of the expense of
preparation, iiresentation, and administration of this Code. The
reasonable share of such expense shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
volume of business and/or such other factors as may be deemed
equitable to be taken into consideration.
11. In adtlition to the information required to be submitted to the
Code Authority, there shall be furnished to Government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
12. If the Administrator shall determine that any action of a code
authority or any agency thereof is unfair or unjust or contrary to
the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty days to afford an
609
opportunity for investigation of the merits of such action and fur-
ther cont^ideration by such code authority or agency pending final
action, which shall be taken only upon approval by the
Administrator.
Article VII — Trade Practices
The following practices constitute unfair methods of competition
for members of the Trade and are prohibited :
1. Inaccui'atc Adcerthhifj. — No member of the Trade shall use
advertising or other representation Avhich is inaccurate in any mate-
rial particular or in any way misrepresent any commodity (including
its use, trade mark, grade, quality, quantity, origin, size, material,
content, or preparation) or credit terms, values, policies, services,
or the nature or form of the business conducted.
2. Commercial Briher'y. — No member of the Trade shall give, per-
mit to be given, or directly offer to give, anything of value for the
purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of the
employer of such employee, the principal of such agent or the repre-
sented part)', without the knowledge of such employer, principal, or
party. Commercial bribery provisions shall not be construed to pro-
hibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
3. Selling Below Cost. — No member of the Trade shall sell any
commodity or service at a price below cost. However, any member
may meet the price competition of anyone whose costs under this
Code provision are lower. Cost shall be determined in accordance
with the principles enumerated in any standard cost system formu-
lated by the Code Authority with the approval of the Administrator.
4. Secret Rebate. — No member of the Trade shall secretly offer or
make any payment or allowance of a rebate, refund, commission,
credit, unearned discount, excess allowance, free or extra service,
whether in the form of money or otherwise, for the pur^Dose of in-
fluencing a sale, nor shall a member secretly extend to any customer
any special service or privilege not extended to all customers of the
same class.
5. Inaccurate Reference to Competitors. — No member of the Trade
shall use advertising or other representation which refers inac-
curately in any material particular to any competitors or their com-
modities, prices, values, credit terms, policies, or services.
6. Interferences with C ontr actual Relations. — No member of the
Trade shall attempt to induce the breach of an existing contract
between a competitor and his employee or customer or source of
supply; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services.
7. No member of the Trade shall allow any discount; all Avork
shall be billed at least weeldy and shall be payable net ten (10)
days.
8. No member of the Trade shall make a window installation
which does not bear clearly the exact date of such installation, in
accordance with the regulation of the Code Authority.
610
9. No member of the Trade shall remove or interfere with an
installation within seven (7) days of the date shown thereon.
10. No member of the Trade shall place a poster or in any way
mar or obstruct the view of an installation within seven (7) days
of the date shown thereon.
11. No member of the Trade shall give, permit to be given, or
offer to give anything of value for the purpose of influencing or
rewarding the action of any retailer in granting to said member of
the Trade exclusive display privileges.
Article VIII — Open Price Agreement
1. The Code Authority shall prepare and complete as soon as pos-
sible a basic classification of the services of the Trade together with
a scale of extras and deductions that shall be added to or deducted
from the base prices. This classification may be amended from time
to time by the Code Authority.
2. This classification of services shall be made available by the
Code Authority to every member of the Trade. Within thirty (30)
days thereafter each member of the Trade shall file with the Code
Authority, or otherwise as it may require, a list showing the mini-
mum base prices for all services. Any subsequent change in a price
list shall be filed as provided herein to become effective not earlier
than ten (10) days from the date of filing, except that the first price
list so filed shall become effective immediately.^
3. No member of the Trade shall contract for the sale of or sell
any service at less than such current minimum prices and terms as he
shall have established by filing with the Code Authority as herein-
above provided.
Article IX — Modification
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said
Act, and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any
conditions imposed b}' him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Administrator
and such notice and hearing as he shall specify, and to become effec-
tive on approval of the Administrator.
Article X — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
^ See paragraph 2 of order approving this Code.
611
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if price of services in-
crease as rapidly as wages, it is recognized that price increases should
be delayed and that, when made, the same should so far as reason-
ably possible be limited to actual increases in the seller's costs.
Article XII — Effective Date
This Code shall become effective on the 10th day after date of
approval by the President.
Approved Code No. 240
Registry No. 1702-32
o
Approved Code No. 241
CODE OF FAIR COMPETITION
FOR THE
CHEWING GUM MANUFACTURING INDUSTRY
As Approved on January 30, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
CHEWING GUM MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Chewing Gum Manufacturing Industry,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEPtEFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated Decem-
ber 30, 1933, and otherwise; do hereby incorporate by reference
said annexed report and do find that said Code complies in all
respects with the pertinent provisions and will promote the Policy
and purposes of said Title of said Act; and do hereby order that
said Code of Fair Competition be and it is hereby approved; pro-
vided, however, that the provisions of Article VII, Section 1, insofar
as they prescribe a waiting period between the filing with the Code
Authority and the effective date of revised price lists or revised
terms and conditions of sale be and they are hereby stayed pending
my further order either within a period of 60 days from the effective
date of this Code or after the completion of a study of open price
associations now being conducted by the National Recovery Admin-
istration.
Hugh S. Johnson,
Administratoi' for Industnal Recovery.
Approval recommended :
A. D. Whiteside,
Division Administrator.
Washington, D.C,
January 30, 1034.
36710' 313-149 34 (613)
The President,
The White House.
Sir: This is a report of the Code of Fair Competition for the
Chewing Gum Manufacturing Industry as revised after a public
hearing conducted in Washington on December 4, 1933, in accord-
ance with the provisions of the National Industrial Recovery Act.
The Deput}^ Administrator in his final report to me on said
Code having found as herein set forth and on the basis of all the
proceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agri-
cultural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without lim-
itation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or opj^ress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
AdnymistratoT,
January 80, 1934.
(614)
CODE OF FAIR COMPETITION
FOR THE
CHEWING GUM MANUFACTURING INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Recovery
Act, this Code is established as a Code of Fair Competition for the
Chewing Gum Manufacturing Industrj^, and shall be the standard
of fair competition for such industry and shall be binding upon
every member thereof.
Article II — Definitions
1. The term " the Industry " as used herein includes, within the
United States, the manufacturing and primary distributions of chew-
ing gum and/or chewing gum base, and such related branches or
subdivisions as may from time to time be included under the jiro-
visions of this Code by the President of the United States, after
such notice and hearing as he may prescribe.
2. The term " primary distribution '" as used herein means the
distribution by a manufacturer of his own production or distribu-
tion by a distributor for w^hom is manufactured a product not identi-
fied b}' the manufacturer's brand or name to —
(a) Other manufacturers
^b) Wholesalers or jobbers
(c) Retailers direct
3. The term " Member of the Industry " includes, but without
limitation any individual, partnership, association, corporation, or
other form of enterprise engaged in the industry, either as an em-
ployer or on his or its own behalf.
4. The term " emplovee " as used herein includes any and all
persons engaged in the industry, however compensated, except a
member of the industry.
4^a. The term " supervisory employee " as used herein means a
foreman or forelady in charge of a department.
5. The term " emploj^er '* as used herein includes anyone by whom
any such employee is compensated or employed.
6. The terms " President '', "Act ", and "Administrator " as used
herein mean respectively the President of the United States, Title I
of the National Industrial Recovery Act, and the Administrator for
Industrial Recover}-.
7. The term " the United States " as used herein means and in-
cludes the states and territories comprising the United States of
America.
(615)
616
8. The term "Association " as used herein means National Associa-
tion of Chewing Gum Manufacturers, a trade association having its
offices at Pier 23, Rosebank, Staten Island, New York.
9. Population for the purposes of this Code shall be determined by
reference to the latest Federal Census.
Article III — Hours
1. Maxiniuni Hours. — No employee, except as herein otherwise
provided in this Article, shall be permitted to work in excess of 10
hours in any one day or in excess of 40 hours in any one week.
2. No fireman, engineer, chauffeur, or employee engaged in the
preparation, care and maintenance of plant, machinery, and equip-
ment, except as herein otherwise provided in this Article, shall be
permitted to work more than 44 hours in any one week.
3. Any employee shall be permitted to work up to 8 hours in ex-
cess of the weekly hours provided in Sections 1 and 2 of this Article
in each of any 8 weeks during any January 1st to June 30th and
July 1st to December 31st six-month period provided the weekl}'
average for any such period shall not exceed the weekly number of
hours mentioned in Sections 1 and 2 of this Article; but in the
event the employment of any employee, except an office employee, is
terminated by any employer before said employee has been continu-
ously employed by said employer for six months immediately prior
thereto, the average number of weekly hours worked by said em-
ployee shall be computed from the date of beginning of his employ-
ment to the date of termination thereof and if such computation
shows a weekly hour average in excess of the weekly hours herein-
above in Sections 1 and 2 of this Article permitted, said employee
shall be paid time and one third for such excess.
4. Exetnjytion^ from Maxi7num Hour Prov'moni^. — ^The following
employees shall be exempt from maximum hour provisions —
(a) Employees in managerial or executive capacities, or super-
visory employees, who earn not less than $35.00 per week.
(b) Outside salesmen.
(c) Watchmen, provided, however, that watclimen shall not be
permitted to work in excess of 60 hours in any one week.
5. Standard Week. — No employee shall be permitted to work more
than 6 daj^s in any 7-day period.
6. Employment hy Several Eiiiployers. — No employer shall know-
ingly permit any employee to work for a time wliich, when totaled
with that already performed with another employer or employers in
this Industry, exceeds the maximum permitted herein.
7. Overtwie. — For any employment in excess of the maximum
hours permitted hereinabove in this Article employees shall be com-
pensated at the rate of time and one third.
8. No employee whose normal full time weekly hours prior to July
1, 1933, are reduced by less than 20% shall have his or her full time
weekly earnings reduced. No employee whose full time weekly
hours are reduced 20% or more shall have his or her full time weekly
earnings reduced by more than 10% ; provided, however, that this
617
section shall not apply to any employee whose normal full time
weekly earnings "were more than $35.00 per Aveek prior to July 1, 1933,
and whose normal full time weekly earnings were not reduced to less
than $35.00 per week between July 1, 1933, and the effective date of
this Code.
Article IV — Minimum Wages
1. Office Employees. — No office employee or outside salesman shall
be paid at less than the rate of $15.00 per week in cities of over
500,000 population or their metropolitan districts, or less than at
the rate of $14.50 per week in cities having less than 500,000 popula-
tion but more than 250,000 population, or their metropolitan districts,
or less than at the rate of $14.00 per week in cities, towns, villages,
or other places with less than 250,000 population or their metropoli-
tan districts.
2. Male Employees. — No male employee not otherwise provided for
in this Article shall be paid at less than the rate of 40 cents per hour
in cities of over 500,000 population or their metropolitan districts,
nor less than at the rate of 38% cents per hour in cities having less
than 500,000 population but more than 250,000 population or their
metropolitan districts, or less than at the rate of 37yo cents per
hour in cities, towns, villages, or other places with less than 250.000
population or their metropolitan districts.
3. Female Employees. — No female employee not otherwise pro-
vided for in this Article shall be paid at less than the rate of 35 cents
per hour in cities of over 500,000 population or their metropolitan
districts, or less than at the rate of 33% cents per hour in cities
having less than 500,000 but more than 250,000 population or their
metropolitan districts, or less than at the rate of 32i4> cents ])er
hour in cities, towns, villages, or other places with less than 250,000
population or their metropolitan districts.
Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
4. Apprentices. — No apprentice shall be paid at less than 80% of
the applicable hourly rate set forth in this Article. The period of
apprenticeship shall be limited to 30 working days after entering
the employment of an employer. No more than 5% of any em-
ployer's total employees may be classed as apprentices.
5. Physically Handicapped. — A person whose earning capacity
is limited because of age or physical or mental handicap may be
employed on light work at a wage below the minimum established
by this Code if the employer obtains from the state authorit}^ desig-
nated b}" the United States Department of Labor a certificate au-
thorizing his employment at such wages and under such hours as
shall be stated in the certificate. Each employer shall file with the
Code Authority Committee a list of all such persons employed by
him.
6. Pi^ceioork Compensation — Minimum Wages. — This Article
establishes a minimum rate of pay which shall apply, in-espective of
whether an employee is actually compensated on a time rate, piece-
work, or other basis.
618
Article V — General Labor Provisions
1. Child Labor. — No person under 16 j^ears of age shall be em-
ployed in the Industry. No person under 18 years of age shall be
employed at operations or occupations which are hazardous in nature
or dangerous to health. In any State an employer shall be deemed
to haA^e complied with this provision as to age if he shall have on
file a certificate or permit duly signed by the Authority in such
State empowered to issue emploj'ment or age certificates or permits
showing that the employee is of the required age.
2. P?'ovisions from the Act. — In compliance with Section 7 (a) of
the Act it is provided :
(a) That employees shall have the right to organize and bargain
collectively thru 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 pui-pose
of collective bargaining or other mutual aid or protection.
(b) 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 organi-
zation of his own choosing, and
(c) 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.
3. Reclassification of Employees. — No employer shall reclassify
employees or duties or occupations performed or engage in any
other subterfuge for the purpose of defeating the purposes or pro-
visions of the Act or of this Code.
4. Standards for Safety and Health. — Every employer shall make
reasonable provision for the safety and health of his employees at
the place and during the hours of their employment.
5. State Laws. — Within each State no provision in this Code shall
supersede a State or Federal law which imposes on employers more
stringent requirements as to age of employees, wages, hours of work,
or as to safety, health, sanitary or general working conditions, or
insurance, or fire protection, than are imposed by this Code.
6. Posting. — All employers shall post complete copies of this Code
in conspicuous places accessible to employees.
7. Posting of Hours Worked. — All employers shall post at the
end of each 4-week period in a conspicuous place or places available
to all employees a schedule stating for each employee (except office
employees and outside salesmen) —
(a) The Hours worked in each of the preceding 4 weeks.
(b) The cumulative average of hours worked from the next pre-
ceding Januar}!^ 1st or July 1st.
Article VI — Administrative Provisions
1. A Code Authority is hereby constituted to administer this Code.
Organization: — The Code Authority shall consist of six or more
members selected in the following manner :
619
(a) Two members shall be elected by lliDse Members of the In-
tlustry whose annual sales are less than $1,00U,00().
(b) Three members shall be elected by tho.se Members of the
Industry whose annual sales exceed $1,000,000.
(c) The Secretary of the Association shall be a member ex-officio,
(d) The Administrator, in his discretion, may a})point additional
meiiibers without vote to represent such groups or governmental
agencies as he mav designate. Such members shall serve without
expense to the Association.
2. Each elective member of the Code Authority shall be a Member
of the Industry, or an officer or executive who is an accredited dele-
gate of a Member of the Industry, and, except as provided below in
this paragraph, shall serve for one 3^ear or for the remaining dura-
tion of the Act, whichever is shorter. Upon the expiration of the
term or the resignation of a member of the Code Authority or upon
the termination of association with the employer of whom a member
of the Code Authority was a delegate at the time of his election, or
upon the vacancy in any membership on the Code Authority caused
by a member's severance from the industry or unwillingness or
inability to act, or death, or otherwise, a successor member of the
Code Authority shall be elected by those members of the industry,
or the survivors of them, who elected his predecessor. Any suc-
cessor member so elected shall serve for one year or for the remaining
duration of the Act, whichever is shorter, unless said term be ter-
minated prior thereto for any of the reasons given above for the ter-
mination of a member's term of office.
3. The method of election of the members of the Code Authority
shall be as follows:
(a) Each member of the industry shall have one vote, and shall
be termed hereinafter as an elector.
(b) All electors included in Section 2 (a) of article VI shall
belong to Group #1. All other electors shall belong to Group :#:2.
(c) Nominations and elections shall take place under the auspices
of the Secretary of the National Association of Chewing tSrum
Manufacturers.
(d) Each elector in a group from which a vacancy is to be filled
may nominate a sufficient number of eligible individuals to fill
whatever vacancy or vacancies exist. Ten (10) days after the
Secretary has notified electors of an election and that nominations
are in order, he shall tally all nominations received. Those indi-
viduals receiving the greatest number of nominations shall be the
nominees, and there shall be twice as manj^ nominees as there are
vacancies to be filled.
(e) Within two (2) days after the tallying of nominations the
Secretary shall mail ballots to each elector, listing the nominees,
nominated by the group to whicli such elector belongs. Each elector
may vote for a sufficient number of nominees on the ballot received,
to fill existing vacancies. Ten (10) days after mailing of ballots
the Secretary shall tally all ballots received from electors. The
nominee or nominees, respectively, receiving the highest number
of votes shall be elected to fill a vacancy or vacancies. Within two
620
(2) days after the tallying of votes the Secretary shall mail written
notification to all electors setting forth the result of the election.
(f ) The Secretary shall call for nominations —
(1) Within three (3^ days after the approval of the Code.
(2) Not later than thirty (30) da,ys prior to the expiration
of term of any member of the Code Authority.
(3) Within tlirei' (3) days after having received notice of
any vacancy.
(g) Until such" time as an election as hereinbefore provided for
shall have taken place, the members of the Committee submitting
this Code shall serve as the Industry representatives on the Code
Authorit3^
4. Eacii trade association directly or indirectly participating in
the selection or activities of the Code Authority or agencies thereof
shall (1) impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of associ-
ation, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purposes of the Act.
5. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comply Avith the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authorit3^
G. Members of the Industry shall be entitled to make use of the
insignia approved by the Administrator for the Chewing Gum In-
dustry and to participate in and share the benefits of the activities
of the Code Authority and to participate in the selection of the mem-
bers thereof by assenting to and complj'ing with the requirements of
this Code and sustaining their reasonable share of the expenses of
its administration either by becoming a member of the Association
or by paying to the Association an amount equal to the dues from
time to time provided to be paid by a member in like situation of the
Association. The amount of any such payment or payments shall be
subject to review and approval by the Administrator.
7. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber of the Code Authority be liable in an}^ manner to anyone for any
act of any other member, officer, agent or employee of the Code
Authority. Nor shall any member of the Code Authority, exercising
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own willful misfeasance or nonfeasance.
8. Poicers and Duties. — The Code Authority shall have the follow-
ing further powers and duties, to the extent permitted by the Act:
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the Industry with the provisions of the
Act.
621
(b) To adopt bylaws and rules and re<;ulati()ns for its procedure
and for the adniinistration and enforcement of the Code.
(c) To designate a Confidential Agency who shall be a Certified
Public Accountant not regularly eniplo3^ed as auditor or otherwise
by any member of the industry. The Code Authority shall effectuate
the collection by the Confidential Agency from Members of the In-
dustry of such information and reports as are required for the ad-
ministration of the Code, inclusive of such information and reports
as the Administrator may deem necessary for the purposes recited
in Section 3 (a) of the Act, and which information and reports shall
also be submitted by Members of the Industrj^ to such administrative
and/or government agencies as the Administrator may designate;
provided that nothing in tliis Code shall relieve any Member of the
Industry of any existing obligations to furnish reports to any gov-
ernment agency. No individual reports of any Member of the Indus-
try other than information required by the Administrator and other
than information with respect to violations of this Code shall be dis-
closed by the Confidential Agency to any other Member of the Indus-
try or to any other painty except with the permission of the Code
Authority and with the permission of the Member of the Industry
furnishing such information. The Code Authority shall obtain from
the Confidential Agency and disseminate among Members of the In-
dustry such summaries of information collected as per this para-
graph which the Code Authority deems vital and pertinent to the
Industry.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof,
(e) To make recommendations to the Administrator for the coor-
dination of the administration of this Code with such other codes,
if any, as may be related to the Industry, whenever such recommen-
dations, in the discretion of the Code Authority, appear desirable.
(f) To cooperate with the Administrator in regulating the use of
an}' NRA insignia solely by those Members of the Industry who
have assented to, and are complying with this Code.
(g) To recommend to the Administrator, whenever the Code Au-
thority considers such recommendations desirable, further fair trade
practice provisions to govern Members of the Industry in tlieir rela-
tions with each other or with other industries and to recommend to
the Administrator, whenever the Code Authority considers such
recommendations desirable, measures for industrial planning, in-
cluding stabilization of employment, and upon approval by the
Administrator after such notice and hearing as he may deem neces-
sary, such recommendations shall become effective as part of this
Code.
9. The Chairman of the Code Authority shall be the Secretary of
the Association. In the absence of the Chairman, or in his inability
or unwillingness to act, the Code Authority shall select an acting
Chairman who shall then have the full powders of the Chairman.
622
10. If the Administrator shall determine that any action of a
Code Authority or any agency thereof is unfair or unjust or con-
trary to the public interest, the Administrator may require that such
action be suspended for a period of not to exceed thirty (30) days
to afford an opportunity for inyestigation of the merits of such
action and further consideration by such Code Authority or agency
pending final action, -which shall be taken only upon approval by
the Administrator.
Article VII — Trade Practices
1. Established Plaices. — (a) Each member of the Industry, except
for branded chewing gum sold thru coin-operated vending machines
and except for the original sale of chewing gum not identified by
the manufacturer's brand or name, shall establish a price and sales
terms for each of his products ; such prices and terms shall be estab-
lished thru lists filed with the Confidential Agency, and list of prices
and sales terms established by each Member of the Industiy shall
be so filed not later than ten (10) days after the approval of the
Code by the President and shall become effective ten (10) daj's after
the date of such filing.
(b) Any Memljer of the Industry may amend the list or make a
substitution thereof at any time and such amendments and substitu-
tions shall become effective three (3) days after filing with the Con-
fidential Agency.
(c) The Code Authority may prescribe rules for the publication of
such prices and sales terms.
(d) No Member of the Industry shall sell or offer to sell any prod-
uct at prices or sales terms other than those filed with the Confiden-
tial Agency as above provided.^
2. Adverth-ing or Distribution AUovjances. — A Member of the In-
dustry may pay or allow a credit to a trade buyer thru a special ad-
vertising or distribution allowance for definite advertising or distri-
bution services provided that —
(a) Such services are performed in pursuance of a written con-
tract made in good faith explicitly defining the service and the
payment for it.
(b) Such services are duly rendered and such payment is reason-
able and not excessive in amount.
Copies of all contracts of each Member of the Industry as to serv-
ice, distribution, or advertising allowances and/or payments to trade
buyers shall be filed with the Confidential Agency for such review
and audit as maj- be prescribed by the Code Authority.
3. Sales Below Cost. — No member of the Industry shall offer or
sell a product below its cost to him without a legitimate business
reason justifying such action and which shall have been reported to
the Confidential Agency. This shall not applj^ to any sale made in
closing out in good faith a Member of the Industry's stock or any
part thereof for the purpose of discontinuing his trade in any stock
or commodity or in disposing of seasonal or damaged goods or mer-
chandise requiring immediate movement in consumption to prevent
loss.
^ See paragraph 2 of order approving this Code.
623
Subject to the approval of the Administrator ami the Code Au-
thority, the Confidential Agency shall prescribe and receive reports
necessary in the determination of fair practice as to costs.
4. Gooiisi on Consic/nment. — Except to the extent necessary to
carry out arrangements existing on the effective date of the Code
and which shall have been reported to tlie Code Authority, from
and after such date, no Member of the Industry shall deliver prod-
ucts on consignment.
All arrangements for the delivery by any Member of the Indus-
try, of products on consignment existing on the effective date of
the Code shall be terminated on or before six months thereafter, and
all stock held on consignment on that date shall either be sold to the
consignee or possession thereof shall be taken by the consignor.
5. Cash Discount. — No Member of the Industry shall allow a cash
discount in excess of 2% for prompt payment of its invoices.
6. Credit for Competitors' Goods. — Xo Member of the Industry
shall give credit or replacement for an}' product produced b}' a com-
petitor.
7. Misdating Invoices. — Xo ^Member of the Industry shall state in
the invoice of an}^ product as the date thereof a date later than the
date of shipment of such product, or include in any invoice any prod-
uct shipped on a date earlier than the date of such invoice.
8. Guaranteed Sales. — No Member of the Industry shall guarantee
the sale of his product by the purchaser thereof.
9. Unauthorised Suhstitntion. — No Member of the Industr}' manu-
facturing chewing gum which is in accordance with a written agree-
ment to be manufactured according to a specified formula shall use
or substitute any material different in quality to that so specified.
Article VIII — Export Trade
None of the provisions of Article VII of this Code shall apply to
sales in export trade outside the United States.
Article IX — jSIodificatiox
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro\T-
sions of subsection (b) of Section 10 of the Act, from time to time
to cancel or modify any order, approval, license, rule, or regulation
issued under said Act.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modifications to be based upon application to the Administrator and
such notice and hearing as he shall specify, and to become effective
on approval of the Administrator.
Article X — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
624
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases except such as may be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
Article XII — Effective Date
1. This Code shall become eflfective not later than ten (10) days
after date.
2, The expiration date of this Code shall be the expiration date
of the Act or the earliest date prior thereto on which the President
ghall by proclamation or the Congress shall by joint resolution de-
clare that the emergency recognized by the Act has ended.
Approved Code No. 241,
Registry No. 109-1-01.
o
Approved Code No. 242
CODE OF FAIR COMPETITION
FOR THE
MARINE AUXILIARY MACHINERY INDUSTRY
As Approved on January 30, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
MARINE AUXILIARY MACHINERY INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition for the Marine Auxiliary Machinery Industry,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOAV, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dat^d December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
Hugh S. Johnson,
AduiinistratoT for Industi^ial Recovery.
Approval recommended :
]Malcoi.m Muir,
Divisi&n Administrator.
Washington, D.C,
Janvury 30^ 1934..
36706° 313-156 34 (0,25)
The President,
The White Hoiise.
Sir: This is a report on the Code of Fair Competition for the
Marine Auxiliary Machinery Industry of the United States, con-
ducted in Washington on the 27th of November 1933, in accordance
with the provisions of the National Industrial Recovery Act.
PROVISIONS OF THIS CODE AS TO WAGES AND HOURS
Maximum hours for employees are established as follows : All em-
ployees, except executive, administrative, supervisory, and technical
employees who are paid at the rate of $35.00 or more per week, and
traveling salesmen and service employees — 40 hours per week, or 8
hours in any one 24-hour period. Watchmen and firemen — 48 houi-s
per we^k. These maximum hour provisions do not apply to any
emergency condition which cannot be adequately met by hiring addi-
tional employees, but in all such cases at least one and one half his
regular rate shall be paid to each employee for all time work on
Sundays and legal holidays, or beyond the regular 8 hours per day
or 40 hours per Aveek maximum as stipulated above.
Minimum wages for employees are established as follows : All em-
ployees, except learners, engaged in production and in labor opera-
tions directly incident thereto — 40 cents per hour. Learners, other
than apprentices — 80% of such minimum hourly wage, the number
of learners of any employer not to exceed 5% of the total number of
employees covered by such minimum hourly wage. All other em-
ployees, except office boys and girls and those whose earning capacity
is limited because of age or physical or mental handicap — $15.00 per
Aveek. Office boys and girls — 80% of such minimum weekly wage,
the number of such office boys and girls of any employer not to exceed
5% of the total number of employees c<^)vered by such minimum
weekly wage. Incapacitated employees may be paid less than the
established minimum hourly wage based on provisions of certificate
obtained from state authority designated by the U.S. Department
of Labor.
Employment of any person under 16 years of age and anyone
under 18 years of age at occupations hazardous in nature or danger-
ous to health is prohibited.
The right of employees to organize and bargain collectiA'ely
through representatives of their own choosing is recognized. No
employee shall be required as a condition of employment to join
any company union, or to refrain from joining, organizing, or assist-
ing a labor organization of liis own choosing.
ECONOMIC EFFECT OF THE CODE '
The Marine Aiixiliar}^ Machinery Industry ranks among those
industries experiencing the greatest loss of business due to the
depression, the annual sales of the industry falling from $3,500,000
(G26)
627
in 1929 to $1,000,000 in 1932 and 1933, a decline of 71% from the
1929-1930 peak; and employment declining from 1,200 in 1929 to 500
in June 1933, a decrease of 58%. The average hours actuall}^ worked
per week declined from 49.5 in 1929 to 45.5 in July 1933, a decrease
of 8.1%. It is estimated that more than half the employees were
working 35 hours or less during the week of October 21, 1933. The
average weekly earnings for June 1933, were $19.24 and for October
1933 they Ave re $22.88, representing an increase of approximately
19%. \
It is believed that the provisions in this Code permit adequate
control and at the same time insure development and sound
expansion.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter:
I find that :
(a) Snid Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, includingt
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitve practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
plo^'ees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
January 30, 1934. , Administrator.
CODE OF FAIR COMPETITION
FOR THE
MARINE AUXILIARY MACHINERY INDUSTRY
Article I
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Marine Auxiliary Machinery Industry and
upon approval by the President shall be the Standard of Fair Com-
petition for such Industry and shall be binding upon every member
thereof.
Article II — Definitions
The term " Marine Auxiliary Machinery Industry " as used herein
includes the manufacture for sale of machinery of the classes of
steering gears, windlasses, warping and cargo handling machinery,
towing machinerj^, airplane and boat cranes, and all other marine
deck machinery.
The term " employee " as used herein includes anyone engaged in
the Industry in any capacity receiving compensation for his services
irrespective of the nature or method of payment of such compen-
sation.
The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed.
The term "member of the Industry" includes anyone engaged
in the Industi'y as above defined either as an employer or on his
behalf.
The terms " President "', "Act ", and "Administrator " as used
herein mean, respectively, the President of the United States, the
National Industrial Recovery Act, and the Administrator of Title I
of said Act.
The term "Code Authority" as used herein means the body pro-
vided for in Article VI of this Code.
The term " effective date " as used herein means the tenth day
after the Code is approved by the President.
The term " learner " means an employee without previous experi-
ence on the class of work for which he is engaged, being trained to
become competent on one or more machine operations but who shall
not be so classified after ninety (90) days' experience.
Article III — Hours
1. No employee except executive, administrative, supervisory, and
technical employees who are paid at the rate of $35.00 or more per
(628)
629
week, traveling salesmen and outside service employees, shall be
permitted to work in excess of forty (40) hours in any one week, or
eight (8) hours in any one twenty-four-hour period.
2. No watchmen or firemen shall be permitted to work in excess
of forty-eight (48) hours per week.
3. The maximum hours fixed in Section 1 of this Article shall
not apply to any employee engaged in repair or break-down, or the
protection of life and property, or any emergency condition which
can not be adequately met by hiring additional employees, provided
that in all such cases at least one and one-half his regular rate shall
be paid to each employee for all time worked on Sundays and legal
holidays, or beyond the regular eight (8) hour per day or forty
(40) hour per week maximum stipulated in Section 1 of this Article.
No employer shall knowingly engage an employee for a time which
totaled with that already performed with another employer or em-
ployers exceeds the maxinumi permitted herein.
Article IV — Wages
1. The minimum wage that shall be paid by any employer to
an}' employee engaged in production and in labor operations di-
rectly incident thereto shall be not less than 400 per hour ; provided,
however, that learners (other than apprentices as defined in Sec-
tion 4 of this Article) may be paid not less than 80% of such mini-
mum wage, but the total number of learners employed by any
employer shall not exceed 5% of the total number of employees
employed by such employer covered b}^ the provision of this Section
1, and provided further that after three months of work in this
Industry learners shall be paid not less than the minimum wage
herein provided,
2. A person whose earning capacity is limited because of age or
physical or mental handicap, may be paid at a rate not less than 80%
of the minimum established by Sections 1 and 3 of this Article, if the
employer obtains from the state authority designated by the U.S.
Department of Labor, a certificate authorizing his employment at
such wages and for such hours as shall he stated in this certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him, which number of persons shall not exceed
6% of the total number of employees employed by such employer.
3. The minimum wage that shall be paid by an employer to all em-
ployees other than those described in Sections 1 and 2, Article IV,
shall be at the rate of $15.00 per week whether calculated on an
hourly, weekly, monthly, piecework, or any other basis in accord-
ance with the usual custom of the employer ; provided, however, that
office boys or girls may be paid at not less than 80% of such minimum
wage rate, but the total number of such office boys or girls employed
by any employer shall not exceed 5% of the total number of em-
pio3^ees employed by such employer covered by the provisions of
this section.
4. Subject to the right of the Administrator upon review to dis-
a])prove any such system or course of training, nothing in this
Article IV shall apply to or effect a bona fide apprentice employed
G30
under a system or course of training and which when completed will
make the apprentice a skilled mechanic. Provided the total number
of apprentices shall not exceed one apprentice to each five qualified
skilled mechanics in the particular trade or occupation for which
such apprentice is being trained. These apprentices shall be paid not
less than 80% of the minimum wage per Article IV, Section 1, and
for a period not to exceed two years from date of employment.
5. Not later than ninety days after the effective date of this Code
each emplo^^er shall report to the Administrator through the Code
Authority the action taken by such employer in adjusting wage
rates for all employees receiving more than the minimum wages
provided in Sections 1 and 3 of this Article IV, except executive,
administrative, supervisory, and technical emploj-^ees receiving $35.00
a week or more, and salesmen.
6. This Article establishes a minimum compensation, irrespective
of whether an employee is actually compensated on a time rate, piece-
work, or other basis.
Article V — Gexer.\l Labor Provisions
1. No person under sixteen years of age shall be employed in the
Industry, nor anyone under eighteen years of age at operations or
occupations hazardous in nature or detrimental to health. The
Code Authority shall submit to the Administrator within ninety
days from date of approval of Code a list of such operations and
occupations. In any state an employer shall be deemed to have com-
plied with this provision if he shall have on file a certificate or
permit duly issued b}' the authorit}' in such state empowered to issue
emploj'ment or age cerLificatcs or permits, showing that the employee
is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively 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 pur-
pose of collective bargaining, or other mutual aid or protection.
3. 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 his own choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
5. Within each state this Code shall not supersede any laws of
such state imposing more stringent requirements on employer reg-
ulating the age of employees, wages, hours of work, or health, fire, or
general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees as to defeat the purposes of the Act.
7. Each employer shall post in conspicuous places full copies of
this Code.
631
8. Labor agreements now in force between members of the In-
dubtry and their employees shall be affected only by such provisions
in this Code as may prescribe higher wages and shorter hours than
are provided for in such agreements.
Article YI — Administration
To further effectuate the policies of the Act, a Code Authority
is hereb}" constituted to administer this Code ; all acts of said Code
Authority are subject to the disapproval of the Administrator.
1. Organization and constitution of Code Authority.
(a) The Code Authority shall consist of not more than six indi-
viduals, five of whom shall be elected from among the members,
or officers of members of the Marine Auxiliarj'^ Machinery ISIanu-
f acturers Association, and one of whom shall be elected from among
the noimiembers or officers of nonmembers of said association, if
tliere be such nonmembers.
Each member of the Industry who has conformed with the pro-
visions for participation established in Section 3 of this Article VI
shall have equal vote in electing the members of the Code Authority.
The Administrator may, at his discretion, appoint not to exceed one
additional member without vote.
(b) The Marine Auxiliary Machinery Manufacturers Association
shall impose no inequitable restriction on membership and shall sub-
mit to the Administrator true copies of its articles of association,
bylaws, regulations, and any amendments when made thereto.
(c) The Code Authority shall elect its officers and engage such
agencies and assign to each such duties as it may deem advisable
subject to review by the Administrator. The Code Authority shall
provide its own rules of procedure and shall have full power and
authority for the administration of this Code to the extent per-
mitted by the Act and provided by the Code.
2. (a) The Code Authority may, from time to time, present to the
Administrator recommendations laased on conditions in this Industry
as they may develop which ^^■ill tend to effectuate the purposes of this
Code.
(b) The Code Authority shall conduct investigations as to the
functioning and observance of any provisions of this Code at its
own inbtance or upon complaint by any person to the extent per-
mitted by the Act.
(c) Members of the Industry shall file with the Code Authority
at such time and in such maimer as may be prescribed, statistics
covering number of employees, wage rates, employee earnings, hours
of work, and such other data as may be required for the administra-
tion of this Code.
3. Any member of the Industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to particijoate in the selection of the members thereof by assenting
to and complying with the requirements of the Code and sustaining
his reasonable share of the exjjenses of administration. The said
reasonable share of tlie expense of the administration shall be deter-
mined by the Code Authority, subject to review by the Adininistra-
632
tor, on the basis of volume of business and such other factors as
may be deemed equitable to be taken into consideration.
4. In addition to the information required to be submitted to the
Code Authority, there shall be furnished to GoA^ernment agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
Article VII — Trade Practices
The following practices are declared to be unfair methods of
competition and are prohibited :
1. Maliciously inducing or attempting to induce the breach of
an existing oral or written contract between a competitor and his
customer or source of supply, or interfering with or obstructing
the performance of any such contractual duties or service.
2. The publishing or circulating of threats or suits for infringe-
ment of patents, or trade marks, or of any other legal proceedings
not in good faith, with the tendency or effect of harassing com-
petitors or intimidating their, customers.
3. Securing confidential information concerning the business of a
competitor by a false or misleading statement, or representation by
a false impersonation of one in authority, by bribery, or by any
other unfair method.
4. The secret payment or allowance of rebates, refunds, commis-
sions, credits, or unearned discounts, whether in the form of money
or otherwise, or the secret extension to certain purchasers of special
service, or privileges not extended to all purchasers on like terms
and conditions.
5. Extending guarantees other than those due to defective mate-
rial or inferior workmanship, which guarantees in such excepted
cases shall not cover a greater period than one year after date of
installation.
6. The making, or causing, or knowingly permitting to be made,
or publishing any false, materially inaccurate, or deceptive state-
ment by way of advertisement or otherwise, whether concerning
the grade, quality, quantity, substance, character, nature, origin,
size, finish, or preparation of any product of the Industry, or the
credit terms, values, policies, or services of any member of the
Industry, or otherwise, having the tendency or capacity to mislead
or deceive customers or prospective customers.
7. Directly or indirectly giving or permitting to be given or offer-
ing to give money or anything of value to agents, employees, or
representatives of customers, or prospective customers, or to agents,
employees, or representatives of competitors' customers, or prospec-
tive customers, without knowledge of their employers or principals
as an inducement to influence their emplo3^ers or principals to pur-
chase or contract to purchase from the makers of such gift or offer,
or to influence such employers or principals to refrain from dealing
or contracting to deal with competitors. This provision shall not
be construed to prohibit free and general distribution of articles
commonly used for advertising except so far as such articles are
actually used for commercial bribery as hereinabove defined.
633
8. Selling under contracts which fail to specify the size and price
of the machine and equipment and any freight allowances, with
terms of payment.
9. Nothing in this Code shall limit the effect of any adjudication
by the Courts, or holding by the Federal Trade Commission, on com-
plaint, finding, and order that any practice or method is unfair, pro-
viding that such an adjudication or holding is not inconsistent with
an}^ provision of the Act or of this Code.
Article VIII — ^Modification
1. Such of the provisions of this Code as are not required to be
included therein by the Act may, with the approval of the President,
be modified or eliminated as changes in circumstances or experience
ma}" indicate. It is contemplated that from time to time, supple-
mentary provisions to this Code or additional Codes will be submitted
for the approval of the President to prevent unfair competition in
price and other unfair and destructive and competitive practices and
to effect the other purposes and policies of the Act.
2. The Code Authority shall, from time to time, make such recom-
mendations including amendments of the Code as in its judgment will
aid the effective administration of this Code or may be necessary to
effect the purpose of the Act. Such amendments, when approved by
the President, shall become part of this Code.
3. Violation of any provision of this Code is an unfair method of
competition and shall come within the scope of the penalties pre-
scribed by the law.
Article IX — Statistics
Except as otherwise provided in the Act all statistics, data, and in-
formation filed in accordance with the provisions of Article VI shall
be confidential, provided, however, that nothing herein shall pre-
vent the publication of general summaries of such statistics, data, and
information. The statistics, data, and information of one employer
shall not be revealed to any other employer except that for the pur-
pose of facilitating the administration of the provisions of this Code,
the Code Authority, by its duly authorized representatives and the
Administrator, shall have access to any or all statistics, data, or in-
formation that may be furnished in accordance with the provisions
of this Code.
Article X — x^ccgunting and Costing
Every member of the Industry shall use an accounting system
which conforms to the principles of and is at least as detailed and
complete as the uniform and standard method of accounting and the
uniform and standard method of costing to be fornuilated or ap-
proved by the Code Authority subject to the right of the Adminis-
trator upon review to approve or disapprove such method of ac-
counting and costing, with such variations therefrom as may be
required by the individual conditions affecting any member of the
Industry and as may be approved by the Code Authority subject
to the right of the Administrator upon review to approve or dis-
634
approve such method of accounting and costing, and made supple-
mentary to said formulated or approved methods of accounting and
costing.
Article XI — Sales Below Cost
(a) No member of the Industry shall sell or exchange any prod-
uct of his manufacture at a price or upon terms or conditions that
will result in the customer paying for the goods received less than
the cost to the seller determined in accordance with the uniform
and standard method of costing herein above described in Article
X with the following exceptions:
1. Slow-moving and/or obsolete stock on hand on June 16, 1933,
which must be sold at reduced prices to be moved. Members of the
Industry shall within thirty days after approval of Code make full
report of such stock on hand to the Code Authority, and shall also
report all sales of this material within thirty days after date of sale.
2. Obsolete stock not on hand June 16, 1933, subject to the approval
of the Code Authority.
(b) Provided, further, that the Code Authority, upon application
to it, may grant permission to any employer in the industry to sell
below his allowable cost in order to meet competitive prices filed in
accordance with the provisions of Article XI of this Code or to
meet competition on products of equivalent design, character, qual-
ity, or specification.
Article XII — Monopolies
No provision in this Code shall be interpreted or applied in such
a manner as to (a) promote monopolies, (b) permit or encourage
unfair competition, (c) eliminate or oppress small enterprises, (d)
discriminate against small enterprises.
Article XIII — Segregation or Industry
If any member of the Industry is also a member of any other
industry, the provisions of this Code shall apply to and affect only
that part of his business and employment which is included in this
Industry.
Article XIV — Rights of President
This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of subsection (b) of Section 10 of the Act, from time to time to can-
cel or modify any order, approval, license, rule, or regulation issued
under Title I of said Act, and specifically, but without limitation, to
the right of the President to cancel or modify his approval of this
Code or any conditions imposed by him upon his approval thereof.
Article XV — Effective Date
This Code shall become effective on the tenth day after its
approval by the President.
Approved Code No. 242.
Kegistry No. 1340-01.
o
Approved Code No. 243
CODE OF FAIR COMPETITION
FOR THE
SLIDE FASTENER INDUSTRY
As Approved on January 31, 1934
ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
SLIDE FASTENER INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Slide Fastener Industry, and hearings
having been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me bv Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided that the con-
tinued participation of the Slide Fastener Manufacturers Association
of America in the Code Authority after thirty days from the effective
date of this Code shall be contingent upon its amending its con-
stitution and bylaws to the satisfaction of the Administrator; and
further provided that the provisions of Article VII (Rule 2), insofar
87107° 313-168 34 (035)
636
as they prescribe a waiting period between the filing with the Code
Authority and the effective date of revised price lists or revised
terms and conditions of sale be and they are hereby stayed pending
my further Order either within a period 'of sixtj'^ days from the
effective date of this Code or after the completion of a study of
open price associations now being conducted by the National Re-
covery Administration.
Hugh S. Johnson,
Achninwtrator for Industrial Recovery.
Approval recommended :
W. A. Harriman,
Division Administrator.
AVashington, D.C,
January 31, 193 Jj..
The President,
The White Eou^e.
Sir: This is a report on the Code of Fair Competition for the
Slide Fastener Industry, and on the hearing conducted thereon in
"Washington, D.C., on December 13, 1933, in accordance with the
provisions of the National Industrial Recovery Act.
RESUME OF LABOR PROVISIONS
Office employees shall not be permitted to work in excess of a
four-week average of 40 hours per week, nor in excess of 48 hours
in any one week.
A limited number of employees engaged in emergency maintenance
or repair work, and highly skilled employees, the restriction of
whose working hours would necessarily restrict production or the
employment of others, may work not to exceed 40 hours per week
averaged over a period of 26 weeks, but time and one half shall be
paid for such work in excess of 40 hours per week, except that during
periods of peak or breakdown demand, necessary overtime may be
worked, but not to exceed 48 hours in any one week or 96 hours in
any six months' period. Time and one half shall be paid for work
in excess of 8 hours per day or 40 hours per week.
These provisions shall not apply to outside salesmen or to persons
employed in a managerial, executive, or advisory capacity, or in a
capacity of sole responsibility, who receive more than $35 per we^k ;
nor shall they apply to watchmen, who may be employed not to
exceed 42 hours per week averaged over any period of 13 consecutive
weeks.
The minimum wage for all employees shall be 40^ per hour for
males and 371/20 per hour for females, except that a limited number
of learners and apprentices may, for a limited period of time, be
paid at the rate of 321/20 per hour. Female employees performing
substantially the same work as male employees are performing under
substantially the same conditions shall receive the same rate of pay ;
provided, however, that Avhere an}^ law prohibits the employment
of females during night hours, work performed at night shall be
considered to be performed under substantially different conditions
from the same work during the day.
Equitable adjustments in all pay schedules of all employees above
the minimum shall be made on or before the effective date of the
Code by employers who have not heretofore made such adjustments.
No pei*son under 16 years of age shall be employed in the Industry
and no person under 18 years of age shall be eniploj^ed in operations
or occupations which are hazardous in nature or dangerous to health.
GENERAL STATEMENT
This Industry is engaged in the manufacture of slide fasteners,
more popularly known as '* zippers." Practically the entire produc-
(637)
638
tion of the Industry is sold as manufactured material to a trade
consisting of concerns which, themselves, are manufacturers in a.
wide variety of lines, among which are included manufacturers of
clothing of a great variety, the leather products industry, the ladies'
handbag industry, and the footwear industry. In such industries as
the clothing and the leather manufacturing industry, there are lit-
erally hundreds of different articles of merchandise in which slide
fasteners are employed.
The following statistics are submitted by the Slide Fastener Manu-
facturers Association of America, to which all known members of
the Industry belong.
Number of
employees
Minimum
hourly
wage
Maximum
weekly
hours
Weekly
pay roll
Invested
capital
Dollar
sales
1928
671
924
1,034
1,220
1,309
$0,256
.238
.238
.223
.217
61.6
67.5
66.3
67.7
68.6
$18, 200
23, 350
24, 050
29, 850
30,100
$2, 478, 167
3, 273, 758
4, 365, 136
5, 758, 482
6, 064, 564
6,812,396
$2, 565, 092
1929 --- -
4, 237, 837
1930
4, 997, 211
1931 -
6, 355, 384
1932 - - -
4, 948, 097
1933 -.
7, 360, 025
January
1,182
1,262
1,726
.220
.211
.343
67.0
65.4
44.2
28, 500
28,700
March . .
November ..
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter :
I find that :
(a) The Code will promote the policies and purposes of Title I
of the Act, including removal of obstructions to the free flow of
interstate and foreign commerce which tend to diminish the amount
thereof and will provide for the general welfare by promoting the
organization of industry for the purpose of cooperative action among
the trade groups, by inducing and maintaining united action of
labor and management under adequate governmental sanctions and
supervi-sion, by eliminating unfair comjDetitive practices, by pro-
moting the fullest possible utilization of the present productive
capacity of industries, by avoiding undue restriction of production
(except as may be temporarily required), by increasing the consump-
tion of industrial and agricultural products through increasing pur-
chasing power, by reducing and relieving unemployment, by im-
proving standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ploA'ees and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of Title I of the Act, including without limitation
Subsection {a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) oi Section 10 thereof; and that the applicant group is
an industrial group truly rej^resentative of the aforesaid Industry;
and that said group imposes no inequitable restrictions on admission
to membership therein.
639
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other st^ps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code, subject
to the following condition : that the continued participation of the
Slide Fastener Manufacturers Association of America in the Code
Authority after thirty clays from the effective date of this Code shall
be contingent upon its amending its constitution and bylaws to the
satisfaction of the Administrator.
Respectfully,
Hugh S. Johnson,
Adininistrator.
January 31, 1934.
CODE OF FAIR COMPETITION
FOR THE
SLIDE FASTENER INDUSTRY
Aeticle I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Slide Fastener Industry, and shall be
the standards of fair competition for such Industry and shall be
binding upon every member thereof.
Article II — Definitions
The term " Industry " as used herein includes and means the
manufacture and sale of slide fasteners in the United States or its
possessions, and such branches or subdivisions thereof as may from
time to time be included under the provisions of this Code by the
President after such notice and hearing as he may prescribe.
The term " slide fastener " as used herein is defined to mean that
form of fastening device which includes a pair of rows of inter-
engageable fastening elements which may be engaged or disengaged
by a member slidable along the rows.
The term " member of the Industry " means and includes, but
without limitation, any individual, partnership, association, cor-
poration, receiver, or other person engaged in the Industry, either
as an emploj^er or on his own behalf.
The term " employee " as used herein means and includes any and
all persons engaged in the Industry except a member of the Industry,
however compensated.
The term " employer " as used herein means and includes but
without limitation all individuals, partnerships, associations, trusts,
corporations, and receivers in the Industry by whom such employees
are employed.
The terms "President", "Act", and "Administrator" as used
herein shall mean, respectively, the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
Population for the purposes of this Co(Je shall be determined by
reference to the latest Federal Census.
Article III — Hours
Section 1. No accounting, clerical, or office employees shall work
or be permitted to work more than forty (40) hours per week aver-
aged over any period of four (4) consecutive weeks nor more than
forty-eight (48) hours in any one week.
Sec. 2. No employee, except accounting, clerical, or office em-
ployees, shall work or be permitted to work in excess of forty (40)
(640)
641
hours per week, provided however, that this limitation of maximum
weekly hours shall not apply under temporary conditions where
seasonal or peak demand or break-down imposes an unusual and
temporary burden, in which case such number of hours may be
worked as are required by the necessity of the situation not to exceed
forty-eight (48) hours in any one week nor overtime in any six (6)
months' period in excess of ninety-six (96) hours, provided further,
that time and one half or rate and one half, as the case may be, shall
be paid for all time worked in excess of eight (8) hours in any one
day of forty (40) hours in any one week.
Sec. 3. The maximum hours fixed in Section 2 of this Article shall
not appl}'^ to employees engaged in emergency, maintenance, or repair
work, nor to highly skilled employees, the restriction of whose work-
ing hours would necessarily restrict production or the employment
of others, but the number of emploj'ees subject to this Section shall
not at any time exceed fifteen (15) per cent of the total number of
employees of any employer, and in any such case at least time and
one half or rate and one half, as the case may be, shall be paid
for hours worked in excess of forty (40) hours in any one week;
provided however, the number of hours of actual employment of
any such employee shall not exceed an average of forty (40) hours
per week over a period of twenty-six (26) consecutive weeks.
Sec. 4. The foregoing provisions of this Article shall not apply to
outside salesmen or to persons employed in a managerial, executive
or supervisory capacity, or in a capacity of sole responsibility, receiv-
ing more than thirty-five dollars ($35.00) per week, nor shall they
apply to watchmen, provided, however, that watchmen shall not be
employed in excess of forty -two hours per week, averaged over any
period of thirteen (13) consecutive weeks.
Sec. 5. Xo employee shall work, or shall knowingly be permitted
by an employer to work, for a total number of hours in excess of the
number of hours prescribed for each week or day, whether employed
by one or more employers.
Article IV — ^Wages
Section 1. Oifice Employees. — No accounting, clerical or office em-
ployee shall be paid less than at the rate of fifteen dollars ($15.00) per
week in anj' city of over five hundred thousand (500,000) population,
or in the immediate trade area of such city ; nor less than at the rate
of fourteen dollars and fifty cents ($14.50) per week in any city of
between two hundred fifty thousand (250,000) and five hundred thou-
sand (500,000) population, or in the immediate trade area of such
city; nor less than at the rate of fourteen dollars ($14.00) per week
for cities or towns of less than two hundred fifty thousand (250,000)
population.
Sec. 2. Factory and Other Employees. — The minimum wage of any
employee, excepting accounting, clerical or office employees and learn-
ers and apprentices, shall be forty cents (400) per hour for males and
thirty-seven and one half cents (371/20) per hour for females. Fe-
male employees performing substantially the same work as male em-
ployees are ^performing imder substantially the same conditions shall
receive the same rate of pay ; provided, however, that where any law
prohibits the employment of females durmg night hours, work per-
642
formed at night shall be considered to be performed under substan-
tially different conditions from the same work performed during the
day. When during periods of slump production male employees are
transferred temporarily from work carrying a higher rate of pay to
work carrying a lower rate of pay and ordinarily performed only by
females, the above specified differentials in minimum rates may apply
as between males and females who may thus as a consequence be tem-
porarily performing substantially the same work under substantially
the same conditions. The Code Authority shall within ninetj'^ days
after the effective date of this Code file with the Administrator a
description of all operations in the Industry in which both men and
women are employed.
Seo. 3. The minimum wage for learners and apprentices shall be
thirty-two and one half (321/^^) cents per hour; provided, however,
that learners on piece-rate operations whose earnings exceed the above
minimum shall be paid the full amount they actually earn, and pro-
vided, further, that learners and apprentices employed by any indi-
vidual employer shall not collectively exceed ten percent (10%) of
the total number of employees of such employer. No employee shall
be considered a learner after eight weeks of employment by any em-
ployer, and no employee who has been employed for eight weeks or
longer shall be reengaged by the same employer as a learner.
Sec. 4. All apprentices receiving less than the minimum wage of
forty cents (40fS) per hour must be under the age of twenty-one (21)
years and under written contract with an employer covering a definite
period of instruction in any specific craft recognized by the American
Federation of Labor.
Sec. 5. Any person whose earning capacity is limited because of age
or physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate autliorizing his employment at such
wages and for such hours as shall be stated in the certificate. Such
Authority shall be guided by the instructions of the United States
Department of Labor in issuing certificates to such persons. Each
employer shall file with the Code Authority a list of all such persons
employed by him.
Sec. 6. Guaranteed Minimuin. — This Article establishes a minimum
rate of pay which shall applj'-, irrespective of whether an employee is
actually compensated on a time rate, piecework, or other basis.
Sec. 7. Wage Adpistinents. — Equitable adjustments in all pay sched-
ules of all employees above the minimum shall be made on or before
the effective date of the Code by employers who have not heretofore
made such adjustments and the first monthly reports of wages re-
quired to be filed under the Code shall contain all wage increases
since June 16, 1933.
Article V — General Labor Provisions
Section 1. Child Labor Provisions. — No person under sixteen (16)
years of age shall be employed in the Industry. No person under
eighteen (18) years of age shall be employed at operations or occu-
pations which are hazardous in nature or dangerous to health.
i.Within ninety (90) days from the effective date of this Code each
643
niomber of the Tnrlnstry shall furnish to the Code Authority, herein
provided, a list of the hazardous occupations, operations, and ma-
chines in its plants.
Sec. 2. Provisions from the Act. — (a) Employees shall have the
ris^ht to organize and bargain collectively through representatives
of their own choosing and shall be free from the interference, re-
straint, 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.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
mininuim rates of pay, and other conditions of employment ap-
proved or prescribed hy the President.
Sec. 3. Reclassi-fl<^ation of Employees. — No employer shall re-
classify employees or duties of occupations performed or engage in
any other subterfuge for the purpose of defeating the provisions of
the Act or of this Code.
Sec. 4. State Laics. — No provisions in this Code shall supersede
any law within any State which imposes more stringent requirements
on employers as to age of employees, wages, hours of work, or as
to safety, health, or sanitary conditions, or insurance, or fire protec-
tion, or general working conditions, than are imposed by this Code.
Sec. 5. Posting. — All employers shall post complete copies of this
Code in conspicuous places accessible to all employees.
Article VI — Organization, Poavers, and Duties of the Code
Authority
Section 1. Organization. — A Code Authority is hereby constituted
to cooperate with the Administrator in the administration of this
Code.
Sec. 2. The Code Authority shall consist of five (5) members ap-
pointed by the President of the Slide Fastener Manufacturers' Asso-
ciation of' America, subject to the approval of the Board of Directors
of the Association, but no more than one member shall be appointed
from one member of the Industry. Each duly appointed member
of the Code Authority may designate, with the approval of the Code
Authority, an alternate member who may act as a member of the
Code Authority in the absence of the appointed member desig-
nating him.
In addition, the Administrator may appoint not to exceed three
(3) members of the Code Authority without vote who shall serve
for terms of from six months to one year and whose terms of appoint-
ment shall be so arranged that they do not expire at the same time.
The representatives who may be appointed by the Administrator
shall be given notice of and may sit at all meetings of the Code
Authority.^
1 See paragraph 2 of order approving this Code.
644
Seo. 8. The Slide Fastener Manufacturers' Association shall (1)
Impose no inequitable restrictions on membership and (2) submit to
the Administrator true copies of its articles of association, bylaws,
regulations, and any amendments when made thereto, together Avith
6uch other information as to membership, organization, and activities
as the Administrator may deem necessary to effectuate the purposes
of the Act.
Sec. 4. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper ; and thereafter if he shall find that the Code
Authority is not tridy representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority, or
any sub-Code Authority.
Sec. 5. Members of the Industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority by
assenting to and compl3dng with the requirements of this Code and
sustaining their reasonable share of the expenses of its administra-
tion. Such reasonable share of the expenses of administration shall
be determined by the Code Authority, subject to review by the Ad-
ministrator, on the basis of such factors as may be deemed equitable.
Seo. 6. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose.
Sec. 7. Powers and Duties. — The Code Authority shall have the
following powers and duties to the extent permitted by the Act,
subject to the right of the Administrator, on review, to disapprove
any action taken by the Code Authority.
A. POWERS
(a) To use such trade associations and other agencies as it deems
E roper for the carrying out of any of its activities p)rovided for
erein and to pay such trade associations and agencies the cost
thereof J provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(b) To coordinate the administration of this Code with such other
codes, if any, as may be related to the Industry, or any subdivision
thereof, and to delegate to any other administrative authority, with
the approval of the Administrator, such powers as will promote joint
and harmonious action upon matters of common interest.
(c) To secure an equitable and proportionate payment of the
expenses of maintaining the Code Authority and its activities from
those members of the Industry who accept the benefits of the activ-
ities of the Code Authority or otherwise assent to this Code.
(d) To make recommendations for fair trade practices, including
jH'ovisions against selling below cost, and otherwise to assist the
Administrator in effecting- the purpose of this Code and Act. Any
such recommendation upon the approval of the Administrator, after
s:uch hearing and notice as he shall prescribe, shall become part of
this Code.
(e) To initiate, consider and make recommendations for the modi-
fication or amendment of this Code.
645
B. DUTIES
(a) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code, in accord-
ance with the powers herein granted, and to submit the same to the
Administrator for his approval together with true copies of any
amendments or additions when made thereto, minutes of meetings
when held, and such other information as to its activities as the
Administrator may deem necessary to effect the purposes of the
Act.
(b) To obtain through a confidential agency from members of
the Industry periodical reports in such form and at such times with
respect to wages, hours of labor, conditions of employment, number
of employees, and such other matters pertinent to the purposes of
this Code as the Code Authority, with the approval of the Adminis-
trator, may require for the administration and enforcement of this
Code, and to submit reports to the Administrator in such form and
at such times as he may require in order that the President may
be informed as to the observance or nonobservance of this Code and
to further effectuate the policies of the Act. The confidential agency
shall be an accountant or firm of accountants of national reputation
and all reports received by such confidential agency shall be held as
secret and confidential and disclosed to no person, except that they
shall be made available to the Administrator on request to the
Code Authority. Such agency shall analyze, digest, and consolidate
such reports and except as provided above shall disclose, but only
to the Code Authority, general findings based thereon and necessary
to the administration of the Code. Wliere a specific investigation
is required by the Code Authority of any member of the Industry to
determine whether or not such member has violated Trade Practice
Rule 1 of this Code, the agency for such investigation shall be one
of not less than three accountants or firms of accountants nominated
by such member of the Industry, but in the absence of such nomina-
tion after notice from the Code Authority, the Code Authority
may select such agency on its own initiative. Any accountant or
firm of accountants selected or nominated to act under the pro-
visions of this section shall be a certified public accountant or firm
of certified public accountants or an accountant or firm of account-
ants having the equivalent in qualifications and ability of a certified
public accountant; provided, however, that as to any service to be
performed in any particular State or Governmental subdivision of
the United States, such accountant or firm of accountants in any
event shall have qualifications required by law in such State or
Governmental subdivision of the United States for the performance
of such service.
(c) To receive complaints of violations of this Code, make inves-
tigations thereof, provide hearings thereon, and adjust such com-
plaints, and bring to the attention of the Administrator for prosecu-
tion, recommendations and information relative to unadjusted
violations.
(d) To cooperate with the Administrator in regulating the use
of the N.R.A. Code Insignia solely by those employers who have
agreed to, and are complying with this Code.
646
Sec. 8. General Ad-nvmistrative Provision. — In addition to the in-
formation required to be submitted to the Code Authority as set
forth in this Article there shall be furnished to government agencies
Buch statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the National Indus-
trial Recovery Act.
Article VII — Trade Practice Rules
General Defmition^. — For all purposes of the Code, violation of
the following rules described in this Article shall constitute unfair
practices. Any member of the Industry who shall directly, or indi-
rectly, through any officer, employee, agent, or representative, know-
ingly use, employ, or permit to be employed, any of such unfair prac-
tices, shall be guilty of a violation of the Code.
Rule 1. Selling Below Cost. — No member of the Industry shall
sell or exchange any slide fastener or part thereof below the cost
thereof to that individual member. Such cost shall include all labor
charges at rates provided for under this Code, whether such slide
fastener in whole or in part is produced in the United States or
elsewhere. However, any member may meet the price competition
of any competitor in this Industi-y whose costs under this Code pro-
vision are lower than his own. Cost shall be determined in accord-
ance with the principles enumerated in any standard cost system
formulated by the Code Authority with the approval of the
Administrator.
Rule 2. Price Lists. — Each member of the Industry shall print
and shall publish a list showing its own sale prices of first-quality
slide fasteners and parts thereof. Each such list shall bear the date
of issue thereof and/or the effective date thereof and shall include
a schedule of terms of payment and of all discounts which may be
offered to the trade by the member publishing the list. As respects
any slide fasteners sold or delivered by any member of the Industry
for use or consumption in the United States, no quotation or grant
of prices lower or terms of payment or discounts more favorable
shall be made than those set forth in such member's price list then
in effect for first-quality slide fasteners. No member of the Indus-
try shall make any change or alteration in any item or detail of its
own published price list including prices, terms of payment and dis-
counts, without having given the Code Authority ten days' advance
notice in writing of any such change or alteration and without hav-
ing delivered to the Code Authority at the time of filing such notice
a supply of such member's new printed price lists or a supply of cor-
rection or alteration memoranda setting forth such change and the
effective date thereof, which supply shall be in number sufficient to
enable the Code Authority to deliver a copy thereof to each member
of the Industry. The Code Authority shall so deliver a copy to each
member of the Industry immediately upon receipt thereof, and each
member of the Industry may thereupon alter or change its own price
list effective not earlier than the effective date of the change as to
which notice was given to the Code Authority as above provided, but
in each such case copies of the new printed price list or of the mem-
orandum of change or alteration in tlie old price list shall forthwith
be furnished to the Code Authority in quantities sufficient for supply-
647
ing copies thereof to each member of the Industry. Nothing in this
Rule 2 shall apply to sales of slide fasteners by one member of the
Industry to another member of the Industry .^
Rule 3. False Billing. — No member of the Industry shall deliver
to any customer a greater number of complete slide-fastener units
or parts thereof than are billed and charged to such customer in the
transaction under which such delivery is made. No member of the
Industry sliall grant any rebate on the price billed and charged to
a customer or deliver to a customer at a price lower than the regular
price thereof, or free of charge, any other kind of merchandise other
than slide fasteners, or parts thereof, as an inducement to purchase
slide fasteners.
Article VIII — ISIgdification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modif}^ any order, approval, license, rule, or regu-
lation issued under Title I of said Act, and specifically, but without
limitation, to the right of the President to cancel or modify his
approval of this Code or any conditions imposed by him upon his
approval thereof.
Sec. 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Admin-
istrator and such notice and hearing as he shall specify, and to be-
come effective on approval of the Administrator.
Article IX — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
Article X — Price Increases
AVhereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed. But when made such increases should, so far
as possible, be limited to actual additional increases in the seller's
costs.
Article XI — Effective Date
This Code shall become effective on the second Monday after ita
approval by the President.
This Code shall cease to be in effect when the Act ceases to be
in effect.
Approved Code No. 243.
Registry No. 1122-1-05.
« See paragraph 2 of order approving this Code.
o
Approved Code No. 244
CODE OF FAIR COMPETITION
FOR THE
CONSTRUCTION INDUSTRY
As Approved on January 31, 1934
BY
PRESIDENT ROOSEVELT
Executive Order
Code or Fair CoMrExiTioN for the Construction Industry
An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recoveiy Act, approved June IG, 1933, for my approval of a Code
of .Fair Competition for the Construction Industry, and hearings
having been held thereon and the Administrator having rendered his
report containing an analysis of the said Code of Fair Competition
together with his recommendations and findings with respect thereto,
and the Administrator having found that the said Code of Fair
Competition complies in all respects with the pertinent provisions
of Title I of said Act and that the requirements of Clauses (1) and
(2) of Sub.-ection (a) of Section 3 of the said Act have been met:
NOW, THEREFORE. I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do approve the report and recommendations and adopt
the findings of the Administrator and do order that the said Code
of Fair Competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended :
Hugh S. Johnson,
Administrator.
The White House,
January 31, 193 ^,
29048" 296-107 34 (G49)
The Pkepident,
The White House.
Sir:
A proposed Code of Fair Competition for the Construction Indus-
try ^Yas suljniitted to the Administrator on Aufjust 7, 1933. b}^ The
Construction Leafiue of the United States. The hearing was con-
ducted in Washington on September 6. 1933. The Code was revised
during the recess of this hearing and a reconvened hearing was
held November 20, 1933.
At the conclusion of the reconvened hearing, I appointed a com-
mittee to report on this Code. This committee was composed of
representatives from this Administration and from the interested
employer and employee groups and associations.
The deliberations of this committee were very helpful, but cer-
tain controversial points were not satisfactorily adjusted. The con-
troversial points in the Code have now been satisfactorily adjusted
and the Code, as now submitted to you, has the approval of both
employer and employee groups.
In addition to the establishment of a Construction Code Author-
ity to administer the Code generally, the Code provides for the
establishment of Construction Phmninji and Adjustment Boards.
'Jlie National Construction Pumning ami Adjus;men'" I))a?"*l will
consist of ten persons to be selected by the Construction Code Author-
ity and ten persons v/iJl be selected by the Labor Advisory Board
from nominations of the Construction employee organizations, and
a disinterested ch^Tirman will be selected by the President upon the
recommendation of the Administrator.
This Board will have the authority to estrblish subsidiary re-
gio'-al boards to b? k'K)\vn as Re.Q'ional Construction Planning and
Adjustment Boards providing equal representation of emjdoyer and
■oraployee groups. Such actions as they may see fit to take are sub-
ject to final determination by the National Construction Planning
and Adjustment Board.
The e;4ab]ishment of these Boards is of prime importance as they
provide a method by which Industry and Labor may meet on com-
mon ground for the' purpose of planning for the entire industry and
for the adjustment of such disputes as may b-^ submitted to them.
They will make jDos'^ible the cooperation of employers and employees
in ail matters pertaining to their relations, and to all matters perti-
nent to the Industry.
The provisions of the Code providing for these Boards do not,
however, make it mandatory upon the part of anyone to submit
their problems to these Boards nor mandatory upon the part of the
Boards to accei)t for adju tment such problems.
Provh^ons of code as to vmges and hours. — To effectuate the
policy of Title I of the Act, this Code provides for collective bar-
gaining between truly representative groups or associations of em-
(650)
651
ploj'ers and employees for a specifically defined refjjion or locality.
The entire Ignited State? may lie defined a^ a refrion. Mutual airree-
ments so reached as to hours of labor, rates of pay, and other condi-
tions relatino: to occupations or types of operations, when approved
by the President, become the standard of hours of labor, rates of
l^ay, and other conditions of employment. After the President's
approval of such mutual a<Treements, it becomes prima facie unfair
competition for an employer to fail to comply with these a<]jreements,
arrived at through collective barjiaininc;. The Administrator will
establish such boards (comi)osed of employers and employees) as are
necessary to investigate all complaints as to such unfair practice
arisino^ under such agreements.
In regions or localities where no such mutual agreement has been
approved, tlie following maximum hours and minimum rates of pay
will prevail: The maximum hours are limited to 40 hours ])er week
for laborers, accounting, clerical, and office employees. Upon the
ap])roval by the Xational Planning and Adjustnient Board, work-
ing hours not exceeding 48 hours per week may be allowed on
projects so remote and inacce-=sible that camps and floating plants
are necessary for housing or boarding of the majority of the labor
employed, or on such projects when working time has been lost be-
cause of inclement weather or unavoidable delays, or on projects in
localities where a sufficient amount of qualified labor is not available
in the inunediate vicinity of the work. Hours for accounting, cleri-
cal, or ofHce eni]iloyees are flexible during a four-week period.
The following classes of employees are exempted from the max-
imum hourly provisions of the Code :
(a) Employees engaged in professional, executive, or supervisory
work.
(b) Employees in establishments employing not more than two
(2) persons in towns of less than 2,500 population, which towns are
not part of a larger trade area.
(c) Employees engaged in emergency work, involving breakdowns
or i)rotec(ion of life or property.
(d) Watchmen.
(e) Other employees who may be exempted in chapters of this
Code sjiecifically ap]~)!ic'able only to the divisions or subdivisions
of the industry therein defined.
No evasion of this Code by reclassifications of workers can be
permitted.
The minimum wage rate, varying from $15.00 to $12.00 for ac-
♦'onnting, oflice, and clerical employees, is based on j)o])ulation dif-
t'.ientials. For laborers, the minimum rate is 40^ per hour and shall
not be construed as establishing a minimum rate of pay for other
than common or unskilled labor and shall not be construed to au-
thorize reductions in existing rates of i)ay.
Xo minor under the age of 16 years of age shall be employed.
ECONOMIC EFFIXT OF THE CODE
Very great potential economic benefits for the Construction Tn-
dustry are assured by this Cotle for tlie Construction Industry
especially in view of its ])roposed supplementary chapters for the
several functional divisions of the industry.
652
The Code gives to the Construction Industrjr, for the first time^.
the power of coordinated action, which may be used to check the
violent fluctuations in volume of construction, ranging from 100%
above to 50% below normal requirements, and work toward stabiliza-
tion based upon demand ; to unify the Industry, locally,, regionally,,
and nationally for self-government; and to provide unit}^ of action
in meeting national emergecies.
The provisions of the Code designed to prevent practices known.
as '' bid shopping " and " bid peddling " wmII be productive of fair
competition in contracting for construction work. These provisions,,
in conjunction with the provisions as to area agreements concerning
labor conditions, should greatly facilitate strict adherence by all
members of the Industry to such Code provisions as those intendeds
to prevent " bid shopping " and " bid peddling " and thus tend to-
create equally the same conditions for labor and members of the
Industry.
Return to normal volume in the Industry can result only through,
investment of private capital in construction. The increased cost
of construction, due to an immediate increase in wage rates, will not
be productive of private construction work at the present time-
Such work is optional and depends to a large extent on the relation-
ship of current construction cost to anticipated net incon^ie or future
increnent in value. In these circumstances, further limitation on
liours will have little effect on increasing employment as construc-
tion volume has sunk to such low levels that it is impossible to spread
the small amount of work among a greater number of people without,
reducing all wage payments below a living minimum wage.
The second largest industry in the nation has as yet shown no:
signs of recovery under the National Recovery Program although
capable of jiutting more than half of the remaining unemployed
back to work. This Code for the Construction Industry with its.
main and proposed supplementary chapters provides, for the first
time, machinery which could operate according to an unified plan
both to aid immediately in the recovery movement and to begin tiie-
long-term stabilization of the Construction Industry.
FINDINGS
The Division Administrator in his final report to me on said Code-
having found as herein set forth and on the basis of ail the proceed-
ings in this matter:
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustr}^ for tlie purpose of cooperative action among the trade groups,,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,,
by avoiding undue restriction of production (except as. may be
653
temporarily reqiiirecl), by increasing the consumption of industrial
and agricultural ))roducts through increasing purchasing power,,
hy reducing and relieving unemployment, by improving standards
lof labor, and by otherwise rehabilitating industry'.
(b) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
'ciations are industrial associations truly representative of the afore-
said Industry ; and that said associations impose no inequitable re-
;strictions on admission to membership therein,
(c) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(d) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
'Code.
For these reasons, therefore, I recommend approval of this Code.
Respectfully,
Hugh S. Johnson,
Admin istrator.
January 31, 193 Jf^
CODE OF FAIR COMPETITION
FOR THE
CONSTRUCTION INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Construction Industry, and shall be the
standard of fair competition for this industry and shall be binding
upon every member thereof.
CHAPTER I— GENERAL PROVISIONS
Article I — Application
The provisions of this Code shall apply to the entire industry as
hereinafter defined, excluding operations therein undertaken in
accordance with bona fide bids made not more than sixty (60) days
prior to the effective date, or contracts entered into prior to ihe
effective date; except that the provisions of each chapter incor-
porated in this Code shall apply only to tlie division or subdivision
of the Industry defined in such chapter. In the case of conflict be-
tween such chapter provisions and the general provisions of this
Code, the chapter provisions shall govern. If any other code of
fair competition or a provision thereof, heretofore or hereafter ap-
proved by the President, shall conflict with this Code or with any
provisions thereof, the Administrator may hold such hearings as he
may deem necessary and thereafter may, if in his judgment justice
requires, grant such stay, exception, or exemption or make such other
determination as he may deem advisable to effectuate the policies
of the Act.
Article II — Definitions
Section 1. The term " construction industry " or " the industry "
as used herein shall include the designing and the constructing of
(and the installing and the applying, including the assembling at
the site, of manufactured parts and products incorporated in and
to) :
(a) building structures, including modifications thereof and fixed
construction accessory thereto, intended for use as shelter; and
other
(b) fixed structures and other fixed improvements and modifica-
tions thereof, intended for use in industry, commerce, sanitation,
transportation, connnunication, flood control, power development,
reclamation, and other similar projects or services; and such related
divisions or subdivisions thereof as may be defined in chapters
hereof and included hereunder with the approval of the President.
(654)
Sec. 2. The term " division of the industry " or " division " as used
herein shall mean a branch of the industry which has been or may
hereafter be defined in a particular chapter of this Code. The
term " subdivision of the industry " or " subdivision " shall mean
a defined section of a division,
8ec. 3. The term '' member of the industry ", as used herein,
includes any individual or form of organization or enterprise en-
gaged in any phase, or undertaking to perform any of the functions
of the industry as defined in Section 1 hereof, either as an employer
or on his own behalf, including also but without limitation, archi-
tects, engineers, contractors, and subcontractors.
Sec. 4. The term '' member of the division " or " member of the
subdivision " includes any member of the industry engaged in one of
the divisions or subdivisions of the industry now or hereafter
established.
Sec. 5. The term " employee ", as used herein, shall include any
person engaged in any phase of the industr}^, however compensated,
but excluding members of the industry.
Sec. 6. The term " emploj-er ", as used herein, includes anyone by
whom any such employee is compensated or employed.
Sec. T. The terms ''"President", "Act", and "Administrator", as
used herein, shall mean, respectively, the President of the United
States, the National Industrial Recovery Act, and the Administrator
of Title I of said Act.
Src. 8. Tl:e t;~rm '•c.Tcctive date", as used herein, shall mean the
thirtieth (3(Jth) day after the approval of this Code by the Presi-
dent, provided that in respect of a particular division an earlier
elfective date may be specified in the Chapter applicable to such
division.
Sec. 9. The term " sponsors of the Code " as used herein means the
following national associations of members of the industry, which
ha\e applied for the apx3roval of this Code and signified their assent
thereto :
1. Construction League of the United States.
2. American Institute of Architects.
3. American Society of Civil Engineers.
4. Associated General Contractors of America.
5. Internationiil Society of Master Painters and Decorators, Inc.
6. Heating, Piping and Air Conditioning Contractors National
Association.
7. Cement-Gun Contractors Association.
8. National Building Granite Quarries Association.
9. Contracting Plasterers International Association.
10. Tile and ]\Iantel Contnictors Association of America.
11. National Association of Master Plumbers of the U.S.
12. National Elevator Manufacturing Industry.
13. Hoofing and Sheet ^letal Industries Conference.
14. jNIason Contractors Association of the U.S. and Canada.
15. American Road Builders Association.
IG. National Association of Metal Furring and Lathing Contractors.
17. Asbestos Contractors National Association.
18. National Association of Building Trades Employers.
29048" 296-107 34 2
656
19. National Association of Builders Exchanges.
20. American Construction Council.
and such other national associations of members of the industry as
shall in like fashion hereafter sponsor additional chapters of this
Code.
Sec. 10. The term " this Code " as used herein shall mean and in-
clude, unless the context clearly indicates otherwise, all chapters
from time to time included herein, together with any modifications
or amendments thereto.
Si^c. 11. Population, for purposes of this Code, shall be determined
by reference to the 1930 Federal Census.
Article III — Hours, Wages, and Conditions or Employment
Section 1. In each division or subdivision of the industry, as de-
fined in the chapter incorporated in this Code relating thereto, truly
representative associations or groups of employers and emploj^ees
respectively concerned, after proper notice and hearing and as a
result of bona fide collective bargaining, may establish by mutual
agreement (when approved by the President as provided in Section
7 (b) of the Act), for a specifically defined region or locality the
standards of hours of labor, rates of pay, and such other conditions
of employment, relating to occupations or types of operations in
such division or subdivision, as may be necessary to effectuate the
policy of Title I of the Act. For the purposes of this Section, the
entire United States may be defined as a region. The terms of such
an agreement between the employers and employees of a division
or subdivision of the industry shall not be binding upon the em-
ployers and employees of any other division or subdivision of the
industry.
After the President has approved any such agreement arrived at
within any such division or subdivision, and after proper notice of
such approval, it shall be deemed prima facie unfair competition for
any employer in such division or subdivision to fail to com]3ly with
the standards of maximum hours of labor, minimum rates of pay, or
other conditions of employment so approved and prescribed by the
President, in respect of the performance within the defined region or
locality of the types of operations concerned; and the failure of
such an employer to desist from such unfair competition after being
given due notice and opportunity to be heard, shall constitute a
violation of the requirements of tltis Code.
The Adm'nistrator shall establish one or more Boards for each
division or subdivision of the industry concerned to investigate any
complaints of unfair competition as defined in this Section. Each
such Board shall consist of two representatives each of employers
and employees of the divis'on or subdivision affected, selected by
the Administrator from nominations made by such employers and
employees respectively in such manner as the Administrator may
approve or prescribe, and an impartial chairman named by the
Administrator from nominations made by the employer and em-
ployee representatives selected to the Board. Each Board shall
give notice and opportunity to be heard to each complainant and re-
spondent and thereafter notify said parties of its findings and report
them to the Administrator, as a basis for appropriate action to en-
657
force the requirements of this Code. The provisions of this Section
sliall not be construed to limit the power* of the President, in the
absence of such a mutual agreement, to exercise any authority con-
ferred upon him under Section 7 (c) of the Act.
Sec. 2. Where no applicable nuitual agreement, as provided in
Section 1 of this Article, shall have been approved, employers shall
comply with the following provisions as to minimum rates of pay
and maximum hours of labor.
A. No employee, excluding accounting, office, and clerical em-
ployees, shall be paid at less than the rate of forty (40) cents per
hour, provided, however, that the provisions of this paragraph x\.
shall not be construed as establishing a minimum rate of pay for
other than common or unskilled labor; and provided further that
such provisions shall not be construed to authorize reductions in
existing rates of pay.
No accounting, office, or clerical employees shall be paid at less than
the rate of $15.00 per week in any city of over 500,000 population
or in the immediate trade area of such cit}^ ; $14.50 per week in any
city of between 250,000 and 500,000 population or in the immediate
trade area of such city; $14.00 per week in any city of between
2,500 and 250,000 population or in the immediate trade area of such
city; and $12.00 per week in towns of less than 2,500 population.
The foregoing provisions of this paragraph A establish a minimum
rate of pay which shall apply, irrespective of whether an employee is
actually compensated on a time rate, piecework, or other basis.
B. No employee shall be permitted to work in excess of forty (40)
hours per week or in excess of eight (8) hours in any twenty-four
(24) hour period, with the following exceptions and limitations:
1. On application of the interested parties and after approval of
the National Construction Planning and Adjustment Board of Re-
gional Boards established by it, an employee may be permitted to
w^ork forty-eight (48) hours in any one week when the following
conditions obtain :
(a) On projects located at points so remote and inaccessible that
camps or floating plants are necessary for the housing or boarding
of a majority of the labor employed.
(b) On such remote projects, when working time has been lost
because of inclement weather or unavoidable delays in any one week,
it may be made up in the following four weeks.
(c) On projects in localities where a sufficient amount of qualified
labor is not available in the immediate vicinity of the work.
2. The foregoing maximum hours of work shall not be construed
as a minimum, either for a day or for a week, and if at any time
in any locality truly representative groups of employees in a divi-
sion or subdivision of the industry, through their chosen represen-
tatives, express by written request to their employer or employers
a desire to share available work in such division or subdivisicm, the
number of hours of work may be reduced by mutual agreement
between such employees and their employer or emplo3'^ers. In the
event of inability to arrive at an agreement which will not involve
undue hardship on either employees or employers, then such dif-
ference, with the consent of all parties in interest, may be submitted
to the National Construction Planning and Adjustment Board for
658
a decision. The National Board may require the Regional Boards
to secure facts and full information relative to such dispute and
submit the same to the National Board for its information.
It is not, however, the intent of this provision that any such
reduction will be recommended by the National Board to be put
into effect if it appears probable that undue hardship might be
occasioned thereby to either employers or employees.
3. The following classes of employees are exempt:
(a) EmjDloyees engaged in professional, executive, or supervisory
work.
(b) Employees in establishments employing not more than two
(2) persons in towns of less than 2,500 population, which towns
are not part of a larger trade area.
(c) Emploj'ees engaged in emergency work, involving breiak-
downs or protection of life or property.
^d) Watchmen.
(e) Other employees who may be exempted in chapters of this
Code specifically applicable only to the divisions or subdivisions of
the industry therein defined.
4. Accounting, clerical or office employees may be permitted to
work not in excess of forty (40) hours per week averaged over a
period of four consecutive weeks.
C. No employer shall knowingly permit any employee to work
for a total number of hours in excess of the hours herein pre-
scribed, whether employed by one or more employers.
Sec. 3. Wliere provisions concerning hours of labor or rates of
pay have been established for specific projects, by competent gov-
ernmental authority or agencies (whether Federal, State, or politi-
cal subdivisions thereof) acting in accordance with law, any em-
ployer required to comply and complying with the provisions so
established shall be relieved of compliance with any conflicting
provisions of this Article or of any actions taken in accordance
therewith.
Any employer required to comply and complying with the pro-
visions of a valid labor agreement in force on the effective date shall
be relieved to the extent of his legal obligations thereunder of com-
pliance during the period of such agreement, with any conflicting
provisions of this Article, or of any actions taken in accordance
therewith.
Sec. 4. Minwvmn age. — No employer shall employ any person
under the age of sixteen (16) years, or under the age of eighteen
(18) years in any occupation hazardous in nature or dangerous to
health.
Sec. 5. Construction Planning and Adjustment Boards. — There
shall be established within thirty (30) days from the effective date
of this Code, a National Construction Planning and Adjustment
Board, and said Board shall consist of twenty-one (21) persons, ten
of whom shall be selected by the Industrial Advisory Board of the
National Recovery Administration from nominations of the Con-
struction Code Authority and ten shall be selected by the Labor
Advisory Board of the National Recovery Administration from
nominations of the construction employee organizations, the selec-
tion in each case to be subject to the approval of the Administra-
659
tor, and one person to act as disinterested chairman to be selected
by the President upon the recommendation of the Administrator.
The National Construction Planning and Adjustment Board shall
have for its fundamental purpose the planning and the development
of policies that embrace the broad spirit of cooperation and good
will in the furtherance of all matters that relate to the promotion
of better relations between employers and employees within the in-
dustry and the furtherance of other matters of their mutual interest.
It shall have the authority upon its own motion to select technical
advisers and seek the cooperation of all factors involved in the
stabilization and promotion of the well-being of both employers and
employees in the industry and shall have the authority to make such
rules and regulations for its own conduct as it may deem necessary.
It shall, in its own discretion, following the submission by consent
of all parties in interest of any difference within or between any di-
visions or subdivisions of the industry, give consideration and make
determinations on all such differences as may arise relating to wages,
hours of employment, and working conditions. The decisions of the
National Construction Planning and Adjustment Board shall be
final and binding on all parties in interest, except that in the event
the representative of the Government, the disinterested chairman,
shall dissent from the conclusion, the decision shall be held in abey-
ance until approval or disapproval has been given by the Admin-
istrator.
The National Construction Planning and Adjustment Board shall
have the authority, and upon its own motion shall establish in prop-
erly defined areas, Eegional Construction Planning and Adjustment
Boards, and said Boards shall be composed of an equal number of
members from employer groups and emploj^ee groups, and it is fur-
ther provided that there shall be no disinterested or impartial
chairmen of said Regional Boards, it being provided that such
Boards shall select from their members a chairman and a secretary.
The National Construction Planning and Adjustment Board shall
upon its own motion submit to the Regional Boards such problems
for study as may in the opinion of the National Board be necessary
and such reports of the Regional Boards shall be submitted to the
final examination of the National Board.
To these Regional Construction Plamiing and Adjustment Boards
may be submitted matters from their respective areas in disputes
having the same relationship as matters to be submitted to the
National Board, and every effort on their part shall be made to
reconcile such existing differences, with the requirement that their
actions shall in all instances be submitted to the National Board for
final action.
Nothing in this section shall be construed as preventing employers
and emploj^ees in any division or subdivision of the industry, as
defined in the chapter incorporated in this Code relating thereto,
from submitting to the Boards provided for in Article III, Section
1, or other Boards similarly composed and selected for consideration
and determination, differences that may arise relating to wages,
hours of employment, and working conditions, subject to the ap-
proval of the Administrator. The findings of fact and determina-
660
tion of such Boards shall be submitted to the National Board for its
information.
The cost of conducting the National and Regional Boards herein
provided for, shall be borne by the Construction Code Authority,
subject to a budget submitted to and approved by it, provided, how-
ever, that the cost of the services and the expenses of the members
of said Boards, shall not be paid by such Authority.
Article IV — Administration
To further effectuate the policies of the Act and to administer
this Code within the Industry and its divisions and subdivisions,
there shall be established a Construction Code Authority, and Divi-
sional Code Authorities, and other administrative agencies as here-
inafter provided:
A. CONSTRUCTION CODE AUTHORITY
Section 1. The Construction Code Authority shall consist of one
member selected from and appointed by each of the sponsors of
this Code, enumerated in Article II, Section 9 hereof as sponsoring
this Code as originally submitted to the President for his approval ;
except that the Associated General Contractors of America may ap-
point thereto not more than four (4) members, one of such members
to be selected respectively from each of the following component
membership groups of said organization : Building Construction,
Highway Construction, Railroad Construction, Public Works, and
other types of construction not heretofore specifically enumerated;
together with not more than three nonvoting members to be ap-
pointed by the Administrator to act as his representatives. To the
Construction Code Authority as so constituted and established there
may be designated not more than one additional member in respect
of each additional chapter hereafter incorporated herein, provided
that no such additional member shall be selected by any association
enumerated in Article II, Section 9 hereof. The method for the
selection of each such additional member shall be described in the
corresponding additional chapter. The term of such appointments
shall not exceed two years, except that, in the event of code con-
tinuance beyond the limit now established by law, terms may be
readjusted to insure overlapping tenures of office pursuant to a
plan or method approved by the Administrator. Voting members
are subject to replacement by the selecting agency with the approval
of the Administrator.
Sec 2. The Construction Code Authority, acting as a unit or
through any designated committee or department created by it from
its membership, shall have, in addition to any other powers or duties
herein conferred upon it, the following powers and duties :
(a) It may establish rules and regulations for the conduct of its
affairs; and may appoint such committees, agencies, and representa-
tives, and delegate to them such of its powers and duties as it may
deem necessary for the proper discharge of its functions hereunder.
(b) It shall be empowered to cooperate with the Administrator in
making investigations and surveys concerning the functioning of this
661
Code, the observance of its provisions and other pertinent matters
whether at the reciuest of the Administrator or otherwise, and re-
port its findings and recommendations to the Administrator.
(c) It shall collect from members of the industry and compile and
furnish to the Administrator any reports and other information
required under the Act. Except as may be required for the effective
enforcement of the provisions of this Code the reports of individual
members of the Industry required under this Code shall be confi-
dential and only compiled summaries of such individual reports shall
be furnished.
(d) In order to collect the information for the Administrator
herein called for, it may require, either directly or through any Di-
visional Code Authority, the registration, in such manner as it may
deem appropriate, of all construction work or services of or in ex-
cess of $2,000 in value, and in order to defray the expenses of such
registration and of the administration of this Code may apportion
such expenses on the basis of the value of the work or services so
registered, but in no case shall the charge be less than $2.00. The
proceeds derived therefrom shall be apportioned upon an equitable
basis between the Construction Code Authority and such Divisional
Code Authorities as shall cooperate in procuring the registration of
such work or services.
(e) It may propose modifications of or amendments to the general
provisions of this Code which, after submission to the Divisional
Code Authorities affected thereby, may be recommended to the Presi-
dent for his approval, and upon such approval, following such notice
and hearing as he may prescribe, shall have full force and effect as
provisions hereof.
(f ) It ma}^ exercise the foregoing powers and duties in any di-
vision of the industry for which no Divisional Code Authority shall
have been 'established; and, if in its opinion the policies of the Act
require, it may recommend to the Administrator that an additional
chapter of this Code be established for any such division of the
industry.
(g) Its members or authorized representatives may attend meet-
ings of any Divisional Code Authority, and it may at any time
make appropriate recommendations to the Administrator to insure
the proper functioning or representative character of any such
Divisional Code Authority.
(h) It may secure an equitable and proportionate payment of the
expenses of its establishment, maintenance, and activities from mem-
bers of the industry.
B. DI\T[SI0NAL CODE AUTHORITIES
Section 1. There shall be established for each division of the
industry a Divisional Code Authority which shall, within the limi-
tations provided herein, administer within such division, this Code
and the provisions of any cha])ter hereof applicable s])ecifically to
such division. The procedure for establishing each such Divisional
Code Authority shall be defined in the chapter pertaining to that
division of the industi-y. The nonvoting niombprs appointed bv the
Administrator to the Construction Code Authority (or their proxies
662
appointed by the Administrator) may serve in like capacity with
respect to any Divisional Code Authority.
Sec. 2. Each such Divisional Code Authorit}^ shall, in addition to
any other powers and duties conferred upon it in the chapter applica-
ble to its division, have the following powers and duties :
(a) It may establish rules and regulations for the conduct of its
affairs and may appoint such committees, agencies, and representa-
tives and delegate to them such of its powers and duties as it may
deem necessary for the proper discharge of its functions hereunder.
(b) It shall cooperate with the Administrator and with the
Construction Code Authority in making investigations as to the
functioning and observance of an}^ provisions of this Code, at its own
instance or on complaint of any person affected, and shall collect
from members of tlie industry and compile and furnish to tlie Ad-
ministrator, and to the Construction Code Authority, any rej^orts
and other information required under the Act. Except as may be
required for the effective enforcement of the provisions of this Code
the reports of individual members of the division rec|uired shall be
confidential and only compiled summaries of such individual re-
ports shall be furnished.
(c) It shall study the provisions incorporated in this Code ap-
plicable to its own division, and the operation thereof, and after
submission to the Construction Code iVuthority may make such rcc-
onnnendations to the Administrator as it deems desirable for modi-
fication or addition thereto. Such recommendations, upon approval
of the Administrator after sucli notice and hearing as he may pre-
scribe, shall become a part of this Code and have full force and effect
as provisions hereof.
(d) It shall receive and so far as possible adjust all complaints as
to trade practices between members of its division in the operation
of the provisions of this Code applicable to its division. "
(e) It may secure an equitabJe and proportionate payment of the
expenses of its establishment, maintenance, and activities from mem-
bers of its division of the industry.
C. REPRESENTATION AND MEMBERSHIP
Section 1. In order that the Construction Code Authority and the
Divisional Code Authorities shall at all times be truly representative,
resj>ectivel3^, of the industry and of the divisions, and in other re-
speits comply with the provisions of the Act, the Administrator
may provide such hearings as he may deem appropriate ; and there-
after, if he shall find that the Construction Code Authority or any
Divisional Code Authority, is not truly representative or does not
in other respects comply v.ith the provisions of the Act, he may
require an appropriate modification in the method of selection of
the Construction Code Authority, or of any Divisional Code Au-
thority, as the case nuiy be.
Sec, 2. The sponsors of this Code who participate in the selection
of any Code Authority or administrative agency provided for herein,
shall submit to the Administrator true copies of their Articles of
Association or Incorporation, Constitution and Bj^-Laws, and other
pertinent rules and regulations and any amendments when made
663
thereto, together with such other information as to organization,
membership, and activities as the Administrator may deem necessary.
In addition to the information required to be submitted by mem-
bers of the industry or its divisions under this Code, there shall be
furnished to government agencies such statistical information as
the Administrator may deem necessary for the purposes recited
in Section 3 (a) of the Act. Except as may be required for the
effective enforcement of the provisions of this Code, the reports of
individual members of the industry required under this Code shall
be confidential and only compiled summaries of such individual
reports shall be published.
Nothing contained in this Code shall constitute the members of
the industry or the members of the Construction Code Authority
or of a Divisional Code Authority, or any commHtee or agency
thereof partners for any purpose. No member of the industry shall
be liable in any manner to anj^one for any act of any other member
of the industry, or any agent or employee thereof pursuant to this
Code. No member of such a Code Authority, committee, or agency
shall be liable in any manner to anyone for any act of any other
member, officer, agent, or employee of such Code Authority, com-
mittee, or agency. Nor shall any member of any such Code Author-
ity, committee, or agency, exercising reasonable diligence in the
conduct of his duties hereunder, be liable to anyone for any action
or omission to act under this Code, except for his own wilful mis-
feasance or nonfeasance.
Article V — Appeals
Section 1. The Construction Code Authority shall establish, under
rules and regulations prescribed by and subject to the approval of the
Administrator, a suitable agency to be knov^'n as the Construction
Appeals Board, to consist of one architect, one professional engineer,
three general contractors and four special contractors.
Sec. 2. The Construction Appeals Board shall hear and determine
the appeals referred to in Section 3 of this Article and shall like-
wise be empowered to determine, in the event of a conflict between the
provisions of the various chapters hereof, applicable to specific divi-
sions or subdivisions of the industry, which of such chapter provisions
shall govern.
Sec. 3. Any interested party shall have the right of complaint
to the appropriate Divisional Code Authority established for any
division of the industry, and of a prompt hearing and decision in
respect of any decision, rule, regulation, order or finding made by
such Authority or its committees or agencies, under such rules or
regulations as may be prescribed therefor and the decision of said
Authority thereon may be appealed by any interested party to the
Construction Appeals Board.
Sec. 4. Any interevsted party sliall have the right of appeal to
the Administrator, under such rules and regulations as he may pre-
scribe, in respect of any decision, rule, regulation, order or finding
made by the Construction Code Authority or the Construction
Appeals Board.
664
Sec. 5. No decision, rule, regulation, order or finding shall be
made by any Code Authority or other administrative agency, ex-
cluding the Boards provided for in Article III hereof, provided
for in or pursuant to this Code, whether made pursuant to the
foregoing sections of this Article V or otherwise, of or in any dispute
betAveen employers and employees, or betAveen groups of employees,
including, in such last-named classes of disputes, any case or con-
troversy whose determination would directly involve or affect any
dispute between groups of employees as to the right to perform
specific types of work or operations, including cases commonly
l^nown as trade jurisdictional disputes.
Article VI — Adjustments
In the event that any member of the industry subject to this Code
shall have contracted before June 16, 1933, to purchase goods, struc-
tures, or parts thereof at a fixed price for delivery after that date
and prior to the expiration of this Code, it is equitable and promo-
tive of the policies of the Act that an appropriate adjustment of said
price be made to meet any increase in cost to the seller caused by
the seller's having signed the President's Reemployment Agreement
or having become bound b}' any code of fair competition approved
by the President; provided, however, that in view of the fact that
construction (operations customarily involve the furnishing of various
goods and structures, or parts thereof, by a continuous series of
independent, long-term contracts and agreements at fixed prices
between various parties, such as owners (including goverriment de-
partments), contractors, subcontractors, and others, such adjust-
ments may be made contingent upon similar appropriate adjust-
ments to be made by all other parties thus participating, from and
including Oie initial vendor of such goods and structures or parts
thereof to and including the owners of the works or structure upon
which they are used.
Article VII — Competitive Bidding Practices
Section 1. (a) The term " competitive bidding " as used herein
shall mean the submission at or before a definite predetermined time
of comparable proposals by two or more invited persons to an award-
ing authority to execute a specific program of work, furnishing a
definite service or supplying a material specifically required for a
particular project at a stipulated price. This does not include fur-
nishing quotations on standard products.
(b) The term " awarding authority "' as used herein shall mean any
member of the industry who may upon competitive bidding aAvard
contracts.
Sec. 2. (a) The practices commonly known as " bid peddling " or
^' bid shopping " are recognized as unfair and are prohibited. Bid
peddling in effect means the offering by the bidder prior to the
making of an award of a substitute bid or price lower than the one
originally bid without a commensurate decrease in the requirements
of the job. The correction of the abuses resulting from such practice
is obtainable b}' regulation restricting or controlling bidders.
665
(b) Bid shopping in cfTcct means the effort on the part of the
awarding autiiority to induce a bidder prior to tlie making of tlie
award to lower his original bid price without a commensurate de-
crease in the requirements of the job. The correction of the abuses
resulting from such practice is obtainable by regulation restricting
or controlling the awarding authority.
Sec. 8. (a) Since it is recognized that the preparation of a bid
is a service involving an expense to the bidder and that the inviting
of an unreasonable number of bids is an economic waste, the award-
ing authority shall not invite an unnecessary number of bids.
(b) Only a limited number of alternate proposals shall be required
in connection with any bid. and no alternate proposal of a bidder
shall be considered by the awarding authority, unless the privilege
of alternate proposals is extended to all bidders.
Si:c. 4. The awarding authority shall make available uniformly to
all bidders, plans and/or specifications or other requisite information
which shall be sufHciently complete to enable each bidder to prepare
a definite bid in accordance with the regulations herein provided
for. He shall prescribe terms of competition which shall insure
parity of standing to all bidders.
Sec. 5. The awarding authority shall not invite bids from a bidder
unless such bidder shall have demonstrated to the satisfaction of the
awarding authority that he is competent technically and financially
to jerform the work, nn'l the ability of a bidder to obtain a per-
formance bend shall not be regarded as the sole test of such bidder's
competency.
Sec. 6. An award if made shall be made at the bidder's original
bid jirice. It is recognized tiiat competition based solelv on price
is sometimes unfair and accordingly the awarding authority may
make an award to a competitive bidder other than the lowest bidder
provided the award is made at such com])etitor's original bid price.
Sec. 7. The awarding authority shall designate a specific hour and
place for receiving competitive bids. All bids to be submitted by
subcontractors shall be delivered to the contractor at least 24 hours
prior to the time set for the receipt of the bid of said contractor by
the awarding authority. Bids received after such time or from un-
invited bidders shall be returned unopened. All bills shall be re-
quired to be signed by a duly authorized representative of the bidder
and enclosed in a sealed enveloj^e on the outside of which shall
appear its identification as a bid for the particular job.
Sec. 8. The awarding authority shall not at any time prior to the
specified time for the receipt of bids convey to any bidder informa-
tion relating to the price or terms of any other bid in order to
influence the price or terms of such bidder.
Sec. 9. There shall be no collusion between the awarding authority
and any bidder, nor between the different bidders in the preparation
of any bid. The awarding authority shall not use any bid which is
so undulv low as to indicate an error or mistake in estimating with-
a. _ ~
out first giving the bidder the opportunity of demonstrating by cost
sheets or other methods the correctness of the bid that he has
submitted.
Sec. 10. The awarding authority shall make an award or reject
all bids for the principal contract with the owner within twenty
eee
(20) days after the stipulated time for the receiving of bids except
where an extension of time has been requested from the bidders and
has been consented to by two or more bidders. In the case of bids
conditioned upon the award of a previous contract, each succeed-
ing awarding authority shall make an award or reject all bids within
thirty (30) days after the award of such previous contract except
as to such bidders as shall agree to an extension of time. The right
to reject any or all bids may be reserved by the awarding author-
ity, and such rejection shall be made in writing. Where all bids
are rejected, bids shall not be again invited or submitted for the
mere purpose of obtaining a lower or revised price or prices for
substantiall}^ the same work previous to the elapse of ninety (90)
days from the date of such rejection, except there be a substantial
change in the plans and/or specifications, or except there be evi-
dence of collusion, or except there be such a marked difference be-
tween the bids submitted and the awarding authority's estimate as
to the valuation of the work as would indicate to the awarding
authority and his Code Authority the necessity of new bids in order
to secure fair competition.
Sec. 11. Before making an award the awarding authority may
require any bidder to name the subcontractors whom such bidder
intends to employ for the various divisions of the work bid upon.
Sec. 12. The awarding authority shall not accept rebates, refunds,
discounts, or other special allowances or services from a bidder
unless included by the bidder in his original bid.
Sec. 13. The various divisions and subdivisions of the industry
may provide in the chapters specifically applicable to such divisions
or subdivisions that members of the division or subdivision shall not
submit a competitive bid, as defined in Section 1 (a) of this Article,
to an owner or any other person, corresponding to an awarding
authority as herein defined unless such owner or other person agi'ees
to comply with the regulations provided herein governing an award-
ing authority.
Sec. 14. In order to enforce the practice of fair competitive bid-
ding, the Divisional Code Authorities shall provide, if no such
method is provided in the chapter applicable to such division, a
method satisfactory to the Consti'uction Code Authority for check-
ing bids submitted by members of such division either by designat-
ing a depository for the filing of duplicate bids or by some other
acceptable method. The Construction Code Authority may require
such changes in any such method as may be necessary to prevent
conflict between the various methods which may be adopted by the
various Divisional Code Authorities.
Article VIII — General
Section 1. 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 bargain'ng or other mutual aid or protection; no em]:)loyee
and no one seeking employment shall be required as a condition of
667
employnipnt to join any company union or to refrain from joining,
or<ranizinir, or assisting a labor organization of his own choosing;
employers shall comply with the maximum hours of labor, minimum
rates of pa}', and other conditions of employment, approved or pre-
scribed by the President.
Sec. 2. Employers shall not reclassify employees or duties of occu-
pations performed by employees with the intent or for the purpose
of defeating the purposes of the Act.
Sf.c. 3. No provisions of this Code shall supersede any State or
Federal law imposing more stringent requirements on emploj'ers reg-
ulating the age of emploj^ees, wages, hours of work, or iiealth, fire,
or general working conditions than those contained in this Code.
Sec. 4. No pruvision of this Code shall be so construed or applied
as to permit or promote a monopoly or monopolistic practice, or to
eliminate or oppress or discriminate against small enterprises.
Sec. ;■). Additional chapters to this Code may be submitted to the
Construction Code Authority for submission b}' it for the approval
of the President but nothing contained herein shall be construed to
prevent any representative association or group from submitting any
such cha})ter directly to the President for his approval, provided tliat
the Construction Code Authority, if then established, shall be given
an ample opjwrtunity to consider and examine any such chapter
prior to its submission to the President to the end that there may be
proper coordination within the industry and between its various
divisions and subdivisions. Upon approval by the President, such
chapter shall become an integral part of this Code the same as if
oriLTinally included herein, but any exceptions therein to the general
provisions of this Code shall apply only to the members of the di-
vision, or subdivision of the industry to which such chapter per-
tains. No specific provisions of this Code applicable to its amend-
ment or modification shall constitute a limitation upon any right
to pro]K)se such amendments or modifications which may be con-
ferred by the Act.
Sec. 6. This Code, and all the provisiojis thereof, and of any chap-
ter thereof, are expressly made subject to the right of the President,
in accordance with the provisions of subsection (b) of Section 10
of the Act, from time to time to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of the Act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code, or of any additional
chapter thereof, or any conditions imposed by him upon such
approval.
Approved Code No. 244.
Registry No. 161&-2-31.
O
i
f^;^
AMENDMENTS
40121—34 2
Approved Code No. 17 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
AUTOMOBILE MANUFACTURING INDUSTRY
As Approved on January 8, 1934
ORDER
Amending Code of Fair Competition for the Automobile Manu-
facturing Industry
An application having been duly made in behalf of the Automo-
bile Manufacturing Industry, pursuant to and in full compliance
with the provisions of Title I of the National Industrial Recovery
Act, approved June 16, 1933, and the provisions of the Code of Fair
Competition for the Automobile Manufacturing Industry duly
approved on August 26, 1933, and amended on December 18, 1933,
for approval of a further amendment to said Code of Fair Competi-
tion for the Automobile Manufacturing Industry; and an analysis,
report, recommendation, and findings on said proposed amendment
by the Administrator directed to the President having been made,
which are incorporated herein by reference ; and it being found that
said proposed amendment complies in all respects with the pertinent
provisions and will promote the policy and purposes of Title I of said
Act and specifically that the requirements of Clauses (1) and (2)
of subsection (a) of Section 3 of said Act have been met; and
It being likewise found that said proposed amendment complies
with the terms of an understanding reached pending approval of
the original Code of Fair Competition for said Industry, between
the duly authorized representatives of said Industry and the Admin-
istrator, to the effect that in the event that the expiration date of
said original Code as approved should be deferred to one year from
the effective date thereof, the provisions of said original Code in
regard to hours of employment would be subjected to reconsid-
eration ;
NOW, THEREFORE, pursuant to the authority vested in the
President by Title I of the National Industrial Recovery Act, ap-
proved June 16, 1933, and otherwise; and pursuant to authority
vested in the undersigned Administrator by Executive Order, includ-
ing Order dated December 30, 1933, and otherwise, it is ordered that
the said application be and it hereby is approved, and that, effective
immediately, the said Code of Fair Competition for the Automobile
Manufacturing Industry, as amended on December 18, 1933, be and
it hereby is further amended in the name of the President in the
following particulars :
(669)
670
1. In article III, the fifth paragraph, which has heretofore read
as follows :
" For this purpose it is made a provision of this Code that
employers shall so operate their plants that the average em-
ployment of all factor}^ employees (with exceptions stated be-
low) shall not exceed thirty-five hours per week for the period
from the effective date to the expiration date, and the hours
of each individual employee shall so far as practicable conform
with this average and shall in no case exceed the same by more
than three percent.",
shall be modified to read as follows:
" For this purpose it is made a provision of this Code that
employers shall so operate their plants that the average em-
ployment of each factory employee (with exceptions stated
below) shall not exceed forty hours per week for the period from
the effective date to the expiration date."
2. In Article III, the sixth paragraph, which has heretofore read
as follows:
" In order to give to employees such average of thirty-five
hours per week, it will be necessary at times to oj^erate for
substantially longer hours, but no employee shall be employed
for more than six days or 48 hours in any one week, and all
such peaks shall be absorbed in such average."
shall be modified to read as follows:
" In order to give to employees such average of forty hours
per week, it will be necessary at times to operate for substan-
tially longer hours, but no employee shall be employed for more
than six days or 48 hours in any one week, and all such peaks
shall be absorbed in such average."
The President of the United States of America,
By Hugh S. Johnson,
Administrator for Industrial Recovery,
Approval recommended:
K. M. Simpson,
Division Administrator.
Washington, D.C,
Januainj 8^ 1931)..
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: The National Automobile Chamber of Commerce has made
application in behalf of the Automobile Manufacturing Industry
that the Code of Fair Competition for said Industry be amended in
the following particulars:
1. In Article III, the fifth paragraph, which has heretofore read
as follows:
" For this purpose it is made a provision of this Code that
employers sliall so operate their plants that the average employ-
ment of all factory employees (with exceptions stated below)
shall not exceed thirty-five hours per week for the period from
the effective date to the expiration date, and the hours of each
individual employee shall so far as practicable conform with
this average and shall in no case exceed the same by more than
three percent.",
be modified to read as follows :
" For this purpose it is made a provision of this Code that
employers shall so operate their plants that the average employ-
ment of each factory employee (with exceptions stated below)
shall not exceed forty hours per week for the period from the
effective date to the expiration date."
2. In Article III, the sixth paragraph, which has heretofore read
as follows:
" In order to give to employees such average of thirty-five
hours per week, it w^ill be necessary at times to operate for sub-
stantially longer hours, but no employee shall be employed for
more than six days or 48 hours in any one week, and all such
peaks .shall be absorbed in such average.",
be modified to read as follows:
" In order to give to employees such average of forty hours
per week, it will be necessary at times to operate for substantially
longer hours, but no employee shall be employed for more than
six days or 48 hours in any one week, and all such peaks shall
be absorbed in such average."
The reports received from the manufacturers operating under this
Code indicate that for those manufacturers who are members of the
National Automobile Chamber of Commerce, the resulting reem-
ployment in the month of Sei)tember of this year has brought the
total of employees above the number of employees attached to the
Industry for the same month in any year since 1929.
The following table shows the number of factory employees of
these members from the year 1929 to 1983 inclusive :
September — Year
1929- 194, 274
19.30 111, 996
1931 113, 1S3
1932 73. 411
1933 150, 75G
(671)
672
This table indicates that there were 77,345 more workers em-
ployed in September of this year than in September of 1932, or an
increase of approximately 105%, and an increase of 38,760 workers
over the same month in 1930, or an increase of approximately 34%.
While the employment level of 1929 has not been reached, it is my
opinion that satisfactory absorption of labor should not be measured
by employment in that year as there was a substantial percentage
of floating workers brought to this Industry from their normal pur-
suits, many, if not most of whom, it is my understanding, have since
returned to their former homes.
In addition the decrease in production must be considered as in-
dicated by the fact that the production in September 1929 was
257,517 vehicles as compared with 144,367 in September of this year,
a decrease of 43%, while employment in September of this j^ear is
only 22%, below that of September 1929.
The contemplated increase in automobile purchases in the Spring
of 1934 would, under the present average of thirty-five hours per
week, probably result in again attracting a considerable number of
men to Detroit and other automobile manufacturing centers, who
would be without jobs after the Spring period of large production
had passed.
The above figures cover only factory employees of manufacturers
who are members of the National Automobile Chamber of Com-
merce, since complete figures are not available for the entire Indus-
try prior to the Code. The National Automobile Chamber of Com-
merce represents approximately 78% of the production capacity and
approximately 95% of the manufacturing units in the Industry.
For these reasons the amendment has been approved.
Respectfully,
Hugh S. Johnson,
A d minis tra tor.
Washington, D.C,
January 8, 193 Jf,.
Approved Code No. 17 — Amendment No. 2
Registry No. 1403-1-04.
Approved Code No. 33 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL LUMBER, LUMBER PRODUCTS, BUILDING
MATERIALS, AND BUILDING
SPECIALTIES INDUSTRY
As Approved on January 12, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Retail Lumber, Lumber Products, Building Materials, and
Building Specialties Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Industrial
Recovery Act, approved June 16, 1933, for approval of modification
of the Code of Fair Competition for the Retail Lumber, Lumber
Products, Building Materials, and Building Specialties Industry, and
hearings having been duly held thereon and the annexed report on
said modification, containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said modification and the Code as con-
stituted after being modified comply in all respects with the pertinent
provisions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said modification be and it is
hereby, approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety as
modified.
Hugh S. Johnson,
Adrmnistrator for Industrial Recovery.
Approval recommended: >
Malcolm Muir,
Division Administrator.
Washington, D.C,
January 12, 1934..
(673)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : A Code of Fair Competition for the Retail Lumber, Lumber
Products, Building Materials and Building Specialties Industry-
was approved by you on October 3 and became effective on October
13, 1933.
In accordance with the provisions of your Executive Order, dated
July 15, 1933. hearings have been granted by me to applicants, who
alleged that they were directly affected by the provisions of Article
VIII, Section 2, Subsection A of said Code, and who claimed that
application thereof was unjust to them and who applied for modi-
fications thereof.
In full accordance with the provisions outlined in Article IX,
Section 6 of the aforesaid Code for the Retail Lumber, Lumber
Products, Building Materials and Building Specialties Industry,
the Code Authority, an Agency established in accordance with the
provisions contained in Article VII, Section 1 of said Code, made
application for modifications of said Article VIII, Section 2, Sub-
section A.
Article VIII, Section 2, Subsection A of said Code as it appears in
the approved Code of October 3 permits the establishment of prices,
terms and conditions of sale within any trade area by rule or regu-
lation adopted by the appropriate agency within such trade area in
accordance with the provisions of Article VII, Section 1, Paragraph
2 of said Code. Article VIII, Section 2, Subsection A if revised
or amended as is proposed by the suggested modifications thereof,
will prohibit the establishment of prices, t^rms, and conditions of
sale within a trade area adopted by rule or regulation of any agency
within said trade area.
The Deputy Administrator in his final report to me on said modi-
fication of said Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) The modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of
The National Industrial Recovery Act, including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
(674)
675
unemplojnnent, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said modification on behalf of the industry as a whole.
(cl) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(e) The modification and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
modification.
For these reasons, therefore, the proposed modifications have been
approved.
Respectfully,
Hugh S. Johnson,
Administrator.
January 12, 1934.
AMENDMENT TO THE CODE OF FAIK COMPETITION
FOR THE RETAIL LUMBER, LUMBER PRODUCTS,
BUILDING MATERIALS, AND BUILDING SPECIALTIES
INDUSTRY
Subsection A, Section 2, Article VIII shall be amended to read
as follows:
" 2. Conditions of Sale — Estimates and Quotations. — ^A. Within
ten (10) days after notice from the Code Authority, or its duly
authorized Agency, each dealer shall file with the Code Authority,
or such duly authorized Agency as it may designate, and publish
his prices individually prepared by him but in no event at less than
the prices computed pursuant to the provisions of Section 8 of
this Article and any rules and regulations duly issued in relation
thereto, terms and conditions of sale; thereafter, no dealer shall
quote, sell, or ofl'er to sell any product on such terms and conditions,
or at such prices as will result in the purchaser paying therefor
prices different from those noted in such dealer's price list, or on
terms and conditions of sale other than the terms and conditions of
sale previously filed by such dealer with the Code Authority, in'
accordance with the provisions of this Article and in effect at the
time, of such sale."
Approved Code No. 33 — ^Amendment No. 1.
Registry No. 313-04.
(676)
Approved Code No. 47 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR
BANKERS
As Approved on January 22, 1934
ORDER
AprROAiNG Amkndment to Code of Fair Competition for Bankers
An application having been diilj^ made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of the attached
modification to the Code of Fair Competition for Bankers, and the
annexed report on said modification, containing findings with respect
thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate, by reference, said an-
nexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the per-
tinent provisions and Avill promote the policy and purposes of said
Title of said Act, and do hereby order that said modification be and
it is hereby approved, and that the previous approval of said Code
is hereby modified to include an approval of said Code in its en-
tirety as modified, such approval and such modification to take effect
ten (10) days from the date hereof, unless good cause to the contrary
is shown to the Administrator before that time and the Adminis-
trator issues a subsequent order to that effect.
Hugh S. Johnson,
AdTninistrator for Industrial Recovery.
Approval recommended :
A. D. Whiteside,
D iv ision A dministra tor.
AVashington, D.C,
January 22, 193^.
(677)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
BANKERS
Article VII, Section 1 of the Code of Fair Competition for
Bankers shall be moclified to read as follows :
"(1) To effectuate further the policies of the National Industrial
Recovery Act, a Banking Code Committee is hereby set up to act
as a planning and fair-practice agency and to cooperate with the
Administrator in the administration and enforcement of this Code.
This Committee shall consist of not more than twenty-five (25)
representatives of the American Bankers Association, who shall be
truly representative of the membership of the Association, three (3)
representatives of the nonmembers of the American Bankers Asso-
ciation to be selected in a manner approved by the Administrator,
and a representative or representatives without vote appointed by
the President of the United States."
Approved Code No. 47 — Amendment No. 1.
Registry No. 1707-02.
(678)
Approved Code No. 3 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WOOL TEXTILE INDUSTRY
As Approved on January 23, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Wool Textile Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Code of Fair Competition for the Wool Textile Industry, and
hearings having been duly held thereon and the annexed report on
said amendments, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise ; do hereby incorporate, by reference, said
annexed report and do find that said amendments and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendments be,
and they are hereby, approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended,
Provided, however, that the Administrator may appoint a repre-
sentative or representatives upon each of the Sub-Code Authorities
created under Article XII of said amendments, and
Provided, further, that if the Administrator shall determine that
any action of a Code Authority or any agency thereof is unfair or
unjust or contrarj^ to the public interest, the Administrator may re-
quire that such action be suspended for a period of not to exceed
thirty (30) days to afford an opportunity for investigation of the
merits of such action and further consideration by such Code
Authority or agency pending final action, which shall be taken only
upon approval by the Administrator.
(679)
680
These amendments shall become effective ten (10) days after date
hereof.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
A. D. Whiteside,
Division Administrator,
Washington, D.C,
January 23^ 193^.
KEPORT TO THE PRESIDENT
The President,
The White House.
Introduction
Sir : This is a report on the Hearing of the Amendments to the
Code of Fair Competition for the Wool Textile Industry.
The hearing was held in the Carlton Hotel, Washington, D.C.,
on December 8, 1933.
The Amendments were presented by duly qualified and author-
ized representatives of the above industry, complying with the stat-
utory requirements, as represented by fully 80 percent of the wool
textile machinery including both looms and spindles.
Resume of Amendments
The amendments proposed may be classified into four parts:
I. CHANGES TO BE MADE IN THE ORIGINAL CODE
The definition in the original code is amended to make the code
all inclusive of the various divisions of the wool textile industry.
The original code contained no method of assessing employer
for any of the expenses. Consequently, a provision is proposed so
that employers may be assessed within the limits allowed by the
Recovery Act.
A provision limiting the hours of office employees is proposed
by changing the original Article III.
II. ADMINISTRATION
In the Executive Order dated July 26, there appeared a condition
as follows :
"(1) To effectuate further the policies of the Act, a Wool Textile
Industry Committee be created to cooperate with the Adminis-
trator as a Planning and Fair Practice agency for the Wool Textile
Industry, which Committee shall consist of five representatives of
the Wool Textile Industry elected by a fair method of selection,
to be approved by the Administrator, and three members without
vote appointed by the Administrator."
The amendments attached hereto contain administrative provi-
sions allowing the various subdivisions of the wool textile industry
to operate in the most convenient and constructive manner.
All divisions of the wool textile industry are included in this code
but it is recognized that the problems of some of the branches of the
industry are not comparable with the problems of other branches.
Consequently, subcode authorities have been created to care for the
individual problems of each of the well-defined branches of the
industry.
III. FAIR TRADE PRACTICES
The amendments propose several fair trade practices which are
applicable to all of the divisions of the industry. At a later date
the subcode authorities will propose fair trade practices which shall
applv only to their division.
(681)
682
IV. ARBITRATION
The wool and worsted manufacturers have been operating under
the rules of the American Arbitration Association for several years
and are now incorporating arbitration provisions in their code, both
for arbitrating disputes between buyers and sellers and disputes be-
tween themselves concerning the rules and regulations that appear in
the code.
Findings
The Deputy Administrator in his final report to me on said amend-
ments to said Code having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the pres-
ent productive capacity of industries, by avoiding undue restriction
of production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita
tion Subsection (a) of Section 3, Subsection (a) Section 7, and Sub^
section (b) of Section 10 thereof.
(c) The National Association of Wool Manufacturers was and
is an industrial association truly representative of the aforesaid
Industry and that said association imposed and imposes no inequi-
table restrictions on admission to membership therein and has applied
for or consents to this amendment.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not op-
erate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendments.
For these reasons, these Amendments have been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
January 23, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE WOOL TEXTILE INDUSTRY
Pursuant to Article X of the Code of Fair Competition for the
Wool Textile Industry, approved by the President July 26, 1933,
said Code is hereb}' amended in the following manner:
I.
The first paragraph of Article I shall be modified by deleting the
word " sales " from the words '' worsted sales yarn (Bradford
System)", "worsted sales yarn (French System)", and "carded
sales yarn " ; by adding after the words " carded sales yarn " the
words " not including carpet or underwear yarn " ; and by adding
after the word " carbonizing " the words " topmakers, the sale of
fabrics in the piece by members of the Industry and/or their
agents " ; so that the whole paragraph shall read :
" I. Definitions. — As used herein the term ' wool textile industry '
shall include the following branches : Manufacture of worsted men's
wear, worsted women's wear, carded men's wear, carded women's
wear, blankets, cotton warp fabrics, reworked wool, knitted woolen
goods, worsted yarn (Bradford System), worsted yarn (French
System), carded yarn not including carpet or underwear yam, and
combing, wool scouring and carbonizing, top-makers, the sale of
fabrics in the piece by the members of the Industry and/or their
agents, and such other related branches as may from time to time
be included under the provisions of this Code."
II.
The first paragraph of Article III shall be modified by substitut-
ing for the word " office " the words " office employees receiving more
than $30.00 per week " and by adding at the end of said paragraph
the sentence : " No office employee receiving $30.00 a week or less
shall work over forty-eight hours in any one week or more than
forty hours per week averaged over a thirteen-week period " ; so
that the whole paragraph shall read :
" Hours of Labor. — On and after the effective date no employer
shall employ any employee in excess of forty hours per week, this,
however, not to apply to hours of labor for repair-shop crews,
engineers, electricians, firemen, office employees receiving more than
$30.00 per week, sales and supervisory staff, shipping, watching, and
outside crews. No office employee receiving $30.00 a week or less
shall work over forty-eight hours in any one week or more than
forty hours per week averaged over a thirteen-week period."
(683)
40121—34-
684
III.
Article VI shall be amended by adding at the end thereof the
following paragraph :
" The Association may assess any employer, at such intervals as
the Association shall determine, his pro-rata share (subject to ap-
proval of the Administrator) of the expense of collecting and re-
ceiving such reports and of compiling and forwarding to the Presi-
dent the substance thereof."
IV.
The following Articles shall be added to and made a part of the
Code:
"Akticle XII — Administration
*' Section 1. Designation of Divisions of the Industry. — Every per-
son engaged in the Wool Textile Industry, who manufactures or sells
any product or engages in any activity as listed in Schedule 1 under
a designated Division of the Industry shall, as to each product or
activity, operate under the rules formulated for the Division into
which that product or activity falls, and shall be a member of that
Division. The Board of Directors of the National Association of
Wool Manufacturers may, from time to time, amend Schedule 1 to
consolidate Divisions, create new Divisions, subdivide old Divisions,
or add new products or activities to old Divisions to the extent that
changes in circumstances require such amendment. Any such amend-
ment shall be subject to appeal to the Code Authority by an inter-
ested person, and shall in no event be retroactive.
" Sec. 2. Organization and Constitidion of Code Authority and
Sub-Code Authorities :
"(a) In accordance with the Executive Order of July 26, 1933, a
Wool Textile Industry Committee (hereinafter called the ' Code
Authority ') is hereby constituted to cooperate with the Administra-
tor in the administration of this Code. The Code Authority shall
consist of six (6) representatives of the Industry elected by a fair
method of selection, to be approved by the Administrator, and not
more than three (3) members without vote to be appointed by the
Administrator and to serve without expense to the Industry. Upon
the election of the six members by the Industry, as provided above,
the Code Authority shall be duly constituted and shall function as
herein set forth, whether or not the Administrator shall have
appointed the additional members.
"'(b) The Code Authority shall adopt its own rules and/or meth-
od,s of procedure and may appoint such officers or agencies as it may
deem necessary properly to carry out its duties in the administra-
tion of this Code. It may delegate to a special Sub-Code Authority
of any Division of the Industry listed in Schedule 1 its powers and
duties in the administration of all articles of this Code or supple-
mentary codes relating to trade practices of that Division. The
Sub-Code Authority for each Division of the Industry shall consist
of not less than three (3) members and/or representatives of that
685
Division elected by majorit}^ vote of the members of such Division
and to serve for such periods a,s the Division may determine.
•'(c) The members of each Division or Sub-Division may adopt
their own rules and/or methods of procedure, not inconsistent with
the Act or with the Code or with the Bylaws of the National Asso-
ciation of Wool Manufacturers. Members of each Division or Sub-
Division may propose rules of practice or of merchandising relating
to uniform terms, standard sales contracts, sales below cost, the filing
of prices, competitive practices, etc., for their Division or Sub-
Division, amplifying for that Division or Sub-Division the provisions
of Article XIII hereof in order to promote fair competition ; sub-
ject to the approval of the Administrator, such rules of practice and
such merchandising rules, Avhen approved by three-fourth vote of
the members of the Division or Sub-Division affected, by the Sub-
Code Authority of that Division, and by the Code Authority, shall
be binding upon all members of that Division. Changes may be
made in any such rules in the same manner in which the original
rules were adopted.
*'(d) For the purposes of this Section, the three quarter vote may
be either: (1) three quarters of those voting at a meeting of mem-
bers of the Division or Sub-Division duly called for consideration
of the rules; or (2) three quarters of those voting on mailed ballots
sent to addresses of the members of the Division or Sub-Division at
least ten days prior to the day on which such ballots are to be
.counted. No action by mail ballot shall be binding unless affirma-
tive ballots are received from at least one third of tho.se to whom
ballots are sent.
" Sec. 3. Appeals:
"(a) Any interested party shall have the right of complaint to
the Code Authority or the Sub-Code Authority, and shall be given a
prompt hearing and decision thereon, under the rules of procedure
of such body, in respect to the fairness of any rule of practice of
merchandising adopted for a Division or Sub-Division of which he is
a member.
•'(b) Any interested party shall have the right of appeal to the
Administrator, under such rules and regulations as the Adminis-
trator shall prescribe in respect to any decision, regulation, or
order made by the Code Authority or Sub-Code Authority under
the foregoing paragraph.*
"Article XIII — Unfair Trade Practices
'• For the purposes of this Code, the following shall constitute
unfair trade practices forbidden to all members of the Industry:
" 1. Selling at terms different from those prescribed by the rules
of the Division or Sub-Division or granting to any customer secret
rebates, subsidies, commissions, or aclvertising credits.
" 2. Granting (excepting in connection with Government con-
tracts) options or reservations or selling ' at value/ or guaranteeing
prices against either advances or declines.
• See paragraph 2 of order approving this aiuendmeiit.
686
" 3. Shipping goods on consignment, except as may be provided
for in a Division or Sub-Division merchandising plan.
" 4. Improperlj'^ marking perfect goods as ' seconds ' or otherwise.
" 5. Publishing or distributing any advertising which is mislead-
ing or inaccurate in any material particular, or in any way mis-
representing any goods, or values, policies, services, or the nature
or form of the business conducted.
"• 6. Manufacturing or selling any article in imitation of a com-
petitor's package, trade mark, or trade name, or selling from a
competitor's samples.
•' 7. Failing to print on copy of contract or order the standard
sales contract provisions required by Division or Sub-Division rules.
" 8. Performance of commission work by any employer as an
incidental function outside his regular recognized activities, without
complying with his merchandising plan in force for the Division
or Sub-Division covering such commission work.
"Article XIV — Arbitration
" 1. The Sub-Code Authority of each Division of the Industry
is directed to appoint a Panel consisting of as many persons as it
deems proper (not limited to members of the Division), to be known
as the Panel on Trade Disputes and Unfair Practices of the
Division.
*' 2. The Panel shall have jurisdiction to hear, on the complaint of
any interested person, any dispute, or controversy relating to a
violation of any trade practice provision of this Code, which may
effect that Division, or to a violation of the rules of practice or mer-
chandising for that Division.
" Immediately upon receipt of such complaint in writing a list of
members of the Panel shall be submitted to the party or parties
involved who may cross off from the list names of persons to whom
objection is made. The Sub-Code Authority will then select a com-
mittee from the remaining members of the Panel consisting of not
less than three (3) or more than seven (7) to hear the complaint and
to make recommendation to the Sub-Code Authority which shall
take such action as it deems necessary. All persons subject to this
Code shall submit to the Panel such facts and figures pertinent to any
controvei'sy within the jurisdiction of the Panel, as the Panel may
request. In the event that either party desires to appeal from the
findings of the Panel, the matter shall then be referred to the Ameri-
can Arbitration Association.
" 3. In the event of an unsettled dispute between buyer and seller,
the seller must report the dispute to the Sub-Code Authority. The
bu^'er may refer his case through the appropriate Sub-Code Author-
ity to the Panel on Trade Disputes and Unfair Practices of the
Division, if he so elects, or may take the matter direct to the Ameri-
can Arbitration Association.
" 4. A copy of the findings in any arbitration either by the Panel
or bv the American Arbitration Association shall be promptly for-
warcled to the Sub-Code Authority and may at the discretion of that
Authority be published to the members of the Division concerned.
687
" Article XV — General
" 1. The employment of any subterfuge to circumvent this Code or
any provision thereof shall be regarded as a violation thereof.
•' 2. B}' presenting this Code the members of the Industry assent-
ing thereto do not thereby consent to any modifications thereof and
they reserve the right to object individually or jointly to any such
modifications.
" 3. Where the rules of practice or merchandising for any Division
require or permit the filing of prices and/or samples, and price files
and/or sample files shall not be available for inspection by members
of the Division, but members of the Division will be entitled to ask
at reasonable times for information contained in said files, v^hich
information shall be furnished by those in charge of the files.
" Schedule I
'• For the purposes of this Code, the following groups of persons
engaged in the Wool Textile Industry shall constitute the respective
divisions of the Industry, Such divisions may be subdivided, com-
bined, or realigned from time to time by the Board of Directors of
the National Association of Wool Manufacturers,
" I. Worsted Men's Wear
" II. Worsted Women's wear
•' III. Carded Men's wear
•• IV. Carded Women's wear
"V. Blankets
•• VI. Cotton Warps
•• VII, Knitted Woolen Goods
''VIII. Worsted Spinners (sales j^arn) Bradford System
" IX. Worsted Spinners (sales yarn) French System
"X. Carded Spinners (sales yarn)
" XL Combers
" XII. Wool scourers and carbonizers
" XJII. Piece Goods Selling
'• XrV, Reworked wool
"XV, Topmakers
" For the purpose of the ' Rules of Practice and Merchandising for
the Piece Goods Selling Division \ this Division shall be composed
of the active members making Worsted Men's Wear, Worsted
Women's Wear, Carded Men's Wear, Carded Women's Wear, Cot-
ton Warps, and Knitted Woolen Goods,
" Each member of said Division shall vote either individually or
through a duly appointed representative,"
Approved CJode No. 3 — ^Amendment No. 1.
Registry No. 286-04,
Approved Code No. 75 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CANNING AND PACKING MACHINERY INDUSTRY
As Approved on January 27, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Canning and Packing Machinery Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of amend-
ments to a Code of Fair Competition for the Canning and Packing
Machinery Industry, and hearings having been duly held thereon
and the annexed report on said amendments, containing findings
with respect thereto, having been made and directed to the President.
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933. and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendments and the Code as
constituted after being amended comply in all respects with the per-
tinent provisions and will promote the policy and purposes of said
Title of said Act. and do hereby order that said amendments be and
they are hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended, except that the amendment to Article XI Sec-
tion (h) shall take effect 15 days from the date hereof, unless good
cause to the contra ly is shown to the Administrator before that
time and the Administrator issues a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Ind-ustrial Recovery.
Approval recommended :
Malcolm Muik,
Division Administrator.
Washington, D.C.
January 27, 19-34.
(689)
REPORT TO THE PRESIDENT
The President,
The 'White House
Sir: This is the report of the Amendments to the Code of Fair
Competition of the Canning and Packing Machinery Industry to
permit the inclusion of another industrial gi*oup, the hearing having
been held in Washington on the Tth day of December, 1933, in
accordance with the provisions of the National Industrial Recovery
Act.
PROVISIONS AS TO HOURS AND WAGES
The provisions of the Code have not been altered as to hours and
wages from the provisions as adopted in the Code as signed on
October 31, 1933. The Meat Packing and Allied Products Ma-
chinery and Equipment group will work under the labor provisions
of this Code as a part of this Industry.
ECONOMIC EFFECT OF THE AMENDMENTS
Under normal conditions in this industrial group the work week
averaged 44 hours. Operation on the shortened schedule of hours,
as provided in the Code, will result in an increase of 16 percent in
the number of employees, or a total for the group of 696. This
brings the total number of employees in the Canning and Packing
Machinery Industry up to approximately 2,200.
This industrial group manufactures machinery which is used in
the processing and preserving of animal products for food. Invested
capital is $2,500,000 and the five-year annual average value of its
products is $3,500,000. The value of products of the Canning and
Packing Machinery Industrv on the above average basis now totals
$7,000,000.
FINDINGS
The Deputy Administrator in his final report to me on said
amendments to said Code having found as herein set forth and on
the basis of all the proceedings in this matter :
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of coo]3erative action among trade groups, by inducing
and maintaining united action of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
(690)
691
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, b}^ reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry,
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Meat Packing and Allied Products Machinery and
Equipment group was and is an industrial group truly representa-
tive of the aforesaid Industry and that said group imposed and
imposes no inequitable restrictions on admission to membershiiD
therein and has applied for or consents to these amendments.
(d) The amendments and the Code as amended are not designed
to and wil] not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendments.
For these reasons, therefore, the amendments to this Code have
been approved by me.
Respectfully,
Hugh S. Johnson,
A dminis trator.
January 27, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
CANNING AND PACKING MACHINERY INDUSTRY
The Title of this Industry is amended to read as f oIIoavs :
Code of Fair Competition for the Canning and Packing Machinery
and Equipment Industry.
Article I is thus, with the amended title, amended to read as
follows :
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Canning and Packing Machinery and
Equipment Industry and shall be binding upon every member
thereof.
Paragraph 1 of Article II is amended to read as follows :
"■ Industry " as used herein means the Canning and Packing
Machinery and Equipment Industry, which embraces the manufac-
ture for sale or sale in the open market and within the United States
of America or its territories of canning machinery and equipment
used for the preparation and processing of foods for human or
animal consumption; machinery and equipment used for the manu-
facture of cans and containers for such food; machinery and equip-
ment used for the preparation and packing of fresh fruits and
vegetables ; machinery and equipment used for the dressing, process-
ing, and packing of animal, poultry, and fish products whether
intended for final sale in fresh, frozen, cured, or canned form;
machinery and equipment used for the processing and packing of,
dried and dehydrated fruits and vegetables; machinery and equip-
ment used for the rendering of either animal, poultry, fish, vege-
tables, and/or fruits or the by-products obtainable from the forego-
ing and without limitation as to final disposal in either edible or
nonedible form; and parts thereof; but excepting any machinery
or equipment or parts therefor having a general application and use
for purposes other than the uses hereinabove enumerated.
Paragraph (e) of Article III is amended to read as follows:
No employer shall operate on a schedule of more than 6 days work
in seven except in cases of emergenc3^
Paragraph (h) of Article XI is amended to read as follows:
Making or offering to make a trade-in allowance for any machine
more than two years old greater than 15% of the price of the new
machine or of the original price of the trade-in machine, whichever is
lower; provided that the Code Authorit}' may, at its discretion, in-
crease this percentage for various classes of machinery and/or equip-
ment ;
Approved Code No. 75 — -Amendment No. 1.
Registry No. 1399-35.
(692)
ApproTed Code No. 94 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MEN'S GARTER, SUSPENDER, AND BELT
MANUFACTURING INDUSTRY
As Approved on January 27, 1934
OEDER
Appijoving Amendment to Code of Fair CoMPETrnoN for the Men's
Garter, Suspender, and Belt Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Men's Garter, Sus-
pender, and Belt Manufacturing Industry, and hearings having been
duly held thereon and the annexed report on said amendment, con-
taining findings with respect thereto, having been made and directed
to the President :
XOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me b}'^ Executive Orders of the
President, including Executive Order No. 6o43-A, dated December
30. 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
l)ertinent provisions and will promote the policy and purposes of
said Title of said Act, and do herebj^ order that said amendment b©
and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in
its entirety as amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
A. D. Whiteside,
Division Administrator.
Washington, D.C,
January 27, 193^.
(693)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: The Public Hearing on an amendment to the Code of Fair
Competition for the Men's Garter, Suspender, and Belt Manufactur-
ing Industry as proposed by the Code Authority for this Industry
was conducted on December 22. 1933 in Room D of the Washington
Hotel, Washington, D.C. Every person who requested an appear-
ance was fairly heard in public in accordance with the usual require-
ments. Present were authorized representatives of the Code Author-
ity for this Industry and representative members of the Industry.
The Code of Fair Competition for the Men's Garter, Suspender,
and Belt Manufacturing Industry, approved November 4, 1933, did
not contain any Trade Practice Provisions. Article V, Section \ of
this Code provides that the Code Authority shall study provisions
relating to trade practices and make recommendations thereon to
the Administrator. Proposed Trade Practice Provisions were ac-
cordingly submitted by the Code Authority for approval, and formed
the entire subject matter of this amendment.
In final form this amendment has been approved by the Labor
Advisory Board, Industrial Advisory Board, Research and Planning
Division, and Legal Division of the National Recovery Administra-
tion. The Code Authority has indicated its approval of the Trade
Practice Provisions on behalf of the Industry.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
Well designed to promote the policies and purposes of Title I of the
National Industrial Recover}^ Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
testriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all resi)ects with the perti-
lient provisions of said Title of said Act, including without limita-
(694)
695
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, these trade practice provisions have been
approved.
EespectfuUy,
Hugh S. Johnson,
A drrmdstrator.
January 27, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE MEN'S GARTER, SUSPENDER, AND BELT MANU-
FACTURING INDUSTRY
Article IX — Trade Practices
The following practices are established as methods of fair compe-
tition for members of this industry and any violations of these shall
be constituting an unfair method of competition.
1. Customers shall be classified as follows :
(a) General wholesale dry goods, jobbers, including exporters.
(b) Specialty wholesale houses handling principally neckwear,
belts, garters, suspenders, collar pins, and belt buckles.
(c) Retail accounts purchasing direct from the manufacturer.
(d) Mail-order houses.
(e) Chain stores.
(f ) Manufacturers' sales agents.
The Code Authorit}^ may from time to time modify, amplify,
and/or define the foregoing customer classifications subject to the
right of review by the Administrator.
2. Any member of the Industry who markets any or all of his
products through sales agencies or commission men and who retains
title to such products, shall make it a condition that such sales
agencies or commission men agree to be bound by and comply with
all trade practice provisions of this Code to the same extent as applies
to and is required of a member of the Industry.
3. Terms of sale on all merchandise sold to various classes of
customers, as hereinbefore defined, shall not be greater than the
following :
All customers in Class (a^, 2% ten days E.O.M., net sixty days.
All customers in Class (b), 2% ten days E.O.M., net sixty days.
All customers in Class (c), 2% ten days E.O.M.
All customers in Class (d), 2% ten days E.O.M.
All customers in Class (e), 2% ten days E.O.M.
Invoices rendered for goods shipped on and after the twenty-fifth
day of each month may bear the date of the first day in the following
month, but no other dating shall be allowed, except as hereinafter
provided.
4. Garter belts sold to Corset Departments may be sold on cash
and/or trade discounts not greater than eight percent (8%) ten
days E.O.M.
5. (A) No member of the industry shall give to any customer any
trade discount, quantity discount, or any other discount, rebate, or
allowance, except as provided in Sections 3 and 4 hereof. The pro-
visions of this section shall not be construed to prohibit price differ-
entials by any member of the industry between customers.
(B) No member of the industry shall give to any customer any
rebate or allowance of any kind on any merchandise because of a
decline in price after shipment has been made.
(696)
697
6. (A) "• Holiday Goods " may be shipped to customers in Class
(C), as hereinbefore defined, at the manufacturer's convenience and
not more than thirty (30) days' dating given, provided that such
extra dating shall not make the discount date fall later than Janu-
ary 10 of the following year; anticipation may be allowed at a rate
not to exceed one half of one percent monthly, but such datings and
anticipation shall be confined exclusively to " Holiday Goods."
(B) "Holiday Goods" may be shipped to customers in Classes
(a), (b), (d), and (e), as hereinbefore defined, at the manufacturer's
convenience and not more than sixty (60) days' dating given, pro-
vided that such extra dating shall not make the discount date fall
later than January 10 of the following year; anticipation may be
allowed at a rate not to exceed one half of one percent monthly, but
such datings and anticipation shall be confined exclusively to " Holi-
day Goods,"
The t€rm "Holiday Goods", as used herein above, is defined to
include any merchandise specially packed for the Christmas trade
and intended to be sold for Christmas gifts, and having special con-
tainers or other designation appropriate to Christmas. All other
merchandise is definitely excluded from the special terms provided
in Section 6.
7. No member of the Industry shall give, permit to be given, or
directly offer to give anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representative
of another in relation to the business of the employer of such em-
ployee, the principal of such agent, or the represented part}'- with-
out the knowledge of such employer, principal, or party. Commer-
cial bribery provisions shall not be construed to prohibit a general
distribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
above defined.
8. No member of the Industry shall accept the return of any arti-
cle for credit or exchange which is subject to the provisions of the
Code, except on account of defects in manufacture; provided, how-
ever, that articles returned on account of errors in shipment, delay
in delivery, or failure to conform to specifications may be accepted
if returned within ten (10) days from date of receipt by the
customer.
9. No merchandise shall be shipped on consignment, memoranda,
or guaranteed sale.
10. No member of the Industry shall sell any article, subject to the
provisions of this Code, at a price below his individual cost. How-
ever, any member may meet the price competition of any competitor
whose cost under this Code is lower. Cost for the purposes of this
provision shall be determined in accordance with the uniform cost
and accounting system provided for in Article V, Section 2, subsec-
tion (i) hereof when such system is recommended by the Code Au-
thoritv and approved by the Administrator.
11. The sale and/or delivery of distressed merchandise, discontin-
ued styles, salesmen's samples, seconds, and faulty or defective mer-
chandise falling below the manufacturer's standard for regular goods,
and all similar merchandise, shall bo confined to two periods during
the year, viz, one ])eriod from December 16 to Jniuiary 31 and another
period from July 5 to August 5 of each year, provided, however, that
698
upon application to the Code Authority a Member of the Industry
may upon proper showing obtain permission to dispose of merchan-
dise covered by this provision at other periods than those herein pro-
vided, and upon such reasonable terms and conditions as the Code
Authority may impose. Merchandise sold in accordance with this
provision shall be exempt from the provisions of Section 10. Any
action taken by the Code Authority under this provision shall be
subject to revieAv by the Administrator.
12. No member of the Industry shall make, directly or indirectly,
any advertising allowance to any customer.
13. No extra discount shall be allowed on merchandise supplied
to wholesale merchants for use as samples. Equipment rolls and
folders may be supplied to wholesale merchants by manufacturers
at a price of not less than the cost to the manufacturer.
14. No member of the industry 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.
15. No member of the Industrj^ shall by purchase or exchange, or
in any other manner acquire another manufacturer's merchandise
from any customer, for the purpose of affecting or in any manner
influencins the sale of merchandise to such customer.
't?
Approval Code No. 94 — -Amendment No. 1.
Registry No. 271-1-01.
Approved Code No. 204. Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PLUMBING FIXTURES INDUSTRY
As Approved on January 31, 1934
ORDER
Terminating Stay Contained in Order of the Administrator fok-
Industrial Recovery, Dated January 13, 1934, Approving Code;
OF Fair Competition for the Plumbing Fixtures Industry and-
Finally Approving Said Code as Modified
An Order was signed on January 13. 1934, by the Administrator
for Industrial Recoveiy, on behalf of the President of the United
States, approving a Code of Fair Competition for the Plumbing
Fixtures Industry but staying for a period of sixty (60) days the
application of certain of the provisions of Section 7 of Article VIII
of said Code.
An application having been duly made by the Committee on
Organization of the Code of Fair Competition for the Plumbing
Fixtures Industry, the applicant for the approval of said Code, for
the termination of such stay, and such applicant having requested
and agreed to the termination of such stay subject to the proviso
hereinafter set forth in this Order:
NOW, THEREFORE, on behalf of the President of the United
States. I, Hugh S. Johnson. Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby order that said stay be and it is
hereby terminated, provided, however, that the provisions of the
second paragraph of Section 7 of Article VHI of said Code (con-
tained in the sole complete paragraph appearing on Page 22 of said
Code as originally submitted for approval be modified to read as.
follows :
" In recognition of the fact that the products of these indus-
tries cannot be installed in ultimate service without the per-
formance of wholesaling functions such as assembling, ware-
housing, and buying in bulk of these products and of accessory
and complementary products by individuals, firms, or corpora-
tions either exclusively or in conjunction with the performance-
of the fimction of retailing said individuals, firms, corporations,,
or other persons, in consideration of the performance of such
wholesaling function and of purchasing in wholesale quantities,
40121—34 4 (699)
700
-shall receive a trade discount from published prices greater than
the trade discount accorded to any individuals, firms, corpora-
tions, or other persons who do not perform the wholesaling
function hereinabove described. The difference between the
trade discount allowed to those individuals, firms, corporations,
or other persons performing such wholesaling function and the
trade discount accorded to other purchasers for resale, shall be
determined by each individual manufacturer in establishing his
wholesale purchase price level and his retail purchase price
level ; but in no case shall such difference be less than the per-
centage determined by the Code Authority, with the approval
of the Administrator, subject to modifications made therein
from time to time with the approval of the Administrator, such
percentage and such modifications therein to be confirmed by
immediate studies of the value to the consumer of the functions
involved. Such studies shall be made by an impartial fact-
finding agency under the direction of the Code Authority."
.and do order that said Code of Fair Competition for the Plumbing
Fixtures Industry, as so modified with the assent of the said Com-
mittee on Organization of the Code of Fair Competition for the
Plumbing Fixtures Industry, be and it is hereby approved and that
the previous approval of said Code is hereby modified to include
an approval of said Code in its entirety as modified as hereinabove
provided, such approval and such modification to take effect ten (10)
days from the date hereof, unless good cause to the contrary is
shown to the Administrator before that time and the Administrator
issues a subsequent order to that effect.
Hugh S. Johnson,
Adrtimistrator for Industinal Recovery.
Approval recommended:
I W. A. Harriman,
Division Admmistraior.
Washington, D.C,
Januofry 31, IQSJf..
-u— i:;^..!
KEPORT TO THE PRESIDENT
The President,
The IVMte House.
Sir : This is a report on an amendment to the second paragraph of
Section 7, Article VIII, in the Code of Fair Competition for the
Plumbing Fixtures Industry as approved on January 13, 1934.
In the order, approving the above Code, executed on January 13,
1934, by the Administrator for Industrial Recovery, the application
of the provisions of Section 7 of Article YIII was stayed for a
period of sixty (60) clays in order to afford consideration of the
objections of an}- interested parties to such provisions. Inasmuch as
said provisions have been revised to clarify their meaning and intent,
probability of objection has been greatly minimized.
The amended provisions do not in any way affect the Wage and
Hour provisions of the Code or the number of workers employed.
Their specified purpose is further to stabilize an Industry where
unfair competition may be exceedingly detrimental to the continued
successful operation of the members of the Industrj\
The Assistant Deputy Administrator in his final report to me
on said amendment to said Code having found as herein set forth
and on the basis of all the proceedings in this matter;
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible uti-
lization of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
' (b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3. Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The applicant associations were and are industrial associa-
tions truly representative of the aforesaid Industry and that said
associations imposed and impose no inequitable restrictions on ad-
mission to membership therein and have applied for or consents to
this amendment.
(701)
702
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices,
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
(g) For these reasons, therefore, I have approved the amendment
to this Code.
Kespectfully,
Hugh S. Johnson,
Administrator,
January 31, 1934.
Approved Code No. 204, Amendment No. !►
Registry No. 1129-03.
SUPPLEMENTS
Approved Code No. 84. Supplement No. 1
SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE
METALLIC WALL STRUCTURE INDUSTRY
As Approved on January 10, 1934
ORDER
Approving Supplementary Code of Fair Competition for the
Metallic Wall Structure Industry
A division of the fabricated metal products manufacturing and-
metal finishing and metal coating industry
An application having been duly made pursuant to and in full
compliance Avith the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and in accordance with the
provisions of Section I of Article VI of the Basic Code for the Fab-
ricated Metal Products Manufacturing and Metal Finishing and
Metal Coating Industry, approved November 2, 1933, for approval
of a Supplementary Code of Fair Competition for the Metallic Wall
Structure Industry; and hearings having been duly held thereon;
and the annexed report on said Supplementary Code, containing,
findings with respect thereto, having been made and directed to the
President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval Recommended :
Malcolm Muir,
Division Administrator. . ;
Washington, D.C,
Januai^ 10^ 193Jf.
(703)
KEPORT TO THE PRESIDENT
"The Presidext,
The White House.
Sir : This is a "report on the Supplementary Code of Fair Compe-
tition for the Metallic Wall Structure Industry, a division of the
Fabricated Metal Products Manufacturing and Metal Finishing and
Metal Coating Industry, and on the hearing conducted thereon in
Washington, D.C., December 22, 1933, in accordance with the pro-
visions of Title I of the National Industrial Recovery Act.
GENERAL STATEMENT
The Metallic Wall Structure Industry, being truly representative
of this division of the Fabricated Metal Products Manufacturing
and Metal Finishing and Metal Coating Industry, has elected to
avail itself of the option of submitting a Supplementary Code of
Fair Practice, as provided for in Section 1 of Article VI of the
Basic Code, for the Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating Industry approved by you on
the second day of November 1933.
RESUME OF THE CODE
Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the Supple-
mentary Code.
Article III : This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and the labor provisions of its Basic Code, as approved
November 2, 1933, are the labor provisions of this Supplementary
<I!ode.
Article IV establishes a Supplementary Code Authority consist-
ing of seven members of which five shall be elected by the members
■of the National Steel Partition Association or its successor, and two
shall be elected by members of the Industrj^ who are not members
of the Association, if any, and gives the Administrator the authority
to appoint one additional member without vote and provides ma-
'chinery for obtaining statistics and the administration of this Code.
Article V sets forth the fair trade practices of this Supplementary
*Code which has been especially designed to effect fair competition
in this division of the Industry.
Article VI contains the mandatory provisions contained in Sec-
tion 10 (b) of the Act and also provides for the submission of pro-
posed amendments to the Code.
Article VII provides against monopolies and monopolistic prac-
tices.
Article VIII recognizes that price increases be limited to actual
additional increases in the seller's costs.
Article IX states the effective date of this Supplementary Code.
(704)
705
FINDINGS
The Assistant Deputy Adminstrator in his final report to me on
said Code having' found as herein set forth and on the basis of all
the proceedinss in this matter ;
I find that—
(a) Said Supplementary Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organ-
ization of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity
of industries, by avoiding undue restriction of production (except
as may be temporarily required), by increasing the consumption
of industrial and agricultural products through increasing purchas-
ing power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50.000 em-
ployees, and is not classified by me as a major industry.
(c) The Supplementary Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
of the aforesaid Industr}^; and that said association imposes no
inequitable restriction on admission to membership therein.
(d) The Supplementary Code is not designed to and will not
permit monopolies or monopolistic practices.
(e) The Supplementary Code is not designed to and will not elimi-
nate or oppress small enterprises and will not operate to discriminate
against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons, therefore, I have approved this Supplementary
Code.
Respectfully,
Hugh S. Johnson,
A d7mnistrator,
January 10, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE METALLIC WALL STRUCTURE INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act the following provisions are submitted as a Supple-
mentary Code of Fair Competition for the Metallic Wall Struciurs
Industry, pursuant to Article VI of the Basic Code of Fair Compe-
tition for the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, approved by the President
of the United States on the second day of November 1933, and upon
approval by the President shall be the standard of fair competition
for this Industry and shall be binding upon every member thereof.
Article II — Definitions
Section 1. The term " Metallic Wall Structure Industry " as used
herein includes the manufacture and/or sale of installations of Me-
tallic Wall Structures as defined hereinafter and/or the manufacture
and/or sale by manufacturers of parts for use in such installations.
Sec. 2. The term " Metallic Wall Structure " as used herein means
any structure such as is commonly employed to subdivide the inte-
riors of buildings, such as partitions, railings, etc., which are made
up of separately electable units and include steel panels and/or sup-
porting or framing members of the type known as pressed or form
rolled or tubular or hollow metal, extending either vertically or hori-
zontally, and panel fillers or stretchers of steel, glass, wallboard, wire
mesh, etc., supj)orted thereby as well as fittings, stampings, doors,
transoms, sash, and accessories for use in connection therewith.
Sec. 3. The term " Member of the Industry " includes, liut without
limitation, any individual, partnership, association, corporation, or
other form of ent^^rprise engaged in the industry, either as an em-
ployer or on his or its own behalf.
Sec. 4. The terms " President ", "Act ", and "Administrator " as
used herein mean, respectively, the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
Sec. 5. The term " Basic Code " as used herein is defined to mean
the basic code of fair competition for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry as
approved by the President on the second day of NoAember 1933.
(706)
707
Sec. 6. The term " Supplementary Code Authority " as used herein
is defined to mean the agency established to administer this Supple-
mentary Code.
Sec. 7. The term "Association " as used herein is defined to mean
the National Steel Partition Association.
Sec. 8. The term "Agent " as used herein is defined to mean a
sales agent who represents a member of the industry as an employee
in the placement of contracts and/or contacts the public on behalf
of a member of the Industry.
Article III — Employment Provisions
Section 1. This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and the labor provisions of its Basic Code as approved by
the President are the labor provisions of this Supplementary Code.
Article IV — Organization and Administration
The Supplementary Code Authority is hereby constituted to co-
operate with the Administrator in the administration of this Supple-
mentary Code.
Section 1. The Supplementary Code Authority shall consist of
seven (7) members, five (5) of whom shall be elected by the mem-
bers of the Association on or before the effective date of this Supple-
mentary Code and two (2) of whom shall be elected b}^ members of
the Industry who are not members of the Association, if any. In
the event the nonmembers fail to elect either of the latter two Avithin
a reasonable time such vacancy shall l)e filled by the balance of the
Supplementary Code Authority. In addition thereto there may be
one (1) member appointed by the Administrator who shall be with-
X)ut vote, and may attend all meetings and shall be given reasonable
notice thereof.
Sec. 2. Each trade or industrial association, directly or indirectly
participating in the activities of the Supplementarv Code Authoritv.
shall ' ■
(a) Impose no inequitable restriction on membership.
(b) Submit to the Administrator true copies of its Articles of
Association. By-Laws. Regulations, and any Amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effect the purposes of the Act.
Sec. 3. In order that the Supplementary Code Authority shall
at all times be truly representative of the Industry and in other
respects comply with the provisions of the Act, the Administrator
may prescribe such hearings as he may deem proper ; and thereafter
if he sliall find that the Supplementary Code Authority is not truly
representative or does not in other respects comply with the pro-
visions of the Act. may require an appropriate modification in the
method of selection of the Supplementary Code Authority.
Sec. 4. Nothing contained in this Supplementary Code shall con-
stitute the members of the Supplementary Code Authority partners
for any purpose.
708
POWERS AND DUTIES
Sec. 5. The Supplementary Code Authority shall have the follow-
ing duties and powers :
(a) To elect officers and to assign to them such duties as it may
consider advisable and to provide rules for its procedure and its
continuance as the administrative agency of this Supplementary
Code, in accordance with the terms of the Act and the principles
herein set forth.
(b) To delegate to such trade associations and other agencies as
it deems proper the carrying out of any of its activities provided
for herein, and to pay such agencies the cost thereof, provided that
such agencies shall at all times be subject to and comply with the
provisions of this Supplementary Code, and provided further that
nothing contained herein shall relieve the Supplementary Code
Authorit}^ of its responsibilities under this Supplementary Code.
(c) To coordinate the administration of this Supplementary Code
with such other Codes, if any, as may be related to this Industry,
or an}' subdivision thereof, with a view to promoting joint and
harmonious action upon matters of common interest.
(d) To delegate an impartial agency to make surveys, to compile
reports, to collect statistics and trade information, to investigate
unfair trade practices, to make recommendations for fair trade
practices, and otherwise assist the Administrator in effecting the
purposes of this Supplementary Code and the Act.
(e) To cooperate wdth the Administrator in regulating the use
of the N.R.A. insignia solely by those employers who have assented
to this Supplementary Code and have paid their proportionate share
of the cost of administering this Supplementary Code.
(f) No member of the Industry shall be entitled to participate
in or share the benefits of the activities of the Supplementary Code
Authority or participate in the selection of the members thereof-
unless he assents to and complies with the requirements of this Sup-
plementary Code and sustains his reasonable share of the expense
of its administration.
The reasonable share of the expense of administration shall be
determined by the Supplementary Code Authority, on the basis of
volume of business and/or such other equitable factors as the Sup-
plementary Code Authority may determine, subject to the approval
of the Administrator.
(g) To report, as the Basic Code, Article IV. Section 1, may re-
quire, to the Fabricated Metal Products Federation or its successor
organization.
(h) To set up credit bureaus and subdivisions for the collection of
bad accounts.
(i) To have such other powers and duties consistent with the Act
as may be necessary for the complete administration of this Supple-
mentary Code.
Sec. 6. If the Administrator shall determine that any action of a
Supplementary Code Authority or any agency thereof is unfair or
unjust or contrary to the public interest, the Administrator may
require that such action be suspended for a period of not to exceed
thirty days to afford an opportunitj^ for investigation of the merits
709
of such action and further consideration by such Supplementary
Code authority or agency pending final action, which shall be taken
only upon approval by the Administrator.
Article V — Trade Practices
Any member of the Industry who shall directly or indirectly,
through any officer, employee, agent, or representative, use or employ
any of the unfair methods of competition set forth in Article V of
the Basic Code, or in Article V of this Supplementary Code, shall
be guilty of a violation of this Supplementary Code.
It shall be an unfair trade practice for any member of the
Industry :
Section 1. To fail to comply with the. following provisions for ac-
counting and costing with respect to that portion of his product
which is within the Industry. Every member shall use an account-
ing system for the purpose of determining allowable cost which
conforms to the principles of, and is at least as detailed and complete
as. the uniform method of accounting, and the uniform method of
costing, to be formulated by the Supplementary Code Authority,
subject to the approval of the Administrator with variations there-
from as may be required by the individual conditions affecting any
member or group of members, and as may be approved by the Sup-
plementary Code Authority and the Administrator.
vSec. 2. To sell or exchange any product of the Industry at a price
or upon terms and conditions which will result in the purchaser
paying for the goods received, less than the allowable cost thereof
to the seller, determined in accordance with a uniform method of
costing above described. Provided further, however, that a member
of the industry may sell below his own cost to meet the competition
of a lower cost producer of products of equivalent design, quality,
or specifications, provided that when a member of the industry sells,
or wishes to sell below his own cost to meet such competition, he
shall so report to the Supplementary Code Authority and shall
cite the competition which caused him to take this action.
Sec. 3. To fail to comply with the following provisions for the
publication of prices :
(a) Each member of the Industry shall within five days of the
effective date of this Supplementary Code publish a complete price
list of the products of the Industry offered for sale by him, showing
all prices, terms and discounts, and copies of this price list and/or
discount sheets shall be filed with the Supplementary Code Author-
ity, who shall immediately send copies, or portions tliereof, to all
other members of the Industry who have assented to and are com-
plying with this Supplementarv' Code and have filed price lists
covering similar items. Such price lists and terms and conditions
of sale so filed with the Supplementary Code Authority shall be
open to inspection at all reasonable times by any interested party.
(b) New and/or revised price lists and /or discount sheets and/or
additions thereto may be filed at any time thereafter with the
Supplementary Code Authority by any member of the Industry to
become effective on the date specified therein, but such price lists
710
and/or diseoiuit sheets shall be filed with the Supplementary Code
Authority ten (10) days in advance of said effective date.
(c) Copies of such price lists and/or discount sheets or portions
thereof, with notice of the effective date specified therein, shall be
immediately sent to all members of the Industry who have filed
price lists on similar articles and who are cooperating in this Sup-
plementarj' Code, who thereupon maj^ file revisions of their own
published i3rice lists and/or discount sheets, provided that their re-
vision is not for a lower price or on more favorable terms than that
set forth on the revised price list first filed, and said revision shall
become effective upon the date when the said revised price list and/or
discount sheets first filed shall go into effect.
(d) No member of the Industry shall sell, directly or indirectly,
by any means whatsoever, anj^ product of the Industry at a price
or at a discount or on terms of payment other than those provided
in his published price list and/or discount sheets.
(e) In any event a member of the Industry must certify to the
Supplementary Code Authority in the submission of all lists that
the prices therein set forth, with any discounts thereon, will not cause
the sale of the product below his own allowable cost, except as here-
inbefore provided.
(f) A tabulation of all bids which on account of bid bonds or
other reasons will remain effective beyond the effective date of any
new or revised list shall be submitted on or before such effective
date to an impartial agency to be designated by the Supplementary
Code Authority.
Sec. 4. To fail to use such standard form of price lists including
the classification and designation of all items to appear thereon, as
ma}' be authorized by the Supplementary Code Authority and ap-
proved by the Administrator, and to fail to file within ten (10) days
of such authorization his price list and discounts in the form,
required.
Sec. 5. To sell or offer for sale any product of the Industry not
on his published price list, without first reporting such intended sale
to the Supplementary Code Authority, at least five (5) days in
advance.
Sec. 6. To fail to file with such impartial agency as the Supple-
mentary Code Authority may designate, reports of such transactions
as may be required, in the manner and form and at the time required.
Sec. 7. To quote a lump sum price, including any items not in
accord with or included in his published price list. All quotations
shall show separate prices for the products quoted in accord with
the price list separate from the products of other Industries. In no
case shall it be made a condition of the proposal or sale that a lower
price will eventuate by purchasing said products in combination.
Sec. 8. To permit any employee whether paid on commission or
otherwise to divide or offer to divide his commission, allowance, or
other compensation with a purchaser or prospective purchaser either
directly or indirectly, or give any commission or allowance to a
consumer or purchaser.
Sec. 9. To make any sale or offer of sale of any product of the
Industr3\ under any description which does not fully describe such
711
product in ternis^ ciistoniaiily u.--ecl in the Industry, as determined
by the Supplementary Code Authority.
Sec. 10. To vohmtarily cancel in whole or in part, or permit the
cancellation in whole or in part, of any contract of sale of any
product unless the credit allowed for such cancellation shall permit
the portion of the contract actually furnished to be priced in accord-
ance with the published price for such quantity, plus a fair consider-
ation for all work done or service performed in connection with sucH
cancellation.
Sec. 11. To assume or offer to assume any responsibility, and or
replace any spoiled materials and/ or accept any back-char<;es per-
taining to any phase of erection or any accessories, in connection
with a sale or offer for sale of any metallic wall structure, or part
thereof, other than installed complete, unless such responsibility is
definitely and specifically fixed b}- the terms of the offer for sale and
contract of sale.
Sec. 12. To submit any samples in excess of 25 sq. ft. in area
other than on premises regularly occupied by the member, unless
the member has receiAed an order for such material at his regularly
established prices or received specific approval from the Supple-
mentary Code Authority.
Sec. 13. To quote alternates as lump-sum prices where the require-
ments of a buyer are determined by specific plans and specifications
unless the alternates be required by the plans or specifications. Al-
ternates, other than those required by the plans and specifications,
may be quoted as additions to or deductions from a required lump-
sum i^rice, provided the nature of the deviations from the specifica-
tions or plans is fully and distinctly set forth.
Sec. 14. To enter into term contracts covering a definite period
of time for indefinite quantities of metallic wall structures, without'
provision for reimbursement for future increases in cost of labor,
material or overhead expenses over those current at time contract
is accepted.
Sec. 15. To accept an order or contract except in a form as de-
tailed and complete as that prescribed by the Supplementary Code
Authority, and ajDproved by the Administrator.
Sec. 16. To give a guarantee against defective materials and
workmanship on materials sold, for more than one year from date
of installation.
Sec. it. To attempt to induce the breach of an existing contract
between a comi:)etitor and his employee or customer or source of
supply; nor shall an}" such member interfere with or obstruct the
performance of such contractual duties or services.
Sec. 18. To publish or circulate unjustified or unwarranted threats
of legal proceedings which tend to or have the effect of harassing
competitors or intimidating their customers. Failure to prosecute
in due course shall be evidence that any such threat is unwarranted
or unjustified.
Sec. 19. To sell or offer for sale, upon the specification or request
of a purchaser, any product of the Industry which includes contours,
designs, or parts not regularly tooled and manufactured without
including the cost of all tools, equipment, engineering services, and
712
experimental set ups required to properly initiate the manufacture
of such products.
Seo. 20. To fail to register Avith the Supplementary Code Author-
ity a list of the names and addresses of all agents.
Article VI — Modifications
Section 1. This Supplementary Code and all the provisions thereof
are expressly made subject to the right of the President, in accord-
ance with the provision of subsection (b) of Section 10 of the
National Industrial Recovery Act, from time to time to cancel or
modify any order, approval, license, rule, or regulation issued under
Title I of this Act and specifically, but without limitation, to the
right of the President to cancel or modify his approval of this
Supplementary Code or any conditions imposed by him upon his
approval thereof.
Sec. 2. This Supplementary Code, except as to provisions required
by the Act, may be modified on the basis of experience or changes in
circumstances; such modification to be based upon application tc
the Administrator and such notice and hearings as he shall specify;
and to become effective on approval by the President.
Article VII — Monopolies
No provision of this Supplementary Code shall be interpreted in
such way as to permit conduct or operations tending to promote
monopolies or to eliminate or oppress small enterprises, or to dis-
criminate against them.
Article VIII — Price Increases
Section 1. Whereas the policy of the Act to increase real purchas-
ing power will be made imioossible of consummation if prices of goods
and services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed. But when made such increases should, so far
as possible, be limited to actual additional increases in the seller's
costs.
Article IX — Effective Date
This Supplementary Code shall become effective five calendar days
after its approval by the Administrator and shall continue in effect
until June 16, 1935. or the earliest date prior thereto on which the
President shall, by proclamation, or the Congress shall, by Joint
Resolution, declare that the emergency recognized by Section I of
the National Industrial Recovery Act has ended.
Approved Code No. 84. Supplement No. 1.
Registry No. 1123-08.
Approved Code No. 1 — Supplement No. 1
SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE
COTTON CONVERTING INDUSTRY
As Approved on January 24, 1934
ORDER
Approving Supplementary Code of Fair Competition for the
Cotton Textile Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
RecoA'ery Act, approved June 16, 1933, for approval of a Supple-
mental Code to the Code of Fair Competition for the Cotton Textile
Industry, and hearings having been duly held thereon and the an-
nexed report on said Code, containing findings with respect thereto,
having been made and directed to the President :
NOW. THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise: do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Adininistrator for Industrial Recovery.
Approval recommended :
A. D. Whiteside,
Division Administrator.
Washington, D.C,
January 2^, 1,9-34.
(713)
40121—34-
KEPOET TO THE PRESIDENT
'J1ie President,
The \\hite House.
Sir : This is a repoit on the Hearing on Supplemental Code No. 1
to the Cotton Textile Code, containing trade practices relating to
the sale and distribution of products of the Cotton Textile Industry,
held in accordance with the provisions of the National Industrial
Recovery Act, in the Willard Room of the New Willard Hotel on
November 23, 1933. The Code, which is attached, was presented by
duly qualified and authorized representatives of the Industry, com-
plying with statutory requirements, said to represent 177 out of
350 concerns and 75% in volume of the Industry.
In accordance with the customary procedure every person who
had filed a request for an appearance was freely heard in public,
and all statutory and regulatory requirements were complied with.
The Code originally proposed was for the Cotton Converting
Industry. To understand the functions of converting, it must be
appreciated that the business of merchandising goods included under
this Code involves an element of speculation in style and market.
Where this speculation is inherent to a marked degree, the function
of risk taking and merchandising has been fulfilled by concerns
separate from manufacturers and producers of the merchandise.
Where portions of the business handled by these converting firms are
found to be of such a nature that stability of st3de and use lessens
the risk and where it is not necessary to distribute the product of
one manufacturing establishment over a too-extended varietA^ of
outlets, the plants themselves are found to be in competition with
the converters. Accordingl}', it was found that the converting in-
dustry wanted its trade practices to cover original sale by manu-
facturing plants, designated as " integrated producers ", while man-
ufacturing plants themselves wanted the sale of their products
covered, as in most other instances, by their oAvn manufacturing code.
To solve this problem, the Cotton Converting Industry has been
brought into the Cotton Textile Code. It constitutes in essence part
of the original sale of merchandise manufactured under this latter
Code, rather than occupying the position of jobber or distributor.
THE INDUSTRY
The Industry comprises about 350 concerns, having an aggregate
invested capital of approximately $200,000,000. In 1929 the Industry
provided employment for 10,000 workers. This figure has declined
to about 9,000 employees in 1933. The aggregate annual sales have
fallen from $1,000,000,000 in 1929 to about $600,000,000 in 1932.
(714)
715
PROVISIONS OF THE CODK
While the problem of employment from a Code point of view in
the Industry is a comparatively minor one, the orderly maintenance
of the right kind of market for cloth is a help toward more con-
tinuous emplo3^ment in the weaving and finishing mills wiiich supply
this market. Accordingly, the trade practices submitted in the pro-
posed supplemental Code have been given careful study. They have
been assented to by the preponderant majority of the Converting
Industry, and by the Cotton Textile Industry Committee, subject to
individual members of the Industry having the right to make their
own objections. Such objections have been dul}^ heard. The pro-
visions offered herewith are not nearly as restrictive in many cases
as those proposed. They are, however, corrective of certain ad-
mitted abuses and are an attempt at self-regulation on the part
of the Industry, while containing no provisions likely to constitute
a burdensome hampering of trade.
FTXDIXGS
The Deputy Administrrttor in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter ;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate go'i'ernmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tempo-
rarily required), by increasing the consumption of industrial and
agricultural i^roducts through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including Avithout limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
716
(e) The Code is not designed to and will not eliminate or oppress
•small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
'Code.
For these reasons, the Code has been approved.
Respectfully.
Hugh S. Johnson,
Administrator.
January 24. 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE COTTON TEXTILE INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act (hereinafter referred to as the "Act"'), the following
provisions are established as Supplemental Code No. 1 to the Code
of Fair Competition for the Cotton Textile Industry, to deal with
trade practices in the sale and distribution of the products of that
Industry, and shall be the standard of fair competition for such
Industr}' in respect of such sale and distribution, and shall be bind-
ing upon every member thereof in the manner and to the extent
therein provided.
I. Definitioii-s. — (1) " Master Code " means the Code of Fair Com-
petition for the Cotton Textile Industr}', finalh' approved July 16,
1933, as heretofore or hereafter amended.
(2) " Branch of the Industry " means the sale and distribution at
wholesale of products of the Cotton Textile Industry by any concern
insofar as it does manufacturing and/or finishing of the same for its
own account or the account of others or has the same finished by
others for its own account or for the account of others, or by a
commission house or broker acting for same.
(3) "Member of branch of the Industry" means any business
entity engaged in this branch of the Industry.
(4) •' Finished goods " means grey a:oods, products of the Cotton
Textile Industry, after being processed or finished in the completed
fabrics as intended for use.
II. All members of this branch of the Industry' shall be subject
to and comply with the provisions of the Master Code in addition
to the applicable provisions of this Supplemental Code.
III. There shall be constituted at this time in this branch of the
Industry the following divisions of finished goods, the precise scope
of these divisions being further defined in Section V hereof :
1. Clothiers' Linings (other than all-cotton).
2. Corset, Brassiere, and Allied Trades Fabrics.
3. All-Cotton Clothing Lining.
4. Curtain and Drapery Fabrics.
5. Shirtings.
6. Wash Goods.
7. Interlinings.
Anything herein or in Section V hereof to the contrary notwith-
standing the foregoing divisions shall not include the following:
Moleskins and corduroys;
Bleached wide sheetings, sheets, pillow cases, dyed ducks:
Unbleached, bleached, colored, dyed and printed flannels,
suedes and duveteens:
l^ (717)
718
Outerwear material such as mineral and sulphur khakis,
ducks, smnnier suitings, pantaloonings, raincoatings, water-
proof clothing fabrics, and all other converted fabrics for
similar purposes;
Towelling, crashes, and plain bleached Terry Cloths ;
Table damask and napkin fabrics;
Birdseye and diaper cloths.
IV. All members of this branch of the Industry insofar as tlieir
activities fall within any of the divisions enumerated in Section III
hereof shall comply with the following general rules of trade practice :
1. The secret payment or allowance, directly or indirectly, or by
any scheme, method, or device, of rebates, refunds, commissions,
credits, or unearned discounts, whether in the form of money or
otherwise, or the secret extension to certain purchasers of special
services or privileges not extended to all purchasers on like terms
and conditions is prohibited.
2. The false marking or branding of any product which has the
tendency to mislead or deceive customers or prospective customers
in any way whatsoever is prohibited.
3. The imitation of a trade mark, trade name, slogan, or the other
marks of identitication of competitors, having the tendency and
capacity to mislead or deceive is prohibited.
4. Upon approval of the Administrative Committee of a plan of
registration, members of this branch of the Industry may register
with the Textile Fabrics Association the following: Jacquard de-
signs, twenty-harness dobby designs, prints, and such other designs
or styles as may be considered as novel. Upon registration, such
designs or styles shall be confined to the registrant for a six-month
period and for an additional six months thereafter, if wdthin the
first six-month period the registrant can demonstrate to the satis-
faction of the Administrative Committee that he has caused the
manufacture in further quantity of said design, i)attern, or style.
At the end of the second six months' ownership period, the registrant
may obtain renewals of all rights to such design, pattern, or style
by semiannual re-registration, A proper registration fee will be
determined by the Administrative Committee.
No member of this branch of the Industry shall commit or be a
party to the piracy of any design, pattern, or style originated by
another member of the Industry in a form sufficiently like the
original to be mistaken for it, or the sale thereof, or sell or quote
on the pattern, design, or style of another member of the Industry.
V. Members of this branch of the Industry insofar as their activi-
ties fall within any of the divisions described in Section III shall
comply with the particular rules applicable to such divisions as
follows :
Division 1
CLOTHIERS' LININGS (OTHER THAN ALL COTTON)
DEFINITION
The products included in this Division are body and/or sleeve lin-
ings (other than all cotton) for use by manufacturers of men's and
boys' clothing, and also by book tailor and trimming establishment?*.
719
TRADE PRACTICES
1. Terms of sale shall not exceed net CO E.O.M.. except that bills
im and after the 25th of the month may be dated as of the 1st of the
following month. Anticipation may be allowed at a rate not to
■exceed 6% per annum. Sample pieces shipped on memorandum
shall be billed retroactively as of date of shipment.
Where, subsequent to date of sale, a credit situation previously
unknown to seller, should render impossible adherence to this kSec-
tion. these provisions may be relaxed upon approval of application
to Divisional Committee.
2. Deliveries. — All iroods shall be sold F.O.B. finisher or main
office registered with the Textile Fabrics Association.
3. Uniform Contract. — The provisions of a sales note recom-
mended by the Divisional Committee and the Administrative Com-
mittee, when approved by the Code Authority and the Administra-
tor, shall be used and adhered to on all sales for future delivery.
4. The Divisional Committee may make recommendations : (1) For
the use by all members of the Division of a system of cost accounting
at least as detailed and complete as a standard system of cost account-
ing adopted by the Divisional Committee. (2) For regulation of
sale below cost when and if same may be so determined, but nothing
herein contained shall limit the right to sell seconds, out-of -fashion,
distress, and shopworn goods, when so billed.
Such recommendations (numbers 1 and 2, supra) when approved
by the Administrative Committee, the Code Authority, and the
Administrator, shall have the same force and effect as the other
provisions of this Supplemental Code.
The above-mentioned recommendations must be communicated by
the Divisional Committee to all members of said Division not less
than ten days prior to date of submission of Divisional Committee's
recommendations to the Administrative Committee or other superior
agency.
5. No merchandise ma}' be sold on consignment, nor may any
method of selling be used which has the effect of selling on consign-
ment or memorandum. Sample pieces to manufacturers for inspec-
tion are exempt from the application of this rule. The Divisional
Committee shall have the power to suspend the operation of the
provisions of this Section.
6. Xo stock protection or price guarantee shall be given.
7. Sales offices shall not be open for the transaction of business on
Saturdays and Sundays.
Division 2
CORSET, BRASSIERE, AND ALLIED TRADES FABRICS
DEFIXITION
The products included in this Division are those sold for use in
the manufacture of corsets, girdle corsets, step-in corsets, brassieres,
bandeaux-brassieres, corsets, girdle corsets, or step-in corsets attached
to brassieres or bandeaux-brassieres and all similar body-supporting
garments, and in the manufacture and supply of accessories such as
720
shields, stripping, binding, tabs, hook-and-eye cloth, etc., cut from
converted cloths, entering into or used with such finished products.
TRADE I'RACTICES
1. Terms of sale shall not exceed 2% — 10 days, 60 extra ; or 3% — 10
days, or 3% — C.O.D. No extra dating shall be allowed. Anticipa-
tion shall be at legal rate of interest. Past due payments shall carry
interest at legal rate from date of maturity.
2. DeliveHes. — All goods shall be sold F.O.B. point of origin.
In the case of shipments from finished stock carried in New York
City the point of origin is the bleachery, dye Avorks, and/or finish-
ing plant at which the goods were processed.
3. Uniform Contract. — The provisions of a sales note recommended
by the Divisional Committee and the Administrative Committee,
when approved by the Code Authority and the Administrator, shall
be used and adhered to on all sales for future delivery.
4. Sample Requirements. — Each sample cut in excess of one-half
yard in length furnished customers shall be charged for at regular
sales price of the fabric.
5. No merchandise may be sold on consignment, nor may any
method of selling be used which has the effect of selling on con-
signment or memorandum. Sample pieces to manufacturers for
inspection are exempt from the application of this rule. The Divi-
sional Committee shall have the power to suspend the operation of
the provisions of this Section.
6. No stock protection or price guarantee shall be given.
7. Sales offices shall not be open for the transaction of business
on Saturdays and Sundays.
8. With respect to goods made entirely from synthetic yarns or
goods made from synthetic yarns mixed only with silk and pro-
duced by the seller's own manufacturing facilities, the applicable
provision of the Silk Textile Code with respect to terms of sale and
delivery may be substituted for the provisions of terms of sale and
delivery for this Division.
Division 3
ALL-COTTON CLOTHING LININGS
DEFINITION
The products included in this Division are all-cotton clothing lin-
ings for use by manufacturers of men's and boj^s' clothing, tailor
trimming houses, and book tailor and trimming establishments.
TRADE PRACTICES
1. Tei-ms of sale shall not exceed 2%, 60 days, E.O.M. 3%, 10
days, E.O.M. Goods shipped on or after the 25th of the month may
be billed as of the 1st of the following month. Interest at the rate of
6% per annum shall be charged on all accounts past due. Sample
pieces shipped on memorandum shall be billed retroactively as of
date of shipment.
721
2. Delivenes. — All good« shall be sold F.O.B. mill, with the ex-
ception of sales made from open stock at main office, shippin<^ point,
or established main depository whicli may be made F.O.B. such
main office, shipping point, or established main depository, provided
it is registered with the Textile Fabrics Association.
3. Uniform Contract. — The provisions of a sales note recommended
by the Divisional Committee and the Administrative Committee,
when approved by the Code Authority and the Administrator shall
be used and adhered to on all sales for future delivery.
4. The Divisional Committee may make recommendations: (1)
for the use by all memliers of the Division of a system of cost
accounting at least as detailed and complete as a standard system
of cost accounting adopted by the divisional Committee, and (2) for
regulation of sales below cost when and if same may be so deter-
mined. Such recommendations, when approved bj^ the Adminis-
trative Committee, the Code Authority, ancl the Administrator, shall
have the same force and effect as the other provisions of this Supple-
mental Code.
5. Price Reporting. — Wiihin thirty days after a majority vote
of this Division, all members thereof shall file with the Textile Fab-
rics Association a schedule of prices and terms covering the sale
of their standard numbers sold in the previous week; such schedule
to specify prices on different items (classified according to quantity
thereof), as may have been voted upon by the Division.
Such reports shall be prepared in summary form and submitted
in this form to each member of the Division in such a manner as
not to divulge the operations of any individual member. The Di-
visional Committee shall have the power to suspend the operation
of the provisions of this Section. All members of the Division shall
be notified by telegraph if the provisions of this Section are so
suspended.
6. No merchandise may be sold on consignment, nor may any
method of selling be used which has the effect of selling on con-
signment or memorandum. Sample pieces to manufacturers for
inspection are exempt from the application of this rule. The Divi-
sional Committee shall have the power to suspend the operation of
the provisions of this Section.
7. No stock protection or price guarantee shall be given.
8. Sales offices shall not be open for the transaction of business on
Saturdaj^s and Sundays.
Division 4
CURTAIN AND DRAPERY FABRICS
DEFINITIOX
The products included in this Division are converted cotton and
cotton mixture curtain and drapery fabrics, including these same
fabrics when sold to other cutting trades and/or wholesale, retail,
chain stores, and/or mail-order distributors; but exclusive in all
cases of cloth manufactured on bobbinette or lace machines.
722
TRADE PRACTICES
1. I'erms of sale to the manufacturing, chain-store, mail-order,
and retailers trade shall not exceed 2%, 10 days, 60 extra, or 3%,
10 days; no extra dating. Goods shipped on and after the 25tli of
the month may be billed as of the first of the following month.
Terms of Sale to jobbers shall not exceed 2%, 10 days, 60 extra, or
3%, 10 days; June deliveries may be billed 2%, 10 days October Ist;
December deliveries may be billed 2%, 10 days April 1st.
2. Deliveries. — All goods sold to wholesalers, jobbers, chain stores,
mail-order houses, and manufacturers shall be sold F.O.B. mill. All
goods sold to retailers shall be sold F.O.B. mill or main warehouse,
provided the location of such main warehouse shall be registered
with the Textile Fabrics Association.
3. Sample Requirements. — Any form of sample requirement may
be supplied free only to wholesalers and not to exceed 2% of the
original order. All other sample requirements shall be charged for
at full cost, calculating fabric at sales price, and shall include de-
livery charge; provided that it is permissible to furnish one set of
reference samples without charge to each district office of chain-
store organizations where such district offices exist, or one set to the
main office of any chain organization not having district offices.
Only one swatch less than 1^ yards in length of any one style shall
be given free to one customer. All swatches above 1^2 yards shall
be paid for at sales price of the fabric.
4. Advertising Allowances. — No advertising allowances are per-
mitted.
5. No merchandise may be sold on consignment, nor may any
method of selling be used which has the effect of selling on con-
signment or memorandum. Sample pieces to manufacturers for
inspection are exempt from the application of this rule. The Divi-
sional Committee shall have the power to suspend the operation of
the provisions of this Section.
6. No stock protection or price guarantee shall be given.
7. Sales offices shall not be open for the transaction of business on
Saturdays and Sundays.
Division 5
SHIRTINGS
DEFINITION
The products included in this Division are shirting fabrics for
use by manufacturers of shirts, pajamas, underwear, boys' blou,ses,
and similar wearing apparel, inchiding these same fabrics Avhen sold
to other cutting trades and/or wholesale, retail, and/or mail-order
distributors.
TRADE PRACTICES
1. Terms of Sale shall not exceed 2%, 10 days, 60 extra, or 214%,
10 days, 30 extra, or 3% C.O.D., or 2>%. 10 days, effective from date
of invoice or shipment, whichever is earlier, no extra dating.
Interest shall be charged at 6% on all past due accounts, such
charge starting at maturity period.
723
Anticipation may be allowed at a rate not to exceed 6% per
annum.
2. Deliveries. — All goods shall be sold F.O.B. point of origin.
3. Sample Requirements. — All sample requirements including sam-
ple cuts shall be charged to customer at full cost ; fabric to be figured
at sales price. Reference sets not to exceed three (3) in number may
be furnished free; size of swatches not to exceed 2 X 4" and not to
be mounted on customer's cards; all reference sets to be plainly
marked " For Reference Only."
4. AdvertisiiK/ Allowances. — Fabric demonstration, or allowance
therefor, or advertising allowances in any form whatsoever, are pro-
liibited.
5. Oj^tions. — No options shall be given.
6. Sale of Goods t>y Construction. — When finished goods are sold
on basis of grey construction, grey width, count and weight, shall be
shown on confirmation of order and invoice.
7. No merchandise may be sold on consignment, nor may any
method of selling be used which has the effect of selling on consign-
ment or memorandum. Sample pieces to manufacturers for inspec-
tion are exempt from application of this rule. The Divisional Com-
mittee shall have the power to suspend the operation of the
provisions of this Section.
8. No stock protection or price guarantee shall be given.
9. Sales offices shall not be open for the transaction of business on
Saturdays and Sundays.
10. AVith respect to goods made entirely from synthetic yarns or
goods made from synthetic yarns mixed only with silk and produced
by the seller's own manufacturing facilities, the ajDplicable provi-
sions of the Silk Textile Code with respect to terms of sale and
delivery may be substituted for the provisions of terms of sale and
delivery for this Division.
Division 6
WASH GOODS
DEFINITION
The products included in this Division are wash goods for use by
manufacturers of men's, women's, and children's apparel including
these same fabrics when sold to other cutting trades and/or whole-
sale, retail, and/or mail order distributors.
TRADE PKACTICES
1. Terms of Sole shall not exceed 2%, 10 days, 60 extra, or 21/0%,
10 days, 30 extra, or 3% C.O.D., or 3%, 10 days, effective from
date of invoice or shipment, whichever is earlier; no extra dating
to be allowed. Interest shall be charged at 6% on all past due
accounts, such charge starting at maturity of bill. Anticipation may
be allowed at a rate not to exceed 6% per annum.
2. Deliveries. — All goods shall be sold F.O.B. point of origin, with
the exception of goods sold to retailers and chain stores which shall
be sold F.O.B. plant or main warehouse registered with the Textile
Fabrics Association.
■ 724
3. Sample Requirements. — All sample requirements furnished job-
bers, catalog houses, chain stores and manufacturers, shall be charged
at full cost, calculating fabric furnished at sales price. Reference
sets not to exceed three in number to any one customer may be fur-
nished free of charge on request.
4. Advertising Allowances — Fabric demonstration, or allowances
therefor, or advertising allowances in any form, shall be prohibited.
5. Options. — No options shall be given.
6. No merchandise may be sold on consignment, nor may anj' method
of selling be used which has the effect of selling on consignment or
memorandum. Sample pieces to manufacturers for inspection are
exempt from the application of this rule. The Divisional Connnittee
shall have the power to suspend the operation of the provisions of
this Section,
7. No stock protection or price guarantee shall be given.
8. Sales offices shall not be open for the transaction of business on
Saturdays and Sundays.
9. With respect to goods made entirely from sj^nthetic yarns or
goods made from synthetic yarns mixed only with silk and produced
by the seller's own manufacturing facilities, the applicable provisions
of the Silk Textile Code with respect to terms of sale and delivery
may be substituted for the provisions of terms of sale and delivery
for this Division.
Division 7
INTERLININGS
DEFINITION
The products included in this Division are fabrics made from
tobacco cloths, print cloths, sheetings, twills, drills, osnaburgs, and
ducks, but only where these finished fabrics are used for interlining
purposes for garments.
TRADE PRACTICES
1. Terms of sale shall not exceed 2%, 10 days, 60 extra, or 3%, 10
days, or 3% C.O.D., effective from date of invoice or shipping memo-
randum, whichever is the earlier. No extra dating shall be allowed.
Anticipation shall be at the legal rate of interest. Past due pay-
ments shall carry interest at the legal rate from date of maturity.
2. Deliveries. — All goods shall be sold F.O.B. point of origin. In
the case of shipments from finished stock carried in New York City,
the point of origin is the bleachery, dve works, and/or finishing
plant at which the goods were processed.
3. No merchandise may be sold on consignment, nor may any
method of selling be used which has the effect of selling on consign-
ment or memorandum. Sample pieces to manufacturers for inspec-
tion are exempt from the application of this rule. The Divisional
Committee shall have the power to suspend the operation of the
provisions of this Section.
4. No stock protection or price guarantee shall be given.
5. Sales offices shall not be open for the transaction of business
on Saturdays and Sundays.
725
XL Adminhtration. — For the purpose of the general iuhiiinistra-
tion of the divisions enumerated in Article III. there shall be con-
stituted by the Code Authority an Administrative Committee which
shall have such duties and powers as the Code Authority may
delegate.
There shall be established bv the Administrative Committee a
Divisional Committee in each oi such divisions with such duties and
powers in each case as the Administrative Committee may delegate.
The Administrator shall have the right to appoint not more than
three members, without vote, to the Administrative Committee and
the Divisional Committees who shall serve without expense to the
Industr5\
If the Administrator shall determine that any action of the Ad-
ministrative Committee or a Divisional Committee or any agency
thereof is unfair or unjust or contrary to the public interest, the
Adminstrator may require that such action be suspended for a period
of not to exceed thirty (30) days to afford an opportunity for in-
vestigation of the merits of such action and further consideration
by such Administrative Committee or Divisional Committee or
agency pending a final action, which shall be taken only upon
approval b}^ the Administrator.
VII. The provisions for trade practices prescribed in Article IV
and V hereof are subject to such changes, modifications, and addi-
tions as ma}' be recommended to the Code Authority by the Ad-
ministrative Committee and approved by the Administrator, but no
change affecting a division shall be submitted for the approval of
the Administrator without the approval of the Divisional Com-
mittee of the Division affected.
VIII. The Code Authority may from time to time establish such
additional divisions dealing with other activities of this branch of
the Industry as may seem desirable and, subject to the approval of
the Administrator, may provide for the formulation of such trade
practices applicable to such additional divisions and for their ad-
ministration in such manner as may seem desirable.
IX. Members of the Industry approve of the policy of arbitrating
all disputes wherever possible and the Administrative Committee
is hereby designated the agency to assist in bringing about such ar-
bitration as to any matters arising in the Divisions enumerated in
Article III.
X. This Supplemental Code and all the provisions thereof are
expressl}'^ made subject to the right of the President, in accordance
with the provisions of subsection (b) of Section 10 of the National
Industrial Recovery Act, from time to time to cancel or modify any
order, approval, license, rule, or regulation issued under Title I of said
Act. and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this supplemental code
or any conditions imposed by him upon his approval thereof.
XL This Supplemental Code shall become effective on the second
Monday after its approval by the President of the United States.
Aiiproved Code No. 1 — Supplement No. 1.
liefiistry No. 290-2n.
Approved Code No. 84. Supplement No. 2
SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE
HAND CHAIN HOIST MANUFACTURING
INDUSTRY
As Approved on January 30, 1934
ORDER
Approving S'upplementai?y Code of Fair Competition for the
Hand Chain Hoist Manufacturing Industry
A division of the fabricated metal products manufacturing and
METAL finishing AND METAL COATING INDUSTRY
An application havin<>- been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recover}' Act, approved June 16, 1938, and in accordance with the
provisions of Section I of Article VI of the Basic Code for the
Fabricated Metal Products Manufacturing and Metal Finishing
and ^Nletal Coating Industry, approved November 2, 1933. for ap-
proval of a Supplementary Code of Fair Competition for the Hand
Chain Hoist Manufacturing Industry; and hearings having been
duly held thereon; and the annexed report on said Supplementary
Code, ccmtaining findings Avith respect thereto, having been made
and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I. Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933. and otherwise; do hereby incorporate by reference said
annexed report and do find that said Supplementary Code complies
in all respects with the pertinent provisions and will promote the
policy and purposes of said Title of said Act; and do hereby order
that said Supplementary Code of Fair Competition be and it is
hereby approved; provided, however, that the provisions of Article
V. Section 2. insofar as they prescribe a waiting period between
the filing with the Code Authority (i.e., actual receipt by the Code
Authority) and the effective date of revised price lists or revised
terms and conditions of sale be and they are hereby stayed for a
(727)
728
period of sixty days or pending the completion of a study now being
conducted by the National Kecovc) y Administration, and at the
end of such period said provisions sliall become effective unless I,
by my further Order, otherwise determine.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Apj)roval recommended :
W. A. Harriman,
Division Administrator.
Washington, D.C,
January SO., 193 Jf..
REPORT TO THE PRESIDENT
The President.
The Whffe House.
Sir: This is a rejjoit on the Su})pleineiitarv Code of Fair Compe-
tition for the Hand Cliain Hoist Manufacturing Industry, a division
of the Fabricated Metal Prochicts Manufacturinoi: and Metal Finish-
ing and ^Nletal Coating Industry, the hearing having been conducted
thereon in Washington. D.C.. December 16, 1933, in accordance with
the provisions of Title I of the Xational Industrial Recovery Act.
GEXERAL STATEMENT
The Hand Chain Hoist Manufacturing Industry, being truly
representative of this division of the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry,
has elected to avail itself of the option of submitting a Supple-
mentary Code of fair practice, as provided for in Section I of
Article' VI of the Basic Code, for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry
approved by you on the second day of November 1933.
RESUME OF THE CODE
Article I states the })urpose of the Supplementary Code.
Article II accurately defines specific terms employed in the Supple-
mentary Code.
Article III. This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and the labor provisions of its Basic Code, as approved
November 2, 1933. ai-e the labor provisions of this Supplementary
Code.
Article IV establishes a Supplementary Code Authority consisting
of the five (5) members of the Board of Trustees of the Hand Chain
Hoist Institute, Inc.. or its successor and one member chosen from
the Industry by the vote of the members thereof, and gives the
Administrator the authority to appoint one additional member with-
out y<)te and provides machinery for obtaining statistics and the
administration of this Code.
Article V sets forth the fair trade practices of this Supplementary
Code which has been especially designed to effect fair competition
in this division of the Industry.
Article VI contains the mandatoi-y i)r()visions contained in Section
10 (b) of the Act and also ])rovides for the submission of proposed
amendments to the Code.
Article VII provides against monopolies and monopolistic prac-
tices, and recognizes that price increases be limited to actual addi-
tional increases in seller's costs.
Article VIII states the effective date of this Supplementary Code.
40121—34 6 (729)
730
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Supplementary Code having found as herein set forth and
on the ba^is of all the proceedings in this matter :
I find that: (a) Said Supplementary Code is well designed to
promote the policies and purposes of Title I of the National In-
dustrial Recovery Act, includng removal of obstructions to the free
flow of interstate and foreign commerce which tend to diminish the
amount thereof and will provide for the general welfare by pro-
moting the organization of industry for the purpose of coo|>erative
action among the trade groups, by inducing and maintaining united
action of labor and management under adequate governmental sanc-
tions and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of the present produc-
tive capacity of intlustries, by avoiding undue restriction of pro-
duction (except as may be temporarily required), by increasing the
consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) Said Industry normally employs not more than 50.000 em-
ployees and is not classified by me as a major industry.
(c) The Supplementary Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitati(m Subsection (a) of Section 3, Subsection (a) of Sec-
tion 7, and Sul).secti(m (b) of Section 10 thereof; and that the appli-
cant association is an industrial association truly representative of
the aforesaid Industry : and that said association imposes no inequi-
table restrictions on admission to membership thei'ein.
(d) The Supplementary Code is not designed to and will not,
permit monopolies or monopolistic practices.
(e) The Supplementary Code is not designed to and will not elim-
inate or oppress small enterprises and will not operate to discrimi-
nate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Supplementary Code.
For these reasons, therefore. I have approved this Supplementarv
Code.
Respectfully,
Hugh S. Johnson,
Administrator.
January 30, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE HAND CHAIN MANUFAC Tl RING INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACIURING AND
METAL FINISHING AND METAL COATING INDUSTRY
Article I — Purposes
To effectuate the policy of Title I of the National Industrial
Recovery Act. the following provisions are established as a Supple-
juentarv Code of Fair Competition for The Hand Chain Hoist
Manufacturing Industry, pursuant to Article VI of the Basic Code
of Fair Competition for the Fabricated Metal Products Manufactur-
ing and Metal Finishing and Metal Coating Industry, approved by
the President of the United States on the second day of November
193H. and upon approval by the President of the United States the
provisions of this Supplementary Code shall be the Standard of
Fair Competition for and shall be binding upon every member
thereof.
Article II — Definitions
The term " The Hand Chain Hoist Manufacturing Industry ".
hereafter referred to as the Industry, means and includes the manu-
facture or purchase of component parts for assembly and for sale,
of all types of hand chain hoists.
The term " Meml)er of the Industry ", includes, but without limi-
tation, any individual, partnership, association, corporation, or other
form of enterprise engaged in the Industry, either as an employer
or on his or its own behalf.
The terms " President ". ''Act ", and "Administrator " as used
herein shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator, of
Title I of said Act.
The term " Basic Code " as used herein, is defined to mean the
Basic Code of Fair Competition for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry, as
api)roved bv the President of the United States on the second day of
November 1933.
The term " Supplementary Code Authority " as used herein means
the agency which shall supervise the administration of this Sup-
plementary Code.
The term " Institute '' as used herein, is defined to mean The Hand
Chain Hoist Institute, Inc., or its successor.
The term " Federation " as used herein, is defined to mean The
Fabricated Metal Products Federation, or its successor.
(731)
732
Article III — Employment Provisions
This Industry is a division of the Fabricated Metal Products
Manufacturin<r and Metal Finishinjr and Metal Coating Industry and
the labor provisions of its Basic Code as approved by the President
of the United States are the labor provisions of this Supplementary-
Code,
Article IV — Organization and Administration
Section 1. The Supplementary Code Authority is hereby consti-
tuted the agency to administer the provisions of this Supplementary
Code, and shall consist of the five (5) members of the Board of
Trustees of the Institute and one member chosen from the Industry
by the vote of the members thereof. The Administrator may appoint
one representative to serve without vote and without expense to the
Industry unless the Supplementary Code Authority shall agree to
pay such expenses as a member of the Supplementary Code Au-
thority. The President of the Institute is hereby constituted the
agent to collect and distribute all statistical reports of the Industry
as required bv the Supplementary Code Authority. With a view to^
keeping the President of the United States informed as to the
observance or nonobservance of this Supplementally Code, said agent
shall collect such statistics as called for by the President and/or
the Administrator and send them in such form as the President
and/or the Administrator may require, to the Federation as the
agency administering said Basic Code.
Sec. 2. The President of the Institute, as such agent, shall also,
from time to time, furnish to the Basic Code Authority, designated
in said Basic Code, such information as may be required to be fur-
nished under the terms of said Basic Code.
Sec. 3. All data filed in accordance with the provisions of this
Sujjplementary Code shall be confidential and shall not be revealed,
except in composite form, to anyone other than an authorized gov-
ernmental agency.
Sec. 4. Any or all information furnished to the President of the
Institute by any member of the Industry shall be subject to checking
for purjjose of verifying by an examination of the pertinent books
and accounts and records of such member by any disinterested per-
son or persons, nuitually agreed u])on by the Supplementary Code
Authority and the member of the Industry whose books and ac-
counts and records are to be examined, or by a person or persons
nominated by the Supplementary Code Authority and approved by
the Administrator. The cost of such examination shall be treated
as an expense of administering the Code; provided, however, that
if upon such examination any such information shall be shown to
have been incorrect in any material resi)ect, such costs shall be paid
by the member of the Industi'y which furnished such information.
Sec. 5. To further effectuate the policies of the Act and for tlu
administration of this Supplementary Code, the constituted author-
ities and methods of governing the Industry sliall be as follows :
a. The Suiii)lementary Code Authority shall have general j^iwer
and supervision over the enforcement of the provisions of this Sup-
733
plementarv Code and it is hereby designated as the agency for ad-
ministei-ing. supervising, and ])ronioting the observance of the ])rovi-
sions of this Supplementary Code, and shall have power to obtain
from all members of the Industry such reasonable and pertinent
•data as may be necessary for the administration of the pi-ovisions
of this Sup]:)lementary Code. The request for reports from members
■of the Industry shall not be made in any manner which will impose
nneijual obligations upon members of the Industry.
b. The Supplementary Code Authority shall have power to investi-
gate cm its own initiative or on complaint, the operation of the Sup-
plementary Code and any alleged violation of the Supplementary
Code by any member of the Industry; to make findings of fact and
to state its conclusions as to whether or not there has been any vio-
lation of any provision of the Supplementary Code, and except as
hereinafter provided, to take such steps as it may deem necessary or
advisable, within the provisions of the Supplementary Code, subject
to rules and regulations by the Administrator.
c. Xo member of the Supplementary Code xVuthority shall par-
ticipate, as a member of such Supplementary Code Authority, in any
proceedings in which he is interested as the complainant or respond-
ent, or in which he is in any other manner directly interested, and
in the event of any such disqualification, the remaining members of
such Supplementary Code Authority shall certify such disqualifica-
tion, together with the reasons therefor and shall promptly desig-
nate a person to sit as a special member of such Supplementary Code
Authority for the purpose of such proceedings.
d. The Supplementary Code Authority may delegate any of its
•duties to such person or persons, connnittee, or committees, as it may
select ; provided, that it shall not delegate any of its duties to any
person Avho is subject to disqualification, as in paragraph " c "' above
provided: and provided further, that such delegation shall not relieve
the Supplementary Code Authority from any of its responsibilities
under this Supplementary Code.
e. The Sup])lementary Code Authority may. subject to the a])-
proval of the Administrator, upon finding, by a three-fifths vote, that
the respondent assenting member of the Industry has violated this
Supplementary Code, assess all costs in connection with such investi-
gation and disposition of such complaint against said respondent
assenting member of the Industry. If any assenting member of the
Industry makes a formal complaint to the Supplementary Code
Authority Avhich proves, after investigation by the Supplementary
Code Authority and approval b}' the Administrator, to be without
foundation in fact, then the Su]:)plementarv Code Authority may
assess against the assenting member of the Industry bringing such
formal complaint, all costs in connection with the investigation and
disposition of such complaint. All assessments to be paid into the
treasury of the Institute as the agency of the Supplementary Code
Authority.
f. Each member of the Industry subject to the jurisdiction of
this Supplementary Code shall pay to the Institute as the agency of
the Supplementary Code Authority his or its proportionate share of
the amount necessary to pay the cost of assembling, analyzing, and
publication of such reports and data and of the maintenance of the
734
Supplementary Code Authority in connection with its activities
rehative to tlie administration of this Supplementary Code; said
proportionate share to be based upon the volume of business and/or
such other factors as the Supplementary Code Authority may
prescribe.
g. A meeting of the Members of the Industrj' may be called and
held at any time by order of the Supplementary Code Authority or
members of the Industry having the riglit to cast at least 51% of
all votes which might be cast at such a meeting. At least five days'
notice to each member of the Industry shall be given.
h. Each member of the Industry who assents to and complies with
the provisions of this Supplementary Code, and who is not delin-
quent in the payment of any assessments made under the provisions-
of this Supplementary Code, shall be entitled to cast one vote, either
in person or by proxy, in Avriting. duly executed by such member of
the Industry, and filed with the Supplementary Code Authority
within a reasonable time prior to the time set for the meeting, at aU.
meetings of the membei's of the Industry.
Sec. 6. The Su})plementar3^ Code Authority shall have the follow-
ing further poAvers and duties :
a. To adopt bylaAvs and rules and regulations for its procedure and
for the administration and enforcement of the Supplementary Code..
b. To make recommendations to the Administrator for the coor-
dination of the administration of this Supplementary Code with,
such other Codes as maj' be related to the Industry.
c. To coo^Derate with the Administrator in regulating the use of
any N.R.A. insignia solely bv those members of the Industry who
have assented to, and are complying with, this Supplementary
Code.
d. To reconnnend to the Administrator further fair trade practice
provisions to govern members of the Industry in tlieir relations with
each other or with other industries and to recommend to the Admin-
istrator measures for industrial planning, including stabilization of
employment.
e. To recommend from time to time standards of shipment terms.
f. To recommend from time to time standards for guaranty on
products.
Sec. 7. Nothing contained in this Supplementary Code shall con-
stitute the members of the Supplementary Code Authority partnei-s
for any purpose : nor shall any member of the Supplementary Code
Authority be liable in any manner to anyone for any act of any
other member, officer, agent, or employee of the Sup]5lementary Code
Authority. Nor shall any member of the Supplementary Code Au-
tllorit3^ exercising reasonable diligence in the conduct of liis duties
hereunder, be liable to anyone for any action or omission to act under
this Supplementary Code, except for his willful misfeasance or
nonfeasance.
Sec. 8. It the Administrator shall determine that any action of
the Sujjplementary Code Authority or any agency thereof is unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended foi- a ])eriod of not to exceed
thirty (-^0) days to afford an opportunit}^ for investigation of such;
/3o
action and further consideration by such Supplementary Code Au-
thority or agency, i)endin<r final action, which shall be taken only
upon api)i'oval by the Administrator.
Article V — Unfair Trade Practices
For all purjioses of the Supplementary Code, any member of the
Industry who shall, directly or indirectly, through any officer, em-
l)loyee. agent, or representative, violate the following provisions
of this Article, shall be deemed guilty of unfair trade practice and a
violation of this Suppleiuentary Code.
Section 1. Each member of the Industrj' shall use an adequate cost
accounting system which shall conform to the cost accounting system
recommended by the Supplementary Code Authority and approved
by the Administrator as hereinafter provided. The Supplementary
Code Authority shall recommend for use in the Industry a uniform
and adequate cost accounting system which shall be adaptable to the
cost accounting procedure and to the business of the Industry. Such
plan shall specify the factors which shall be included in determining
the costs of each member of the Industry. Upon approval by the
Administrator of such a system of cost accounting for the Industry,
complete advice concerning it shall be distributed by the Supplement-
ary Code Authority to all members of the Industry. Thereafter
each member of the Industry shall file with the agent designated
under Article IV, Section 1, of this supplementary Code his costs
for typical items of the products of the Industry offered for sale by
him. Thereafter no member of the Industry shall initiate a selling
jDrice below his own cost, or sell the product of the Industry at such
price or upon such terms or conditions of sale as will result in the pur-
chaser's paying for such product less than the cost of that member
of the Industiv who has filed the lowest cost; provided, however,
that any member of the Industry may sell below his own costs to
meet existing competition, when such prices have been filed in ac-
cordance with Section 2 of this Article; and provided, further, that
the Supplementary Code Authority may approve, subject to dis-
approval by the Administrator, the sale of surplus stocks below such
costs where necessary to relieve financial emergencies. A detailed
record of such surplus stocks shall be filed with and checked by such
impartial agency as the Supplementary Code Authority may desig-
nate at the time of applicaticm for- such approval.
Sec. 2. Each member of the Industry shall publish and file with
the Supplementary Code Authority within ten da3^s after the effec-
tive date of tlie Supplementary Code, price lists individually pre-
pared by him of all i)rodncts otfei-ed for sale or sold by him and all
terms and conditions of sale relating thereto. Such price lists shall
state for each grade and kind of each product sold or offered for
sale, one price with appropriate discounts therefrom, if any allowed,
for sales to classified types of purchasers. Such price lists and terms
and conditions of sale so filed with the Supplemental-}^ Code Au-
thority shall be open to inspection at all reasonable times by any
interested party. Revised price lists or revised terms and conditions
of sale, if made, shall be filed from time to time thereafter Avith the
Supplementary Code Authority by any Member of the Industry;
736
provided. howeA-er. that such revisions shall be filed with the Supple-
mentary Code Authority ten days in advance of the effective date
thereof; and. provided further, that any other member of the In-
dustry may file revisions of his price lists or terms and conditions of
sale to meet the revisions first filed which may become effective on
the date when the revised price lists or reviseil terms and condi-
tions of sale fir>t filed shall become effective. At the time of filiuii
price lists or discount sheets, in accordance with this paragraph,
each Member of the Industry shall furnish the Supplementary Code
Authority, for distribution, such number of copies of his price lists
and or discount sheets and any revisions thereof, as the Supplemen-
tary Code Authority may prescribe.^
Sec. 3. Xo member of the Industry shall sell or offer for sale any
product of the Industry at prices other than tlie ]irices noted in
its price lists. (>r terms and conditions of sale other than the teims
and conditions of sale previously filed by such member with
the Supplementary Code Authority in accordance witli the provisions
of Section '2 of this Article and in effect at the time of such sale.
Sec. 4. The following paragraphs ciescribe and shall constitute
unfair methods of competition :
a. (1) To publish advertising (whether printed, radio, display, or
of any nature) which is misleading or inaccurate in any material
particular, nor shall any member in any way misrepresent any goods
(including but without limitation, its use. trademark, grade, quality,
quantity, origin, size, substance, character, nature, finish, material,
content, or preparation) or credit terms, values, policies, services. c>r
the nature or form of the business conducted.
(2) To make disparaging statements respecting the business meth-
ods, practices, or products of another member of the Industry.
b. To knowingly withhold from or insert in any quotation or in-
voice any statement that makes it inaccurate in any material par-
ticular,
c. To brand 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. To publish or circulate unjustified or unwarranted threats of
legal proceedings which tend to or have the effect of harrassing com-
petitors or intimidating their customers. Failure to prosecute in due
course shall be evidence that any such threat is unwarranted or un-
justified.
e. To allow or make payment or allowance of a rebate, refund,
commission, credit, unearned discount, excess allowance, or allowance
for customer advertising, catalogues, or illegitimate ]iremiums.
whether in the form of money or otherwise, nor shall a member of
the Industry secretly offer or extend to any customer any special
service or privilege not extended to all customei-s of the same class.
for the purpose of influencing a sale.
f . To ship goods on consignment except under circumstances to be
defined by the Supplementary Code Authority, subject to the ap-
* See paragraph 2 of order approving this Code.
737
proval of the Administrator, where peculiar circumstances of the
Industry require the practice.
<r. No member of the Industry shall attempt to induce a breach of
an existinff contract between a competitor and his employee, (other
than employment contracts), or customer or source of supply; nor
-liall any member interfere with or obstruct the performance of such
'ontiactual duties or services.
h. To offer or extend a guarantee against decline or advance in the
selling price of products.
i. To agree to liquidate, purchase, or accept shipment of a com-
petitor's product flora a customer, in order to sell member's own
}jroduct.
j. To authorize the return of j>roduct for a credit, where known to
be obsolete, or where sales record of preceding year indicates lack of
marketability.
k. To post-date an invoice.
I. To extend protection against price advance or decline of prod-
ucts through the signing of requirement contracts.
m. To make an allowance for all or any portion of transporta-
tion costs, excejjt wliere transijortation charges are figured as a part
of the original co.sts and are included in the selling price.
n. To enter into any agreement to assume responsibility for conse-
quential damages and other items of expense which normally cannot
be anticipated in original cost.-:; (u- selling prices.
Sec. 5. Eu-poit Trade. — Xo provision of this supi^lementary Code
relating to prices or terms of selling, shipping, or marketing, shall
apply to export trade or sales or shipments for export trade. Un-
le.-s and to the extent that the Supplementary Code Authority shall
otherwise determine, the sale of any product by any member of
the Industiy for direct shipment to Alaska, the Philippines. Hawaii,
or Puerto Rico or other insular possessions of the United States
of America shall not l)e deemed export trade.
Article VI — Modification
Section 1. This Supplementary Code and all the provisions
I thereof are expressh' made subject to the right of the President, in
accordance with the provisi<ms of sub-section (b) of Section 10 of the
Act. from time to time to cancel or modify any order, approval,
license, rule, or regulation issued under the said Act.
Sec. 2. By presenting this Supplementary Code the members of
the Industry do not thereby consent to any modification thereof, and
they reserve the right to object to any such modifications without
being given an opportunity to be heard.
Sec. 3. This Supplementary Code, except as to provisions required
liy the Act. may be modified on the basis of experience or changes
in circumstances, such modification to be based upon application to
the Administrator and .such notice and hearing as he shall specify;
and to become effective on approval by the Administrator.
Article VII — General Pro\isions
Section 1. Xo provision of this Supplementary Code shall be
ajiplied so as to i^ermit monopolies or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
738
Sec. 2. Whereas the jxilicY of the Act to increase real purchasing
power will be made more difficult of consummation if prices of goods
and service.-? increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible. Ix* limited to actual additional increases in the seller's
costs.
Sec. 3. This Supplementary Code shall not affect patent rights.
Article VIII — Dukatiox <.>f Supplementary Code
This Supplementary Code shall become effective at 1'2 : 01 a.m.
o'clock on the tenth day after it is approved by the President and
shall continue in effect, until June 16. 1935. or the earliest date
prior thereto on which the President shall, by proclamation, or
the Congress shall, by joint resolution, declare that the emergency
recognized by Section 1 of the National Industrial Recovery Act
has ended.
Approved Code No. S4 — .Supplement N<j. 2.
Registry No. 1107-02.
Approved Code No. 84, Supplement No. 3
SUPPLEMENTARY CODE OF FAIR C0:MPETITI0N
FOR THE
CHAIN iMANUFACTURING INDUSTRY
As Approved on January 31. 1934
ORDER
Ari'KOVIXG SuPPLE^IENTARY C C'DE DF FaIR C\iM PETITION FOR THE
Chain MAxuFAtTURiM; Industry
A DIVISION OF THE FABRICATED METAI. PKODHTS MAM FACTUKINi; AND
METAL FINISHING AND METAL COATING INDl STKY
An application lia\ing been cliily made pur>nant to and in fnll
coni}iliaiKe with the provisions oi Title I of the National Indnstrial
Recovery Act, a|)proved Jnne 10. 1933. and in accordance with the
provisions of Section 1 of Article VI of the Basic Code for the
Fabricated Metal Prodncts Mannfactnrinir and Metal Finishinir and
Metal Coatin>r Imlustry. approved November 2. 1933. for apjiroval
of a Snpplementarv Code of Fair Competition for the Chain ^lanu-
facturinii Industrv: and hearinjrs havinyf been dulv held thereon:
and the annexed report on said Snpiilenientarv Code, containing
findiiiiis with respect thereto, having l)een made and directed to the
President :
NOAV, ITIEREFORE. on behalf of the President of the United
States, 1. Hngh S. Johnson, Administrator for Indu>trial Recovery,
pnrsuant to antlujrity vestetl in me by Executive Orders of tlie
Pre>i<lent. including Executive Order Xo. ti")4-^A. dated December
30, lt»33, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Supplementary Code complies
in all re-«pects with the pertinent provisions and will jn-omote the
policy and purjxtses of said Title of >aid Act; antl do hereby order
that said Sui^plementary Code of Fair Competition be and it is
hereby approved; provided, however, that the pi'ovisions of Article
V. Section 2, insofar as they preseril)e a waiting period between the
tiling with the Code Authority (i.e.. actual I'eceipt by the Code Au-
thority) and the effective date of revised price lists or revised terms
740
and conditions of sale be and they are hereby stayed for a period
of sixty days or pending the completion of a study now being con-
ducted by the National Recovery Administration, and at the end of
such period said provisions shall become effective unless I, by my
further Order, otherwise determine.
Hugh S. Johnson,
Admhustrator for Induct j-^'rd Recover i/..
ApproA'al recommended :
W. A. Harriman,
D'/ vision Admimstrator.
Washington. D.C.
January 31. 1931^.
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Supplementary Code of Fair Com-
petition for the Chain Maniifacturino- Industry, a division of the
Fabricated Metal Products Manufacturing- and Metal Finishing and
Metal Coating Industry, and on the hearing conducted thereon in
Washington, D.C., December 18, 1933. in accordance with the provi-
sions of Title I of the National Industrial Recovery Act.
GENERAL STATEMENT
The Chain Manufacturing Industry, being truly representative of
this division of the Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating Industry, has elected to avail itself
of the option of submitting a Supplementary Code of Fair Practice,
as provided for in Section 1 of Article VI of the Basic Code, for
the Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coating Industry approved by vou on the second day of
November 1933.
RESUME OF THE CODE
Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the Sup-
plementary Code.
Article III. This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and the labor provisions of its Basic Code, as approved
November 2, 1933, are the labor provisions of this Supplementary
€ode.
Article IV establishes a Supplementary Code Authority consist-
ing of the seven (7) members of the Board of Trustees of the Chain
Institute. Inc., or its successor, and one (1) member chosen from
the Industry by the vote of the members thereof, and gives the Ad-
ministrator the authority to appoint one (1) additional member
■without vote and provides machinery for obtaining statistics and
the administration of this Supplementary Code.
Article V sets forth the fair trade practices of this Supplementary
Code which has been especially designed to effect fair competition
in this division of the Industry.
Article VI contains the mandatory provisions contained in Sec-
tion 10 (b) of the Act and also provides for the submission of pro-
posed amendments to the Supplementar}' Code.
Article VII provides against monopolies and monopolistic prac-
tices, and recognizes that price increases be limited to actual addi-
tional increases in the seller's costs.
Article VIII states the effective date of this Supplementary Code.
(741)
742
FINDINGS
The Assistant Deputy Administrator in his tinal report to me on
said Supplementary Code having found as herein set forth and on
the basis of all the proceedings in this matter :
I find that—
(a) Said Supplementary Code is well designed to promote tlie
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organ-
ization of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, l)}^ promoting:
the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of lal)or, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not moi'e than 50.000 em--
ployees; and is not classified by me as a nuijor industry.
(c) The Supplementary Code as approved complies in all respects
with the i^ertinent provisions of said Title of said Act, including
without limitation Sulisection (a) of Section 3, Subsection (a) of
Section 7. ami Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
of the aforesaid Industry; and that said association imposes no
inequitable restrictions on admission to membership therein.
(d) The Supplementary Code is not designed to and w^ill not per-
mit monopolies or monopolistic practices.
(e) The Supplementary Code is not designed to and will not elim-
inate or oppress small enterprises and will not operate to discrimi-
nate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Supplementary Code.
For these reasons, therefore. I have approved this Supplementary
Code.
Respectfully,
Hugh S. Johnson.
Administrator.
January 31, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE CHAIN MANUFACTURING INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY
Article I — PuRirsES
To effectuate the policy of Title I of the National Iiuhistrial Recov-
ery Act. the followin<>: provisions are established as a Supplementary
Code of Fair Competition for The Chain Mannfactiirin<r Industry,
pursuant to Article YI of the Basic Code of Fair Competition for the
Fabricated Metal Products Manufacturing and Metal Finishing and
Metal Coating Industry, approved by the President of the United
States on the second da^^ of November 1933, and upon approval by
the President of the United States the provisions of this Supple-
mental Code shall be the Standard of Fair Competition for and shall
be binding upon every member thereof.
Article II — Definitions
The term '* The Chain ^lanufacturing Industry '\ hereafter re-
ferred to as the Industry, means and includes the manufacture or
purchase of comi^onent parts for assembly and for sale, of all typts
of chains of iron and steel, both Welded and Weldless, except Fabri-
cated Transmission Chain and all forms of Cast Chain.
The term '• Member of the Industry **, includes, but without lim-
itation, any individual, partnership, association, corporation, or other
form of enterprise engaged in the Industry, either as an employer
or on his or its own behalf.
The terms '• President ", "Act ", and "Administrator " as used
lierein shall mean iesi)ectively the President of the United States,
the National Industrial Recovery Act, and the Administrator, of
Title I of said Act.
The term " Basic Code '" as used herein, is defined to mean the
Basic Code of Fair Competition for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry,
as a})i)roved by the P.'-esident of the tJnited States on the second day
of November 1933.
The term " Supplementary Code Authority " as used herein means
the agency which shall supervise the administration of this Supple-
mentary Code.
The term '" Institute "' as used herein, is defined to mean The Chain
Institute. Inc., or its successor.
The term *• Federation " as used herein, is defined to mean The
Fabricated Metal Products Federation, or its successor.
(74.S)
744
Article III — Employment Provisions
This Industry is a division of the Fabricated Metal Products Man-
iifacturino- and Metal Finishing and Metal Coating Industry and the
labor provisions of its Basic Code as approved by the President of
the United States are the labor provisions of this Supplementary
Code.
Article IV — Organization and Administration
Section 1. The Supplementary Code Authority is hereby con-
stituted the agency to administer the provisions of this Supplemen-
tary Code, and shall consist of the seven (7) members of the Board
of Trustees of the Institute and one member chosen from the Indus-
try by the vote of the members thereof. The Administrator may
appoint one representative to serve without vote and without ex-
pense to the Industry unless the Supplementary Code Authority shall
agree to pay such expenses as a member of the Supplementary Code
Authority. The President of the Institute is hereby constituted the
agent to collect and distribute all statistical reports of the Industry
as required by the Supplementary Code Authority. With a view to
keeping the President of the United States informed as to the ob-
servance or nonobservance of this Supplementary Code, said agent
shall collect such statistics as called for by the President and/or the
Administrator and send them in such form as the President and/or
the Administrator may require, to the Federation as the agency
administering said Basic Code.
Sec. 2. The President of the Institute, as such agent, shall also,
from time to time, furnish to the Basic Code Authority, designated in
said Basic Code, such information as may be required to be furnished
under the terms of said Basic Code.
Sec. 3. All data filed in accordance with the provisions of this Sup- ,
plementary Code shall be confidential and shall not be revealed, ex-
cept in composite form to anyone other than an authorized govern-
mental agency.
Sec. 4. Any or all information furnished to the President of the
Institute by any member of the Industry shall be subject to checking
for the purpose of verifying by an examination of the pertinent
books and accounts and records of such member by any disinterested
person or persons, mutually agreed upon by the Supplementary Code
Authority and the member of the Industry whose books and accounts
and records are to be examined, or by a person or persons nominated
by the Supplementary Code Authority and approved by the Admin-
istrator. The cost of such examination shall be treated as an expense
of administering the Code; provided, however, that if upon such ex-
amination any such information shall be shown to have been incor-
rect in any material respect, such costs shall be paid by the member
of the Industry which furnished such information.
Sec. 5. To further effectuate the policies of the Act and for the
administration of this Supplementary Code, the constituted authori-
ties and methods of governing the Industry shall be as follows :
a. The Supplementary Code Authority shall have general power
and supervision over the enforcement of the provisions of this Sup-
plementary Code and it is hereby designated as the agency for admin-
745
istering, supervising, and promoting the observance of the provisions
of this Supplementary Code, and shall have power to obtain from all
members of the Industry such reasonable and pertinent data as may
be necessary for the administration of the provisions of this Sup-
plementary Code. The request for reports from members of the
Industry shall not be made in any manner which will impose unequal
obligations upon members of the Industry.
b. The Supplementary Code Authority shall have power to in-
vestigate on its own initiative or on complaint, the operation of the
SuiDplementary Code and any alleged violation of the Supplementary
Code by any member of the Industry ; to make findings of fact and
to state its conclusions as to whether or not there has been any viola-
tion of any provision of the Supplementary Code, and except as
hereinafter provided, to take such steps as it may deem necessary or
advisable, within the provisions of the Supplementary Code, subject
to rules and regulations by the Administrator.
c. No member of the Supplementary Code Authority shall par-
ticipate, as a member of such Supplementary Code Authority, in
any proceedings in which he is interested as the complainant or
respondent, or in which he is in any other manner directly interested,
and in the event of any such disqualification, the remaining members
of such Supplementary Code Authority shall certify such disqualifi-
cation, together with the reasons therefor and shall promptly desig-
nate a person to sit as a special member of such Supplementary Code
Authority for the purpose of such proceedings.
d. The Supplementary Code Authority may delegate any of its
duties to such person or persons, committee or committees, as it may
select; provided, that it shall not delegate any of its duties to any
person who is subject to disqualification, as in paragraph " c " above
provided; and provided further, that such delegation shall not re-
lieve the Supj)lementary Code Authority from any of its responsi-
bilities under this Supplementary Code.
e. The Supplementary Code Authority may, subject to the ap-
proval of the Administrator, upon finding, by a three fifths vote,
that the respondent assenting member of the Industry has violated
this Supplementary Code, assess all costs in connection with such
investigation and disposition of such complaint against said re-
spondent assenting member of the Industry. If any assenting mem-
ber of the Industry makes a formal complaint to the Supplementary
Code Authority which proves, after investigation by the Supplemen-
tary Code Authority and approval by the Administrator, to be
without foundation in fact, then the Supplementary Code Authority
may assess against the assenting member of the Industry bringing
such formal complaint, all costs in connection with the investigation
and disposition of such complaint. All assessments to be paid into
the treasur}^ of the Institute as the agency of the Supplementary
Code Authority.
f. Each member of the Industry subject to the jurisdiction of this
Supplementary Code shall pay to the Institute as the agency of
the Supplementary Code Authority his or its proportionate share
of the amount necessary to pay the cost of assembling, analyzing, and
publication of such reports and data and of the maintenance of the
Supplementar}^ Code Authority in connection with its activities rela-
40121—34 7
746
tive to the administration of this Supplementary Code; said pro-
portionate share to be based upon the vohime of business and/or
such other factors as the Supplementary Code Authority may
prescribe.
g. A meeting of the Members of the Industry may be called and
held at any time by order of the Supplementary Code Authority
or members of the Industry having the right to cast at least 51%
of all votes which might be cast at such a meeting. At least five
da3^s' notice to each member of the Industry shall be given.
h. Each member of the Industry Avho assents to and complies with
the provisions of this Supplementary Code, and who is not delin-
quent in the payment of any assessments made under the provisions
of this Supplementary Code, shall be entitled to cast one vote, either
in person or by proxy, in writing, duly executed by such member of
the industry, and filed with the Supplementary Code Authority
within a reasonable time prior to the time set for the meeting, at
all meetings of the members of the Industry.
Sec. 6. The Supplementary Code Authority shall have the fol-
lowing further powers and duties :
a. To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Supplementary
Code.
b. To make recommendations to the Administrator for the co-
ordination of the administration of this Supplementary Code with
such other Codes as may be related to the Industry.
c. To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the Industry who
have assented to, and are complying with, this Supplementary Code.
d. To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-'
tion of employment.
e. To recommend from time to time standards of shipment terms.
f. To recommend from time to time standards for guaranty on
products.
Sec. 7. Nothing contained in this Supplementary Code shall con-
stitute the members of the Supplementary Code Authority partners
for any purpose; nor shall any member of the Supplementary Code
Authority be liable in any manner to anyone for any act of any
other member, officer, agent, or employee of the Supplementary Code
Authority. Nor shall any member of the Supplementary Code
Authority, exercising reasonable diligence in the conduct of his duties
hereunder, be liable to anyone for any action or omission to act
under this Supplementary Code, except for his wilful misfeasance or
nonfeasance.
Sec. 8. If the Administrator shall determine that any action of
the Supplementary Code Authority or any agency thereof is unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended for a period of not to exceed
thirty (30) days to afford an opportunity for investigation of such
action and further consideration by such Supplementary Code Au-
747
thority or agency, pending final action, which shall be taken only
upon approval by the Administrator.
Article V — Unfair Trade Practices
For all purposes of the Supplementary Code, any member of the
Industry who shall, directly or indirectly, through au}^ officer, em-
ployee, agent, or representative, violate the following provisions of
this Article, shall be deemed guilty of unfair trade practice and a
violation of this Supplementary Code.
Section 1. Each member of the Industrj^ shall use an adequate
cost accounting sj^stem which shall conform to the cost accounting
system recommended by the Supplementary Code Authority and
approved by the Administrator as hereinafter provided. The Sup-
IDlementary Code Authority shall recommend for use in the Industry
a uniform and adequte cost accounting system which shall be adapta-
ble to the cost accounting procedure and to the business of the In-
dustry. Such plan shall specify the factors which shall be included
in determining the costs of each member of the Industry. Upon
approval by the Administrator of such a system of cost accounting
for the Industry, complete advice concerning it shall be distributed
by the Supplementary Code Authority to all members of the Indus-
try. Thereafter each member of the Industry shall file with the
agent designated under Article IV, Section I, of this Supplementary
Code his costs for typical items of the products of the Industry
offered for sale by him. Thereafter no member of the Industry shall
initiate a selling price below his own cost, or sell the product of the
Industry at such price or upon such terms or conditions of sale as
will result in the purchaser's paying for such product less than the
cost of that member of the Industry who has filed the lowest cost;
provided, however, that any member of the Industry may sell below
his own costs to meet existing competition, when such prices have
been filed in accordance with Section 2 of this Article ; and provided,
further, that the Supplementary Code Authority may approve,
subject to disapproval by the Administrator, the sale of surplus
stocks below such costs where necessary to relieve financial emer-
gencies. A detailed record of such surplus stocks shall be filed with
and checked by such impartial agency as the Supplementary Code
Authority ma}^ designate at the time of application for such approval.
Sec. 2. Each member of the Industry shall publish and file with
the Supplementary Code Authority within ten da5's after the effec-
tive date of the Supplementary Code, price lists individually pre-
pared by him of all products offered for sale or sold by him and all
terms and conditions of sale relating thereto. Such price lists shall
state for each grade and kind of each product sold or offered for sale,
one price with appropriate discounts therefrom, if any allowed, for
sales of classified types of purchasers. Such price lists and terms
and conditions of sale so filed with the Supplementary Code Author-
ity shall be open to inspection at all reasonable times by any inter-
ested party. Revised price lists or revised terms and conditions of
sale, if made, shall be filed from time to time thereafter with the
Sup]ilementarv Code Authority by any Member of the Industry:
provided, however, that such revisions shall be filed with the Sup-
748
plementary Code Authority ten days in advance of the effective
date thereof ; and, provided further, that any other member of the
Industry may file revisions of liis price lists or terms and conditions
of sale to meet the revisions first filed which may become effective on
the date when the revised price lists or revised terms and conditions
of sale first filed shall become effective. At the time of filing price
lists or discount sheets, in accordance with this paragraph, each
Member of the Industry shall furnish the Supplementary Code Au-
thority, for distribution, such number of copies of his price lists
and/or discount sheets and any revisions thereof, as the Supple-
mentary Code Authority may prescribe.^
Sec. 3. No member of the Industry shall sell or offer for sale any
product of the Industry at prices other than the prices noted in
its price lists, or terms and conditions of sale other than the terms
and conditions of sale previously filed by such member with the
Supplementary Code Authority in accordance with the provisions
of Section 2 of this Article and in effect at the time of such sale.
Sec. 4. The following paragraphs describe and shall constitute
unfair methods of competition :
a. (1) To publish advertising (whether printed, radio, display, or
of any nature) which is misleading or inaccurate in any material
particular, nor shall any member in any w^ay 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.
(2) To make disparaging statements respecting the business
methods, practices, or products of another member of the Industry.
b. To knowingly withhold from or insert in any quotation or
invoice any statement that makes it inaccurate in any material
particular.
c. To brand or pack any goods in any manner which is intended to
or does deceive or mislead purchasers with respect to the brand,
grade, quality, quantitj^, origin, size, substance, character, nature,
finish, material, content, or preparation of such goods.
d. To publish or circulate unjustified or unwarranted threats of
legal proceedings which tend to or have the effect of harassing com-
petitors or intimidating their customers. Failure to prosecute in
due course shall be evidence that any such threat is unwarranted or
unjustified.
e. To allow or make payment or allowance of a rebate, refund,
commission, credit, unearned discount, excess allowance, or allo^yance
for customer advertising, catalogues, or illegitimate premiums,
whether in the form of money or otherwise, nor shall a member of
the Industry 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. To ship goods on consignment except under circumstances to
be defined by the Supplementary Code Authority, subject to the
approval of the Administrator, where peculiar circumstances of
the Industry require the practice.
vSee paragraph 2 of order approving this Code.
749
g. No member of the Industry shall attempt to induce a breach of
an existing contract between a competitor and his employee (other
than employment contracts), or customer or source of supply; nor
shall any member interfere with or obstruct the performance of
such contractual duties or services.
h. To offer or extend a guarantee against decline or advance in
the selling price of products.
i. To agree to liquidate, purchase, or accept shipment of a com-
petitor's product from a customer, in order to sell member's own
product.
j. To authorize the return of product for a credit, where known
to be obsolete, or where sales record of preceding year indicates lack
of marketability.
k. To post date an invoice.
1. To extend protection against price advance or decline of prod-
ucts through the signing of requirement contracts.
m. To make an alloAvance for all or any portion of transportation
costs, except where transportation charges are figured as a j^art of
the original costs and are included in the selling price.
n. To enter into any agreement to assume responsibility for conse-
quential damages and other items of expense which normally cannot
be anticipated in original costs or selling prices.
Sec. 5. Export trade. — No provision of this Supplementary Code
relating to prices or terms of selling, shipping, or marketing, shall
apply to export trade or sales or shipments for export trade. Unless
and to the extent that the Supplementary Code Authority shall
otherwise determine, the sale of an}^ product by any member of the
Industry for direct shipment to Alaska, the Philippines, Hawaii, or
Puerto Rico or other insular possessions of the United States of
America shall not be deemed export trade.
Article VI — Modifications
Section 1. This Supplementary Code and all the provisions
thereof are expressly made subject to the right of the President, in
accordance with the provisions of subsection (b) of Section 10 of
the Act, from time to time to cancel or modify any order, approval,
license, rule, or regulation issued under the said Act.
Sec. 2. By presenting this Supplementary Code the members of
the Industry do not thereby consent to any modification thereof, and
they reserve the right to object to m\y such modifications without
being given an opportunity to be heard.
Sec. 3. This Supplemenary Code, except as to provisions required
by the Act, may be modified on the basis of experience or changes
in circumstances, such modification to be based upon application to
the Administrator and such notice and hearing as he shall specify;
and to become effective on approval by the Administrator.
Article VII — General Provisions
Section 1. No provision of this Supplementary Code shall be
applied so as to permit monopolies or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
750
Sec. 2. Whereas the policy of the Act to increase real purchasing
power will be made more difficult of consummation if prices of goods
and services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
Sec. 3. This Supplementary Code shall not affect patent rights.
Article VIII — Dueation of Supplementary Code
This Supplementary Code shall become effective at 12 : 01 a.m.
o'clock on the tenth day after it is approved by the President and
shall continue in effect, until June 16, 1935, or the earliest date prior
thereto on which the President shall, by proclamation, or the Con-
gress shall, by joint resolution, declare that the emergency recog-
nized by Section 1 of the National Industrial Recovery Act has
ended.
Approved Code No. 84 — Supplement No. 3.
Registry No. 1107-1-01.
Approved Code No. 84 — Supplement No. 4
SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE
ELECTRIC INDUSTRIAL TRUCK MANUFACTURING
INDUSTRY
As Approved on January 31, 1934
ORDER
Supplementary Code of Fair Competition for the Electric
Industrial Truck Manufacturing Industry
A division of the fabricated metal products manufacturing and
metal finishing and metal coating industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and in accordance with
the provisions of Section I of Article VI of the Basic Code for the
Fabricated Metal Products Manufacturing and Metal Finishing and
Metal Coating Industry, approved November 2, 1933, for approval
of a Supplementary Code of Fair Competition for the Electric
Industrial Truck Manufacturing Industry; and hearing having been
duly held thereon; and the annexed report on said Supplementary
Code, containing findings with respect thereto, having been made
and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority A'ested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Supplementary Code complies
in all respects with the pertinent provisions and will promote the
policy and purposes of said Title of said Act; and do hereby order
that said Supplementary Code of Fair Competition be and it is
hereby approved; provicled, however, that the provisions of Article
V, Section 2, insofar as they prescribe a waiting period between
the filing with the Code Authority (i.e. actual receipt by the Code
Authority) and the effective date of revised price lists or revised
terms and conditions of sale be and they are hereby stayed for a
(751)
752
period of sixty days or pending the completion of a study now being
conducted by the National Recovery Administration, and at the end
of such period said provisions shall become effective unless I, by my
further Order, otherwise determine.
Hugh S. Johnson,
AdTninistrator for Industrial Recovery.
Approval recommended :
W. A. Harriman,
Division A dminis trator.
Washington, D.C,
January 31, 193^.
/ EEPORT TO THE PRESIDENT
The President.
The White House.
Sir : This is a report on the Supplementary Code of Fair Compe-
tition for the Electric Industrial Truck Manufacturing Industry, a
division of the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, and on the hearing conducted
thereon in Washington, D.CI, December 18, 1933, in accordance with
the provisions of Title I of the National Industrial Recovery Act.
GENERAL STATEMENT
The Electric Industrial Truck Manufacturing Industry, being
truly representative of this division of the Fabricated Metal Prod-
ucts Manufacturing and Metal Finishing and Metal Coating Indus-
tr}?-, has elected to avail itself of the option of submitting a Sup-
plementary Code of Fair Practice, as provided for in Section 1 of
Article VI of the Basic Code, for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry
approved by you on the second day of November 1933,
RESUME OF THE CODE
Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the Stip-
plementary Code.
Article III. This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and the labor provisions of its Basic Code, as approved
November 2, 1933, are the labor provisions of this Supplementary
Code.
Article IV establishes a Supplementary Code Authority consisting
of the five (5) members of the Board of Trustees of the Electric
Industrial Truck Institute. Inc., or its successor, and one member
chosen from the Industry by the vote of the members thereof, and
gives the Administrator the authority to appoint one additional
member without vote and provides machinery for obtaining statistics
and the administration of this Supplementary Code.
Article V sets forth the fair trade practices of this Supplementary
Code which has been especially designed to effect fair competition
in this division of the Industry.
Article VI contains the mandatory provisions contained in Sec-
tion 10 (b) of the Act and also provides for the submission of pro-
posed amendments to the Supplementary Code.
Article VII provides against monopolies and monopolistic prac-
tices, and recognizes that price increases be limited to actual addi-
tional increases in the seller's costs.
Article VIII states the effective date of this Supplementary Code,
(753)
754
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Supplementary Code having found as herein set forth and on
the basis of all the proceedings in this matter;
I find that —
(a) Said Supplementary Code is well designed to promote the
policies and purposes of Title I of the National Industrial Kecovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity
of industries, by avoiding undue restriction of production (except
as may be temporarily required), by increasing the consumption
of industrial and agricultural products through increasing purchas-
ing power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Supplementary Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
of the aforesaid Industry; and that said association imposes no
inequitable restrictions on admission to membership therein.
(d) The Supplementary Code is not designed to and will not
permit monopolies or monopolistic practices.
(e) The Supplementary Code is not designed to and will not
eliminate or oppress small enterprises and will not operate to
discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Supplementary Code.
For these reasons, therefore, I have approved this Supplementary
Code.
Kespectfully,
Hugh S. Johnson,
Administrator.
January 31, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE ELECTRIC INDUSTRIAL TRUCK MANUFACTUR-
ING INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY
Article I — Purposes
To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Supple-
mentary Code of Fair Competition for the Electric Industrial Truck
Manufacturing Industry, pursuant to Article VI of the Basic Code
of Fair Competition for the Fabricated Metal Products Manufac-
turing and Metal Finishing and Metal Coating Industry, approved
by the President of the United States on the second day of November
1933, and upon approval by the President of the United States the
provisions of this Supplementary Code shall be the Standard of
Fair Competition for and shall be binding upon every member
thereof.
Article II — Definitions
The term " The Electric Industrial Truck Manufacturing Indus-
tiy ". hereafter referred to as the Industry, means and includes the
manufacture or purchase of component parts for assembly and for
sale of all types of electric industrial trucks, electric industrial
tractors, electric industrial cranes, which use low-voltage electric
motors for motive power, and accessories.
The term " Member of the Industry " includes, but without limi-
tation, any individual, partnership, association, corporation, or other
form of enterprise engaged in the Industry, either as an employer
or on his or its own behalf.
The terms " President ", "Act ", and "Administrator " as used
herein shall mean, respectively, the President of the United States,
the National Industrial Recovery Act, and the Administrator, of
Title I of said Act.
The term " Basic Code " as used herein is defined to mean the
Basic Code of Fair Competition for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry, as
approved by the President of the United States on the second day of
November 1933.
The term " Supplementary Code Authority " as used herein means
the agency which shall supervise the administration of this Supple-
mentary Code.
(755)
756
The term " Institute " as used herein is defined to mean The
Electric Industrial Truck Institute, Inc., or its successor.
The term " Federation " as used herein is defined to mean The
Fabricated Metal Products Federation, or its successor.
Article III — Employment Provisions
This Industry is a division of the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry
and the labor provisions of its Basic Code as approved by the Presi-
dent of the United States are the labor provisions of this Supple-
mentary Code.
Article IV — Organization and Administration
Section 1. The Supplementary Code Authority is hereby consti-
tuted the agency to administer the provisions of this Supplementary
Code, and shall consist of the five (5) members of the Board of
Trustees of the Institute and one member chosen from the Industry
by the vote of the membei's thereof. The Administrator may ap-
point one representative to serve without vote and without expense
to the Industry unless the Supplementary Code Authority shall
agree to pay such expenses as a member of the Supplementary Code
Authority. The president of the Institute is hereby constituted the
agent to collect and distribute all statistical reports of the Industry
as required by the Supplementary Code Authority. With a view
to keeping the President of the United States informed as to the
observance or nonobservance of this Supplementary Code, said agent
shall collect such statistics as called for by the President and/or
the Administrator and send them in such form as the President
and/or the Administrator may require to the Federation, as the
agency administering said Basic Code.
Sec. 2. The President of the Institute, as such agent, shall also,
from time to time, furnish to the Basic Code Authority, designated
in said Basic Code, such information as may be required to be fur-
nished under the terms of said Basic Code.
Sec. 3. All data filed in accordance with the provisions of this
Supplementary Code shall be confidential and shall not be revealed,
except in composite form, to anyone other than an authorized govern-
mental agency.
Sec. 4. Any or all information furnished to the President of the
Institute by any member of the Industry shall be subject to checking
for the purpose of verifying by an examination of the pertinent books
and accounts and records of such member by any disinterested person
or persons, mutually agreed upon by the Supplemetary Code Author-
ity and the member of the Industry whose books and accounts and
records are to be examined, or by a person or persons nominated by
the Supplementary Code Authority and approved by the Adminis-
trator. The cost of such examination shall be treated as an expense
of administering the Code ; provided, however, that if upon such ex-
amination any such information shall be shown to have been incorrect
in any material respect, such costs shall be paid by the member of
the Industry which furnished such information.
757
Sec. 5. To further effectuate the policies of the Act and for the
administration of this Supplementary Code, the constituted authori-
ties and methods of government of the Industry shall be as follows :
(a) The Supplementary Code Authority shall have general power
and supervision over the enforcement of the provisions of this Sup-
plementary Code and it is hereby designated as the agency for admin-
istering, supervising, and promoting the observance of the provisions
of this Supplementary Code, and shall have power to obtain from all
members of the Industry such reasonable and pertinent data as may
be necessary for the administration of the provisions of this Supple-
mentary Code. The request for reports from members of the Indus-
try shall not be made in any manner which will impose unequal obli-
gations upon members of the Industry.
(b) The Supplementary Code Authority shall have power to in-
vestigate on its own initiative or on complaint, the operation of the
Supplementary Code and any alleged violation of the Supplementary
Code by any member of the Industry ; to make findings of fact and to
state its conclusions as to whether or not there has been any violation
of any provision of the Supplementary Code, and except as herein-
after provided, to take such steps as it may deem necessary or advis-
able, within the provisions of the Supplementary Code, subject to
rules and regulations by the Administrator.
(c) No member of the Supplementary Code Authority shall par-
ticipate, as a member of such Supplementary Code Authority, in
any proceedings in which he is interested as the complainant or
respondent, or in which he is in any other manner directly interested,
and in the event of any such disqualification, the remaining members
of such Supplementary Code Authority shall certify such disqualifi-
cation, together with the reasons therefor and shall promptly desig-
nate a person to sit as a special member of such Supplementary Code
Authority for the purpose of such proceedings.
(d) The Supplementary Code Authority may delegate any of its
duties to such person of persons, committee or committees, as it may
select; provided, that it shall not delegate any of its duties to any
person who is subject to disquahfication, as in paragraph (c) above
provided ; and provided further, that such delegation shall not relieve
the Supplementary Code Authority from any of its responsibilities
under this Supplementary Code,
(e) The Supplementary Code Authority may, subject to the ap-
proval of the Administrator, upon finding, by a three fifths vote,
that the respondent assenting member of the Industry has violated
this Supplementary Code, assess all costs in connection wath such
investigation and disposition of such complaint against said respond-
ent assenting member of the Industry. If any assenting member of
the Industry makes a formal complaint to the Supplementary Code
Authority which proves, after investigation by the Supplementary
Code Authority and approval by the Administrator, to be without
foundation in fact, then the Supplementary Code Authority may
assess against the assenting member of the Industry bringing such
formal complaint, all costs in connection w^ith the investigation and
disposition of such complaint. All assessments to be paid into the
treasury of the Institute as the Agency of the Supplementary Code
Authority.
758
(f) Each member of the Industry subject to the jurisdiction of
this Supplementary Code shall pay to the Institute as the agency
of the Supplementary Code Authority his or its j^roportionate share
of the amount necessary to pay the cost of assembling, analyzing,
and publication of such reports and data and of the maintenance of
the Supplementary Code Authority in connection with its activities
relative to the administration of this Supplementary Code; said
proportionate share to be based upon the volume of business and/or
such other factors as the Supplementary Code Authority may pre-
scribe.
(g) A meeting of the Members of the Industry may be called and
held at any time by order of the Supplementary Code Authority or
members of the Industry having the right to cast at least 51% of
all votes which might be cast at such a meeting. At least five days'
notice to each member of the Industry shall be given.
(h) Each member of the Industry who assents to and complies
with the provisions of this Supplementary Code, and who is not
delinquent in the payment of any assessments made under the pro-
visions of this Supplementary Code, shall be entitled to cast one
vote, either in person or by proxy, in writing, duly executed by such
member of the Industry, and filed with the Supplementary Code
Authority within a reasonable time prior to the time set for the
meeting, at all meetings of the members of the Industry.
Sec. 6. The Supplementary Code Authority shall have the follow-
ing further powers and duties :
(a) To adopt bjdaws and rules and regulations for its procedure
and for the administration and enforcement of the Supplementary
Code.
(b) To make recommendations to the Administrator for the co-
ordination of the administration of this Supplementary Code with
such other Codes as may be related to the Industry.
(c) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the Industry who
have assented to, and are complying with, this Supplementary Code.
(d) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabili-
zation of employment.
(e) To recommend from time to time standards of shipment
terms.
(f) To recommend from time to time standards for guaranty
on products.
Sec. 7. Nothing contained in this Supplementary Code shall con-
stitute the members of the Supplementary Code Authority partners
for any purpose ; nor shall any member of the Supplementary Code
Authority be liable in any manner to anyone for any act of any other
member, officer, agent, or employee of the Supplementary Code
Authority. Nor shall any member of the Supplementary Code
Authority, exercising reasonable diligence in the conduct of his duties
hereunder, be liable to anyone for any action or omission to act
under this Supplementary Code, except for his wilful misfeasance or
nonfeasance.
759
Sec. 8. If the Administrator shall determine that any action of
the Supplementary Code Authority or any agency thereof is unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended for a period of not to exceed
thirty (30) days to afford an opportunity for investigation of such
action and further consideration by such Supplementary Code
Authority or agency, pending final action, which shall be taken only
upon approval by the Administrator.
Article V — Unfair Trade Practices
For all purposes of the Supplementary Code, any member of the
Industry who shall, directly or indirectly, through any officer, em-
ployee, agent, or representative, violate the following provisions of
this Article, shall be deemed guilty of unfair trade practice and a
violation of this Supplementary Code.
Section 1. Each member of the Industry shall use an adequate
cost accounting system which shall conform to the cost accounting
system recommended by the Supplementary Code Authority and
approved by the Administrator as hereinafter provided. The Sup-
plementary Code Authority shall recommend for use in the Industry
a uniform and adequate cost accounting system which shall be adapt-
able to the cost accounting procedure and to the business of the
Industry. Such plan shall specify the factors which shall be in-
cluded in determining the costs of each member of the Industry.
Upon approval by the Administrator of such a system of cost
accounting for the Industry, complete advice concerning it shall be
distributed by the Supplementary Code Authority to all members
of the Industry. Thereafter each member of the Industry shall file
with the agent designated under Article IV, Section 1, of this Sup-
plementary Code his costs for typical items of the products of the
Industry offered for sale by him. Thereafter no member of the
Industry shall initiate a selling price below his own cost, or sell the
product of the Industry at such price or upon such terms or condi-
tions of sale as will result in the purchaser's paying for such product
less than the cost of that member of the Industry who has filed the
lowest cost ; provided, however, that any member of the Industry may
sell below his own costs to meet existing competition, when such
prices have been filed in accordance with Section 2 of this Article;
and provided further, that the Supplementary Code Authority may
approve, subject to disapproval by the Administrator, the sale of
surplus stocks below such costs where necessary to relieve financial
emergencies. A detailed record of such surplus stocks shall be filed
with and checked by such impartial agency as the Supplementary
Code Authority may designate at the time of application for such
approval.
Sec. 2. Each member of the Industry shall publish and file with
the Supplementary Code Authority within ten days after the effec-
tive date of the Supplementary Code, price lists individually pre-
pared by him of all products offered for sale or sold by him and all
terms and conditions of sale relating thereto. Such price lists shall
state for each grade and kind of each product sold or offered for sale,
one price with appropriate discounts therefrom, if any allowed, for
760
sales to classified types of purchasers. Such price lists and terms and
conditions of sale' so filed with the Supplementary Code Authority
shall be open to inspection at all reasonable times by any interested
party. Revised price lists or revised terms and conditions of sale,
if made, shall be filed from time to time thereafter with the Supple-
mentary Code Authority by any Member of the Industry; provided,
however, that such revisions shall be filed with the Supplementary
Code Authority ten days in advance of the effective date thereof;
and, provided further, that any other member of the Industry may
file revisions of his price lists or terms and conditions of sale to meet
the revisions first filed which may become effective on the date when
the revised price hsts or revised terms and conditions of sale first
filed shall become effective. At the time of filing price lists or dis-
count sheets, in accordance with this paragraph, each Member of
the Industry shall furnish the Supplementary Code Authority, for
distribution, such number of copies of his price lists and or discount
sheets and any revisions thereof, as the Supplementary Code Author-
ity may prescribe.
Sec. 3. Xo member of the Industry shall sell or offer for sale any
product of the Industry at prices other than the prices noted in its
price lists, or terms and conditions of sale other than the terms and
conditions of sale previously filed by such member with the Supple-
mentary Code Authority in accordance with the provisions of Sec-
tion 2 of this Article and in effect at the time of such sale.
Sec. 4. The following paragraphs describe and shall constitute
imf air methods of competition :
(a) 1. To publish advertising (whether printed, radio, display,
or of any nature) which is misleading or inaccurate in any material
particular, nor shall any member 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.
2. To make disparaging statements respecting the business meth-
ods, practices, or products of another member of the Industry.
(b) To knowingly withhold from or insert in any quotation or
invoice anv statement that makes it inaccurate in anv material
particular.
(c) To brand 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) To publish or circulate unjustified or unwarranted threats of
legal proceedings which tend to or have the effect of harassing com-
petitors or intimidating their customers. Failure to prosecute in
due course shall be evidence that any such threat is unwarranted
or unjustified.
(e) To allow or make payment or allowance of a rebate, refund,
commission, credit, unearned discount, excess allowance, or allow-
ance for customer advertising, catalogues, or illegitimate premiums,
whether in the form of money or otherwise, nor shall a member of
the Industry secretly offer or extend to an}' customer any special
I
761
service or privilege not extended to all customers of the same class,
for the purpose of influencing a sale.
(f) To ship goods on consignment except under circmiistances to
be defined b}' the Supplementary Code Authority, subject to the
approval of the Administrator, where peculiar circumstances of the
Industry require the practice.
(g) Xo member of the Industry shall attempt to induce a breach
of an existing contract between a competitor and his employee
(other than employment contracts), or customer or source of sup-
ply; nor shall any member interfere with or obstruct the perform-
ance of such contractual duties or services.
(h) To oifer or extend a guarantee against decline or advance in
the selling price of products.
(i) To agree to liquidate, purchase, or accept shipment of a
competitor's product from a customer, in order to sell a member's
own product.
(j) To authorize the return of product for a credit, where known
to be obsolete, or where sales record of preceding year indicates lack
of marketability.
(k) To postdate an invoice.
(1) To extend protection against price advance or decline of prod-
ucts through the signing of requirement contracts.
(m) To make an allowance for all or any portion of transporta-
tion costs, except where transportation charges are figured as a part
of the original costs and are included in the selling price,
(n) To enter into any agreement to assume responsibility for con-
sequential damages and other items of expense which normalh' can-
not be anticipated in original costs or selling prices.
Sec. 5. Export Trade. — Xo provision of this Supplementary Code
relating to prices or terms of selling, shipping, or marketing, shall
apply to export trade or sales or shipments for export trade. Unless
and to the extent that the Supplementary Code Authority shall
otherwise determine, the sale of any product by any member of the
Industry for direct shipment to Alaska, the Philippines. Hawaii, or
Puerto Rico or other insular possessions of the United States of
America shall not be deemed export trade.
Article VI — Modificatioxs
Section 1. This Supplementary Code and all the provisions thereof
are expressly made subject to the right of the President, in accord-
ance with the provisions of subsection (b) of Section 10 of the Act,
from time to time to cancel or modify any order, approval, license,
rule, or regulation issued under the said Act.
Sec. 2. By presenting this Supplementary Code the members of
the Industry do not thereby consent to any modification thereof, and
they reserve the right to object to any such modifications without
being given an opportunity to be heard.
Sec. 3. This Supplementary Code, except as to provisions re-
quired by the Act, may be modified on the basis of experience or
changes in circumstances, such modification to be based upon appli-
cation to the Administrator and such notice and hearing as he shall
specify; and to become effective on approval bj^ the Administrator.
40121—34 S
762
Article VII — General Provisions
Section 1. No provisions of this Supplementary Code shall be
applied so as to permit monopolies or monopolistic practices, or
to eliminate, oppress, or discriminate against small enterprises.
Sec. 2. Whereas the policy of the Act to increase real purchasing
power will be made more difficult of consummation if prices of
goods and services increase as rapidly as wages, it is recognized that
price increases except such as may be required to meet individual
cost should be delayed, but when made such increases should, so far
as possible, be limited to actual additional increases in the seller's
costs.
Sec. 3. This Supplementary Code shall not affect patent rights.
Article VIII — Duration of Supplementary Code
This Supplementary Code shall become effective at 12 : 01 a.m.
o'clock on the tenth day after it is approved by the President and
shall continue in effect until June 16, 1935, or the earliest date prior
thereto on which the President shall, by proclamation, or the Con-
gress shall, by joint resolution, declare that the emergency recognized
by Section 1 of the National Industrial Recovery Act has ended.
Approved Code No. 84 — Supplement No. 4,
Registry No. 1421-01.
EXECUTIVE ORDERS
763
EXECUTIVE ORDER
Administration for Industrial Recovery
Pursuant to the authority vested in me by Title I of the National
Industrial Recovery Act, approved June 16, 1933, and in supplement
to my Executive Order of June 16, 1933, appointing Hugh S. Jolmson
to be the Administrator for Industrial Recovery under Title I of said
Act, and appointing a Special Industrial Recovery Board, I hereby
authorize the Administrator, subject to the general approval of the
Special Industrial Recovery Board, to appoint the necessary personnel
on a permanent basis, to fix their compensation, and to conduct such
hearings and to exercise such other functions as are vested in me by
Title I of said Act, except the approval of codes, or maldng of agree-
ments, or issuance of licenses, or exercise of powers conferred in
Section 3 (e), Section 6 (c). Section 8 (b). Section 9, and Section 10.
FRANKLIN D. ROOSEVELT.
The White House,
July 15, 1933.
[No. 6205-A]
ADMINISTRATIVE ORDERS
765
ADMINISTRATIVE ORDER NO. 33-3
ADMINISTRATOR'S ORDER
Temporary Modification of Method of Computing Costs in Accordance
WITH Section 8 of Article VIII, Retail Lumber, Lumber Products,
Building Materials and Building Specialties Industry Code
A Code of Fair Competition for the Retail Lumber, Lumber Prod-
ucts, Building Materials and Building Specialties Industry was
approved by the President October 3, 1933.
It has been shown to me that the retail lumber trade faces a serious
competitive situation in which certain larger members of the industry
are likely to sell at less than fair prices large stocks of lumber purchased
at distress prices, and that tliis would have the effect of driving out
of business a great many small dealers who render a useful and eco-
nomic service in normal times.
In order to prevent the destruction of these smaller business-men,
the Code Authority of said Code has submitted to me a request to
change the method of computing costs specified in said Section 8 of
the said Article VIII and has submitted to me an application for a
re\asion of the factors to be included in a determination of costs
pursuant to the said Code and for a revision of the methods by which
such factors are to be determined, as follows:
(1) Actual cost of merchandise to the dealer as used in the said
Section 8 of Article VIII shall in no case be less than the effective
minimum delivered price established by the Code Authority of the
Code of Fair Competition for the Lumber and Timber Products
Industry or by the Code Authority of such other industries whose
products are handled by a retail lumber dealer, or, in the event that
no such price has been established or is effective, the actual cost of
merchandise at the current market minimum price.
(2) Model handling and delivery cost per thousand feet shall not
be less than the amount hereinbelow specified opposite the specified
minimum wage areas in such specified minimum wage areas.
45^ and 50^ Wage Area $4.33 plus $1.59 or $5.92. Use $6.00.
40^ " " $3.97 plus $1.59 or $5.66. Use $5.60.
35^ " " $3.61 plus $1.59 or $5.20. Use $5.20.
25^and30f^ " " $3.25 plus $1.59 or $4.84. Use $4.80.
(3) The model conversion factor for the pricing of material not
sold on the thousand board foot basis, shall be that six dollars ($6)
shall equal twenty per cent (20%).
(4) Alodel overhead cost for selling and administrative expense
shall not be more than seventy-five per cent (75%), of the average
for each approved area.
NOW, THEREFORE, pursuant to the authority vested in me
by the aforesaid Article VIII, Section 8, of the said Code, and Execu-
tive Order dated December 30, 1933, I approve the aforesaid revisions
766
as hereinabove set forth for a trial period of ninety (90) days from the
effective date hereof in order that I may have an opportunity to deter-
mine whether the aforesaid costing formula and procedure will
effectuate the purposes of Title I of the National Industrial Recovery
Act, provided, however, that during said ninety (90) day trial period
and prior to the expiration thereof the Code Authority of the Code of
Fair Competition for the Retail Lumber, Lumber Products, Buildmg
Materials and Building Specialties Industry shall submit to me reports
showing fluctuations in minimum retail prices within the various
areas in the industry or within such areas as I may designate from
time to time hereafter on standard items handled by dealers in retail
lumber, lumber products, building materials and building specialties,
together with such other information as I may require for the pur-
poses hereinabove stated, and provided further that within a period
of 15 days from this date this order may be stayed by me if adequate
cause therefor be shown to me by anyone, and provided further that
public notice of this order in accordance with the rules and regulations
of the N.R.A. shall be issued on the date hereof.
Hugh S. Johnson,
Administrator.
Approval recommended:
Malcolm Mum,
Division Administrator.
Approval recommended:
E. A. Selfridge,
Deputy Administrator.
January 5, 1934.
767
ADMINISTRATIVE ORDER NO. 128-3
Temporary Exemption of All Members From Operation of
Article XI in the Cement Industry
ORDER OF THE ADMINISTRATOR
A Code of Fair Competition for the Cement Industry was Ap-
proved by the President on November 27, 1933.
Pursuant to the authority vested in me by and under the provisions
of the Executive Order of July 15, 1933, and by the Executive Order
of December 30, 1933, and numerous complaints having been made
to me and it appearing to me that further investigation is required
with respect to the problem of selling and marketing Portland Cement,
I hereby exempt and except all members of the Cement Industry
from the operation of Article XI of the Code of Fair Competition for
the Cement Industry for a period of fifty (50) days from the date of
this order, pending such investigation and hearings as I may prescribe
and decision by me to determine whether such provisions meet present
industrial and social conditions as they relate to the Cement Industry
and whether such provisions effectuate the policy and provisions of
the National Industrial Recovery Act.
Hugh S. Johnson,
Administrator.
January 5, 1934.
768
ADMINISTRATIVE ORDER NO. X-2
ADMINISTRATIVE ORDER CONCERNING ESTABLISHMENT OF
OFFICIAL N.R.A. BULLETIN BOARD AND USE THEREOF
By Executive Order of the President dated December 21, 1933, a
copy of which is attached hereto, an official National Recovery
Administration bulletin board has been established. The purpose
of this bulletin board is to give constructive notice of hearings, pro-
ceedings, decisions, et cetera, of the National Recovery Administra-
tion, or which have been and/or are to be held or taken or made
pursuant to the National Industrial Recovery Act.
Room 3051 of the Department of Commerce Building, Washington,
D.C., is hereby designated as such official bulletin board of the
National Recovery Administration.
All officials and employees of the National Recovery Administra-
tion, all code authorities and agencies, and all trade associations and
industrial agencies are hereby requested and instructed to comply
with the provisions of this Executive Order in regard to all matters
which should be or are sought to be brought to the attention of those
other than such parties who have been given specific notice thereof.
Execution of such instructions shall be accomplished in each instance
by a prompt comphance with the provisions of Section 5 of said
Executive Order.
Copies of this order shall be distributed to the mailing list of the
National Recovery Administration and to all others included within
the meaning of the last sentence of Section 4 of said Executive Order
and to any and all other parties requesting the same.
Hugh S. Johnson,
Administrator Jor Industrial Recovery.
January 6, 1934.
769
ADMINISTRATIVE ORDER NO. 37-3
ORDER OF ADMINISTRATOR, OVERHEAD COSTS FOR BUILDERS'
SUPPLIES TRADE, BASED ON COST OF MERCHANDISE
A Code of Fair Competition for the Builders' Supplies Trade was
approved by the President on October 3, 1933.
It has been shown to me that the Builders' Supplies Trade now
faces a serious competitive situation in which price demoralization has
occurred to such an extent as to endanger the policy and purposes of
the National Industrial Recovery Act, and as to threaten the severe
oppression, or elimination, of a great many small dealers who render
a useful and economic service in normal times.
In order to effectuate the policy and purposes of the National In-
dustrial Recovery Act and of the Code of Fair Competition for the
Builders' Supply Trade, and to prevent the oppression and destruction
of those smaller business men, the Code Authority of said Code has
submitted to me the following percentages, based on cost of merchan-
dise, and computed by the statistical mode method, pursuant to the
provisions of Sections (b) and (d) of Article IX of the said Code, as
that percentage of cost of merchandise which constitutes overhead
costs based on the statistical mode:
I. Carload Business:
A. Overhead costs on builders' suppUes sold in carload or barge load
quantities, f .o.b. siding or dock, but excluding Portland cement or any
other cement, are determined to be twelve and one-half percent (12)^%
of the cost of such merchandise.
B. Overhead costs on Portland cement sold in carload or barge
load quantities, f.o.b. siding or dock, are determined to be seven and
one-half percent (7}2%) of the cost of such merchandise.
C. Overhead costs on all cements other than Portland cement sold
in carload or barge load quantities, f.o.b. siding or dock, are deter-
mined to be ten percent (10%) of the cost of such merchandise.
D. Paragraphs (B) and (C) shall not apply to sales direct to the
United States Government, to State Governments, or railroads for
maintenance of way.
II. Sales in Quantities Varying Between Five (5) Tons and Carload
Quantities:
Overhead costs on quantities varying between five (5) tons and ear-
loads, are determined to be thirty-three and one-third percent (33K%)
of the cost of such merchandise.
III. Sales in Quantities of Less than Five (5) Tons:
Overhead cost on quantities of less than five (5) tons are determined
to be sixty-six and two-thirds percent (66/3%) of the cost of such
merchandise.
NOW, THEREFORE, Pursuant to the authority vested in me by
the aforesaid Article IX, Section (d) of the said Code and the Execu-
tive Order of the President dated December 30, 1933, I approve the
770
percentages of cost of merchandise hereinabove set forth, for the de-
termination of overhead costs for a trial period of ninety (90) days
from the effective date hereof, in order that I may have an oppor-
tmiity to determine whether the aforesaid percentages will effectuate
the purposes of Title I of the National Industrial Recovery Act; pro-
vided, however, that during said ninety (90) day trial period and
prior to the expiration thereof, the Code Authority of the Code of
Fair Competition for the Builders' Supplies Trade shall submit to me
reports showing fluctuations in minimum retail prices within the
various areas of the industry, or witliin such areas as I may designate
from time to time hereafter, on standard items handled by dealers
in builders' supphes, together with such other information as I may
require for the purpose hereinabove stated, and provided further that
within a period of fifteen (15) days from the date of this Order, this
Order may be stayed by me if adequate cause therefor be shown to
me by any one, and provided further that public notice of this Order,
in accordance with the rules and regulations of the National Recovery
Administration, shall be issued on the date hereof.
Hugh S. Johnsox,
Administrator.
Approval recommended:
E. A. Selfridge,
Depuiy Administrator.
January 8, 1934.
771
ADMINISTRATIVE ORDER NO. 1-32
EMERGENCY REQUIREMENT AS TO TEMPORARY LIMITATIOxN OF
HOURS OF MACHINE OPERATION IN THE COMBED SALES YARN
GROUP OF THE COTTON TEXTILE INDUSTRY
Pursuant to the recommendation of the Cotton Textile Code
Authority under Section VI of the Cotton Textile Code, approved by
the Administrator December 1, 1933, providing for procedure for
temporary changes in the hmitation of hours of operation of pro-
ductive machinery to meet particular conditions arising in particular
groups of the Industry, it is required that —
For a period of seven weeks, beginning January 15, 1934, and
ending March 3, 1934, no spinning spindle in the Cotton Textile
Industry, wherever located, operating on the production of any type
of combed yarn for sale as such, with the single exception of spindles
producing yarn for eventual use in the manufacture of rubber tires
(all such spindles comprising the productive machinery of the Combed
Sales Yarn Group of the Industry) shall be operated during any week
within such period in excess of 70% of the maximum hours of weeldy
operation other^^ise permissible for such productive machinery under
Section III of the Cotton Textile Code as approved by the President
on July 16, 1933, provided that the above period may be shortened
by the Code Authority with the concurrence of the Government
representatives thereon, or that such restriction of hours of operation
may likewise be reduced at any time during the period as changing
conditions may warrant. It is further required that, during the
period when such temporary limitation is in effect, no weaving mill,
carded yarn mill, knitting mill, thread manufacturer or mercerizing
estabhshment shall operate spindles in the production of any type of
combed yarn for sale as such, other than yarn for eventual use in the
manufacture of rubber tires, which were not emploj^ed in spinning
combed yarn for such sale at some time during the 90 days prior to
January 1, 1934.
Cotton Textile Industry Committee,
Code Authority under the Code of Fair Competition
for the Cotton Textile Industry,
By George A. Sloan
The foregoing requirements are concurred in, Januaiy 10, 1934.
Hugh S. Johnson,
Administrator.
Leo. Wolman,
Nelson Slater,
Government Representatives on the Cotton Textile Industry
Committee, Code Authority under the Code of Fair Com-
petition for the Cotton Textile Industry.
772
ADMINISTRATIVE ORDER NO. 1-34
EMERGENCY REQUIREMENTS AS TO TEMPORARY LIMITATION
OF MACHINE OPERATION OF THE COMBED THREAD jPRODUC-
ERS GROUP OF THE COTTON TEXTILE INDUSTRY IN RESPECT
OF THE PRODUCTION OF COMBED YARN
Pursuant to the recommendation of the Cotton Textile Code Au-
thority under Section VI of the Cotton Textile Code, approved by the
Administrator December 1, 1933, providing for procedure for tempo-
rary changes in the limitation of hours of operation of productive
machinery to meet particular conditions arising in particular groups
of the Industry, it is required that —
For a period of seven weeks, beginning January 15, 1934, and ending
March 3, 1934, no spinning spindle owned by a thread producer,
operating on the production of combed yarn to be sold by such thread
producer as thread, shall be operated during such period a total num-
ber of hours in excess of the equivalent of 75% of the maximum hours
of operation which would otherwise be permitted by the Cotton Textile
Code, as approved by the President on July 16, 1933, for such a seven-
week period, provided that the above period may be shortened by the
Code Authority, with the concurrence of the Government representa-
tives thereon, or that such restriction of hours of operation may like-
wise be reduced at any time during the period as changing conditions
may warrant. It is further required that, during the period that such
temporary limitation is in effect, no weaving mill, carded yarn mill,
combed yarn mill, knitting mill or mercerizing establishment shall
operate spindles in the production of any type of finished thread to
be sold direct to the trade for sewing purposes which were not em-
ployed in spinning thread for such sale at some time during the ninety
days prior to January 1, 1934.
Cotton Textile Industry Committee,
Code Authority under the Code of Fair Competition
jor the Cotton Textile Industry.
By Geo. A. Sloan, Chairman.
The foregoing requirements are concurred in, Jan. 10, 1934.
Hugh S. Johnson,
Administrator.
Leo Wolman by G. S.,
Nelson Slater,
Government represenatives on the Cotton Textile Industry Com ■
mittee, Code Authority under the Code of Fair Competition
for the Cotton Textile Industry.
773
ADMINISTRATIVE ORDER NO. 1-33
EMERGENCY REQUIREMENTS AS TO TEMPORARY LIMITATION
OF MACHINE OPERATION OF THE MERCERIZERS GROUP OF
THE COTTON TEXTILE INDUSTRY IN RESPECT OF THE PRO-
DUCTION OF COMBED YARN
Pursuant to the recommendation of the Cotton Textile Code
Authority under Section VI of the Cotton Textile Code, approved
by the Administrator December 1, 1933, providing for procedure for
temporary changes in the limitation of hours of operation of produc-
tive machinery to meet particular conditions arising in particular
groups of the Industry, it is required that —
For a period of seven weeks, beginning January 15, 1934, and
ending March 3, 1934, no spinning spindle, owned by a mercerizing
company, operating on the production of combed yarn for further
processing in its own mercerizing establishment, shall be operated
during such period for a total number of hours in excess of the equiva-
lent of 75% of the maximum hours of operation wliich would other-
wise be permitted b}^ the Cotton Textile Code as approved by the
President on July 16, 1933, for such a seven-week period, provided
that tliis period may be shortened by the Code Authority with the
concurrence of the Government representatives thereon, or that such
restriction of hours of operation may likewise be reduced at any time
during the period as changing conditions may warrant.
Cotton Textile Industry Committee,
Code Authority under the Code of Fair Competition
for the Cotton Textile Industry,
By Geo. A. Sloan, Chairman.
The foregoing requirements are concurred in, January 10, 1934.
Hugh S. Johnson,
Administrator.
Leo Wolman by G.S.,
Nelson Slater,
Government Representatives on the Cotton Textile Industry
Committee, Code Authority under the Code of Fair Com-
petition for the Cotton Textile Industry.
40121—34-
774
ADMINISTRATIVE ORDER NO. 145-3
Stay, in Certain Cases, of Provisions of Articles III, IV and
V OF Code of Fair Competition for the Furniture Manufac-
turing Industry
A petition having been duly filed January 2, 1934, by the Southern
Furniture Manufacturers' Association on behalf of its members, for
a stay of the Apphcation of Articles III, IV, and V of the Code of
Fair Competition for the Furniture Manufacturing Industry, approved
December 7, 1933, to all employees or contract workers engaged in
the weaving of chair seats and backs, by hand, made of cane, rattan
and other materials, where the work is done in the homes of such em-
ployees or contract workers; for a period of not less than sixty days,
pending the report of the Furniture Code Authority to the Adminis-
trator concerning the question of home work as provided in Article
VI, Section 3 of the code, and hearing thereon and final determination
of the matter;
And the Assistant Deputy Administrator, who is the Administra-
tion Representative on the Code Authority for the Furniture Manufac-
turing Industry, having rendered his report of said petition, together
with his recommendations and findings witli respect thereto, and he
having found that the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, will be furthered by the grant-
ing of such petition:
NOW, THEREFORE, I, Hugh S. Johnson, Administrator for
Industrial Recovery, pursuant to the authority vested in me under
Title I of the National Industrial Recovery Act, approved June 16,
1933, and by virtue of executive orders thereunder issued by the
President, and pursuant to the provisions of the Executive Order
dated July 15, 1933, authorizing me to exercise such functions as are
vested in the President by Title I of the National Industrial Recovery
Act, with certain exceptions; it appearing to me on the basis of the
showing made that Petitioners will be placed at a disadvantage with
non-assenters to the Code if a stay is not granted, and that failure to
grant an immediate stay will create such an uncertain situation that
sales will be prevented until after hearing and final determination,
and in order that there may be equality of treatment:
The apphcation of Articles III, IV, and V of the Code of P'air Com-
petition for the Furniture Manufacturing Industr}^, to all employees
or contract workers of petitioners' members engaged in the weaving
of chair seats and backs, by hand, made of cane, rattan and other
materials, where the work is done in the homes of such employees or
775
contract workers, is HEREBY STAYED, pending the report of the
Furniture Code Authority to me concerning the question of home work
as provided in Article VI, Section 3 of the Code, and hearing thereon
and final determination of the matter by me.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Recommended:
Clarence R. Niklason,
Assistant Deputy Administrator.
Recommended :
Barton W. Murray,
Deputy Administrator.
Recommended:
Malcolm Muir,
Division Administrator.
Date: January 12, 1934.
776
ADMINISTRATIVE ORDER No. 151-5
Temporary Relief from Certain Unfair Competitive Con-
ditions IN THE Millinery Industry
It appears that competitive conditions are affected by the pro-
visions of Article IV, Section 3 of the Code of Fair Competition of
the above named industry approved by the President of the United
States on December 15, 1933, and that justice therefore requires the
relief from the provisions of this Section and from the conditions
imposed by it as herein specified.
NOW, THEREFORE, 1, Hugh S. Johnson, Administrator for
Industrial Recovery, on the unanimous recommendation of the
Milhnery Industry Code Authority pursuant to the powers and
functions delegated to me by the President of the United States and
of the National Industrial Recovery Act approved June 16, 1933,
HEREBY ORDER, as to the operation of Article IV, Section 3
of the Code of Fair Competition of this Industry, that the members
of this Industry be and they are hereby granted exception and ex-
emption from the provisions of the Section hereinabove mentioned
up to and including January 13, 1934 and thereafter until a deter-
mination of the issue and further order by me. Provided, however,
that during the period of such exception and exemption, the members
of this Industry and the Millinery industry Code Authority shall
present to the special board, appointed by me, in compliance with
Section 2 of the Executive Order of the approval of the aforementioned
Code, such facts and circumstances as are necessary to enable this
board to determine whether the scales applying to a particular area,
market, or member of the Industry should be stayed or modified
because of great and unusual hardship to such area, market, or mem-
ber of the Industry by reason of the application of such scales thereto.
Hugh S. Johnson,
Administrator J or Industrial Recovery.
Approval recommended by:
A. D. Whiteside,
Division Administrator.
January 12, 1934.
777
ADMINISTRATIVE ORDER NO. 1-35
CODE OF FAIR COMPETITION FOR THE COTTON TEXTILE
INDUSTRY
Regulations for Registration of Machinery and Filing of Monthly
Reports in the Finishing, Thread Manufacturing and Yarn Mercer-
izing Branches of the Industry
The Cotton Textile Industry Committee, in accordance with Sec-
tion VI of the Code of Fair Competition for the Cotton Textile Indus-
try, has submitted for my approval the following recommendations:
"1. The inventory of productive machinery in place and under
contract required by Section (1) of the supplementary provision to
the Code of Fair Competition for the Cotton Textile Industry relating
to the registration of productive machinery and the installation of
additional productive macliinery, approved October 1, shall be stated
as to the Finisliing, Thread Manufacturing and Yarn Mercerizing
Branches of the Industry as of November 13, 1933, the time at which
such supplementary'^ provision became applicable to those branches by
amendments to such Code.
"2. The monthly reports required to be filed by said branches of
the Industry by Section (2) of such supplementary provision shall
cover periods beginning December 1, 1933, instead of October 1,
1933."
Pursuant to the authority vested in me by said Section VI of the
Code I hereby approve said recommendations and order that they
become effective as part of the Code.
This order shall become effective ten (10) days after the effective
date hereof unless prior to that time cause to the contrary shall have
been shown to the Administrator.
Hugh S, Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Leo Wolman.
Nelson Slater.
George Sloan.
January 15, 1934.
778
ADMINISTRATIVE ORDER NO. X-3
Administrator's Order Prescribing Rules and Regulations
Concerning Labels Bearing Emblems or Imsignia of the
National Recovery Administration
Pursuant to the authority vested in me by Executive Orders and
othen\-ise, I, Hugh S. Johnson, Administrator for Industrial Recovery,
do hereby prescribe the following rules and regulations concerning
labels which bear emblems or insignia of the National Recovery
Administration and the issuance of said labels by certain code
authorities:
(1) In industries in which a code authority has been or shall here-
after be granted the exclusive right and authority to prepare, issue
or furnish or cause to be prepared, issued, or furnished to members of
the respective industry, labels bearing emblems or insignia of the
National Recovery Administration, said code authority shall not
refuse the issuance of labels to an appUcant on the ground of non-
comphance unless said code authority is, at the time of the refusal,
prepared to certif}^ to the National Recover}' Administration a prima
facie case of non-comphance \\'ith the code or with valid rules and
regulations of the code authority by the applicant.
(2) In the event said code authority so refuses the issuance of said
labels, a complete file showing the alleged non-compliance by the
applicant shall be certified not later than the day following said
refusal to the National Recovery Administration for action by the
National Comphance Director.
(3) All other refusals of the issuance of labels shall immediately
be certified to the National Recovery Administration with a complete
file showing the grounds for said refusal.
(4) This order shall be efl^ective today.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
A. D. Whiteside,
Divisional Administrator.
January 17, 1934.
779
ADMINISTRATIVE ORDER NO. 60-16
CODE OF FAIR COMPETITION FOR THE RETAIL TRADE
ORDER XO. 60-16
Exception to Provisions of Article V, Sections 4(d) and 6 for Purpose of
Taking Inventory
Pursuant to Article X, Section 6, of the Code of Fair Competition
for the Retail Trade, approved by the President October 21, 1933, and
upon the recommendation of the National Retail Code Authority
made after consideration of the requests submitted by the Controllers '
Congress of the National Retail Dry Goods Association and by
numerous individual retailers ; and upon finding that certain provisions
of said Code impose an undue hardship upon certain retailers, I hereby
grant the following exception to the provisions of Article V, Sections
4(d) and 6 of said Code:
AR retailers governed by the Code of Fair Competition for the
Retail Trade are hereby permitted, for the purpose of taking a Jan-
uary or February 1934 inventory only, to work such employees as are
especially skilled, any number of hours on any days in the week or
weeks selected as peak-period-weeks under said Article V Section 4(d),
without regard to the consecutive hour provisions of said Article V,
Section 6; provided, however,
(1) That the maximum weekly employee hours permitted for such
peak-period-weeks shall not be exceeded; and
(2) That time and one-half shall be paid for any hours worked in
excess of the maximum daily hours permitted in such peak-period-
weeks.
Tliis order shall become effective Friday, January 19, 1934 at noon
unless cause to the contrary shall before that time be shown to the
Administrator for Industrial Recovery, Department of Commerce
Building, Washington, D. C.
Hugh S. Johnson,
Administrator for Industricd Recovery.
Approval recommended:
A. D. Whiteside, by: H. B. Ludlum, Jr.,
Divisional Administrator. Deputy Administrator.
Dated: Jan. 18, 1934.
780
ADMINISTRATIVE ORDER NO. 128-4
CODE OF FAIR COMPETITION FOR THE CEMENT INDUSTRY
ORDER NO. 128-4
Exemption and Exception of Members of the Cement Industry from
Certain Provisions op Article XI
A Code of Fair Competition for the Cement Industry was approved
by the President on November 27, 1933.
Applications having been duly made by interested parties for an
exception to, exemption from and modification of the provisions of
Article XI of the said Code, hearings having been held thereon on the
15th and 16th days of January, 1934, the Deputy Administrator
having rendered his report and recommendations thereon, which
report and recommendations are hereby adopted and approved, and
it appearing to me that conditions and circumstances indicate that
Sections 1,2, 3, 5, 6, 7, 8 and 9 of the said Article XI require modifica-
tion in order to effectuate the policy and provisions of Title I of the
National Industrial Recovery Act;
NOW, THEREFORE, I, Hugh S. Johnson, pursuant to the author-
ity vested in me bj'^ the provisions of Article XI of the said Code, and
by the Executive Orders dated July 15, 1933, and December 30, 1933,
and otherwise, hereby exempt and except aU members of the Cement
Industry from the operation of the aforesaid Sections of Article XI
of the said Code until such time as the Code Authority for the Cement
Industry submits for my approval modification of the aforesaid
Sections and until such time as such modifications, after due notice
and hearing, have been approved by me.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Exemption and exception recommended:
W. A. Harriman,
Division Administrator.
Barton W. Murray,
Deputy Administrator.
January 23, 1934.
781
ADMINISTRATIVE ORDER NO. 1-40
EMERGENCY REQUIREMENT AS TO FURTHER LIMITATION OF
HOURS OF PRINTING MACHINE OPERATION IN THE FINISH-
ING BRANCH OF THE COTTON TEXTILE INDUSTRY
Pursuant to the recommendation of the Cotton Textile Code
Authority under Section VI of the Cotton Textile Code approved
by the Administrator December 1, 1933 providing for temporary
changes in the Umitation of hours of operation of productive ma-
chinery to meet particular conditions arising in particular groups of
the Industry:
It is required that, for the month of February, printing machinery
shall not operate for more than 75% of the hours otherwise permitted
by the Cotton Textile Code; provided that such period may be
shortened by the Code Authority with the concurrence of the Gov-
ernment representatives thereon, or that such restrictions of hours
of operation may likewise be reduced at any time during the period
as changing conditions may warrant.
The Cotton Textilie Industry Committee,
Code Authority under the Code of Fair Competition
for the Cotton Textile Industry.
By Geo. A. Sloan, Chairman.
The foregoing requirement is concurred in January 23, 1934.
Hugh S. Johnson,
Leo Wolman,
H. N. Slater, by G.S.,
Government Representatives on the Cotton Textile Industry
Committee, Code Authority under the Code oj Fair Com-
petition for the Cotton Textile Industry.
782
ADMINISTRATIVE ORDER NO. X-4
Order Granting Limited Exemption from Provisions of Codes
OF Fair Competition in Connection with Sales to Hospitals
An application having been duly made on behalf of hospitals of
the United States which are supported by public subscription or
endowment and not operated for profit, requesting that an exemption
be granted to those members of industries subject to Codes of Fair
Competition approved under Title I of the National Industrial
Recovery Act, who sell or may sell supplies or materials to such insti-
tutions, from provisions of such Codes governing sales, in order that
sales of supplies and materials to such institutions may be made at
such prices and upon such terms and conditions as may be mutually
agreed upon by the parties thereto, and; it appearing to me that such
an exemption is in furtherance of the public interest and will tend
to effectuate the policy of said Title of said Act.
Pursuant to authority delegated to me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, it is hereby ordered that those members of industries subject
to Codes of Fair Competition who sell or may sell supplies or materials
to hospitals of the United States which are supported by pubhc sub-
scription or endowment, and not operated for profit, within the limi-
tations hereinafter provided, be and they are hereby exempted from
compliance with provisions of such Codes governing sales provided,
however, that the exemption hereby granted shall be limited to and
operative only in connection with such sales made by such members
to such institutions ; that notliing in tliis Order contained shall relieve
any such member at any time from the duty of complying with all
other provisions of such Codes ; and that tliis Order shall not become
effective for a period of ten (10) days in order that consideration may
be given to the objections, if any, of interested parties thereto. At
the expiration of such period this Order shall be come effective unless
I, by my further Order, otherwise determine.
Hugh S. Johnson,
Administrator Jor Industrial Recovery.
Approval recommended:
A. D. Whiteside,
Division Administrator.
Washington, D.C.
January 23, 1934.
783
ADMINISTRATIVE ORDER NO. 1-42
MODIFICATION OF EMERGENCY REQUIREMENT AS TO LIMITA-
TION OF HOURS OF MACHINE OPERATION IN THE CARDED
YARN GROUP OF THE COTTON TEXTILE INDUSTRY
Pursuant to the recommendation of the Cotton Textile Code Au-
thority under Section VI of the Cotton Textile Code, approved hy the
Administrator December 1. 1933, providing for procedure for tempo-
rary changes in the limitation of hours of operation of productive
machinery to meet particular conditions arising in particular groups
of the Industry, the emergency requirement as to limitation of hours
of macliine operation in the Carded Yarn Group of the Cotton Textile
Industry, dated December 18, 1933, is hereby modified, such modifi-
cation to become effective January 29, 1934, and it is required that:'
For a period of four weeks, beginning January 29, 1934, and ending
February 24, 1934, spinning spindles in the Cotton Textile Industry,
wherever located, operating on the production of any type of carded
yarn for sale as such, with the single exception of spindles producing
yarn for eventual use in the manufacture of rubber tires (all such
spindles comprising the productive machinery of the Carded Yarn
Group of the Industry), shall not be operated in excess of sixty hours
each in any week during such periods; provided that the above period
may be shortened or such restriction of hours of operation may be
reduced bj' the Code Authority Avith the concurrence of the Govern-
ment representatives thereon, at any time during the period as chang-
ing conditions may w^arrant. It is further required that, during the
period when such temporary limitation is in force, no weaving mill,
combed yarn mill or knitting mill, shall operate spindles in the pro-
duction of any t3^pe of carded yarn for sale as such which were ndt
employed in spinning carded yarn for such sale at some time during
the ninety days prior to December 1, 1933.
Until January 29, 1934, the date that the foregoing requirement
shall be effective, the emergency requirement as to limitation of hours
of machine operation in the Carded Yarn Group of the Cotton Tex-
tile Industry, dated December 18, 1933, and effective January 1, 1934,
shall continue in full force and effect.
The Cotton Textile Industry Committee,
Code Authority under the Code of Fair Competition
for the Cotton Textile Industry.
By Geo. A. Sloan, Chairman.
The foregoing requirement is concurred in, January 23, 1934.
Hugh S. Johnson,
Leo Wolman,
H. N. Slater, by G. S.
Government Representatives on the Cotton Textile Industry
Committee, Code Authority under the Code of Fair
Competition for the Cotton Textile Industry.
784
ADMINISTRATIVE ORDER NO. 1-41
EMERGENCY REQUIREMENT AS TO TEMPORARY LIMITATION OF
HOURS OF MACHINE OPERATION IN THE WIDE BED SHEETING
GROUP OF THE COTTON TEXTILE INDUSTRY
Pursuant to the recommendation of the Cotton Textile Code
Authority under Section VI of the Cotton Textile Code, approved by
the Administrator December 1, 1933, providing for procedure for tem-
porary changes in the limitation of hours of operation of productive
machinery to meet particular conditions arising in particular groups
of the Industry, it is required that —
For a period of twelve weeks, beginning January 29, 1934, and
ending April 21, 1934, no mill in the Cotton Textile Industry, wherever
located, shall operate looms forty-five inches or wider for the pro-
duction of wide sheetings for immediate or ultimate use for bed
sheets or pillow cases a total number of loom hours in excess of 75%
of the total number of loom hours otherwise permissible for such
productive machinery under Section III of the Cotton Textile Code
as approved by the President on July 16, 1933, provided that the
above period may be shortened or that such restriction of hours of
operation may be reduced by the Code Authority with the concur-
rence of the Government representative thereon, at any time during
the period as changing conditions may warrant. It is further required
that no mill which has not, for a period of ninety days prior to January
5, 1934, operated looms forty-five inches or wider for the production
of wide sheetings for immediate or ultimate use for bed sheets or
pillow cases, shall engage in such operations and such production
during the aforementioned period of twelve weeks, beginning January
29, 1934 and ending April 21, 1934.
The Cotton Textile Industry Committee,
Code Authority under the Code of Fair Competition for
the Cotton Textile Industry.
By Geo. A. Sloan, Chairman.
The foregoing requirement is concurred in, January 23, 1934.
Hugh S. Johnson,
Administrator.
Leo Wolman,
H. Nelson Slater, G.S.,
Government Eejyresentatives on the Cotton Textile Industry
Committee, Code Authority under the Code of Fair Com-
yetition for the Cotton Textile Industry.
785
ADMINISTRATIVE ORDER NO. 118-15
Temporary Relief from Certain Unfair Competitive Condi-
tions IN THE Cotton Garment Industry — No. 118-15
It appears that competitive conditions are affected by the pro-
visions of Article XI, Section (b) of the Code of Fair Competition for
the above named Industry approved by the President of the United
States on November 17, 1933, and that justice therefrom requires
relief from the provisions of this Section and from the conditions
imposed bv it as herein specified.
NOW, THEREFORE, I, Hugh S. Johnson, Administrator for
Industrial Recovery, on the unanimous recommendation of the Cotton
Garment Code Authority and pursuant to the powers and functions
delegated to me by the President of the United States under the
National Industrial Recoverv Act approved June 16, 1933,
HEREBY ORDER that^as to the operations of Section (b) of
Article XI of the Code of Fair Competition for this Industry, the
members of this Industry be and they are hereby granted exception
and exemption from the provisions of the Section hereinabove men-
tioned up to and including February 1, 1934. Provided, however,
that during the period of such exception and exemption, the members
of this Industry shall make formal application to the Cotton Garment
Code Authority for proper classification, and, further, it is hereby
ordered that the Cotton Garment Code Authority shall investigate
and present to the Administrator all facts necessary to properly inter-
pret and define the above mentioned Section.
Hugh S. Johnson,
Administrator.
Approval recommended:
A. D. Whiteside,
Division Administrator.
By H. B. Ludlum, Jr.
Washington, D.C.
January 27, 1934-
786
ADMINISTRATIVE ORDER NO. 1-45
EMERGENCY REQUIREMENTS AS TO FURTHER LIMITATIONS OF
MACHINERY OPERATION IN THE FINE GOODS GROUP OF THE
COTTON TEXTILE INDUSTRY
Pursuant to the recommendation of the Cotton Textile Code
Authority under Section VI of the Cotton Textile Code, approved by
the Administrator December 1, 1933, providing for procedure for
temporary changes in the limitation of hours of operation of produc-
tive machinery to meet particular conditions arising in particular
Groups of the Industry —
It is required that all Fine Goods mills shall suspend operations on
all looms on Fine Cotton Goods for three days in February and three
days in March, such days to be interpreted as full working days of
not less than a single shift of eight hours, if any mill is operating on a
single-shift basis, and not less than two shifts of a total of sixteen
hours, if on a two-shift basis, and the time so lost shall not be made
up by any method ; that 300 looms in each mill are exempted from this
requirement and that a legal holiday may be included as a working
day for the purpose of this requirement.
The mills to which the foregoing requirement applies are those
which, as a rule, have been known to the Cotton-Textile Institute as
Fine Goods mills; it shall also apply to all fabrics made ^\dth warps
finer than 32 's and/or filUngs finer than 43 's.
Cotton Textile Industry Committee,
Code Authority under the Code of Fair Competition
Jor the Cotton Textile Industry,
By Geo. A. Sloan, Chairman.
The foregoing requirements are concurred in Jan. 29, 1934.
Hugh S. Johnson,
Administrator.
Leo Wolman,
H. N. Slater, G. S.,
Government representatives on the Cotton Textile Industry
Committee, Code Authority under the Code of Fair Com-
petition jor the Cotton Textile Industry.
INDEX
INDEX
Code
No.
Industry
189
155
240
65
55
111
137
112
237
Administration:
Appointment of Administrator as member of
each Code Authority
Appointment of Hugh S. Johnson, Admin-
istrator
Authority granted to Administrator to stay
application of Codes if petition is made with-
in 10 days after effective date
Authorization of Administrator to Appoint
Personnel, Fix Compensations, and Conduct
Hearings
Authorizing Administrator to modify agree-
ments entered into or approved by the Pres-
ident under Title I of the National Industrial
Recovery Act
Delegation of certain functions and powers to
Secretary of Agriculture
Establishment and use of Official N.R.A. Bul-
letin Board
Government contractors must comply with
approved Codes of Fair Competition
Granting limited exemption from provisions of
Codes of Fair Competition in connection
with sales to Hospitals
Rules and regulations concerning labels bear-
ing Emblems or Insignia of the N.R.A
Administration of the Petroleum Industry given to
Secretary of the Interior
Abrasives, Coated
Acetylene, Oxy
Act, Providing for notice of proceedings and matter
in the administration of the National Industrial
Recovery
Administration, Providing for notice of proceedings
and matters in the — of the National Industrial
Recovery Act
Administrative approval of Industrial Sand Divi-
sion of the Crushed Stone, Sand and Gravel, and
Slag Industries
Administrator, Authorization of — to appoint per-
sonnel, fix compensations and conduct hearings^- .
Administrator, Delegating further functions and
powers to the — for Industrial Recovery
Advertising Display Installation
Advertising Specialty Manufacturing
Air, Compressed
Air Transport
Air, Warm-Furnace Manufacturing
All-Cotton Clothing Linings Division — See (Cotton
Textile Supplement, No. 1).
All-metal Insect Screen
Allocation of states to the southern division under
the Cotton Garment Industry
Alloy Casting
Aluminum Permanent Mold Castings Supplement
Ambulance, Funeral Vehicle and (Supplement to
Automobile Mfg.)
Volume
9-29-33
6-16-33
7-15-33
7-15-33
11-23-33
6-26-33
1-6-34
8-10-33
1-23-34
1-17-34
8-29-33
12-30-33
12-15-33
12-21-33
12-21-33
12-27-33
7-15-33
12-30-33
1-30-34
10-31-33
10-11-33
11-14-33
11-27-33
11-14-33
!
12-30-33 i
1-30-34 '
12-18-33 i
11-8-33 I
I
I
I
V
III
I
V
I
V
V
I
IV
IV
IV
IV
IV
V
IV
V
II
I
III
III
III
IV
V
IV
II
(787)
40121—34-
-10
788
Industry-
Amendments:
Automobile Manufacturing, No. 1
Automobile Manufacturing, No. 2
Bankers, No. 1
Canning and Packing Machinery, No. 1
Cast Iron Soil Pipe, No. 1
Cotton Garment, No. 1
Cotton Textile, No. 1
Cotton Textile, No. 2
Farm Equipment, No. 1
Gasoline Pump Manufacturing, No. 1
Lace Manufacturing, No. 1
Lumber and Timber Products, Nos. 1 & 2
Lumber and Timber Products, Nos. 3 & 4
Men's Clothing, No. 1
Men's Clothing, No. 2
Men's Garter, Suspender and Belt Manufac-
turing, No. 1
Oil Burner, No. 1
Plumbing Fixtures, No. 1
Retail Lumber, Lumber Products, Build-
ing Materials and Building Specialties,
No. 1
Shipbuilding and Ship-repairing, No. 1
Textile Bag, No. 1
Wall Paper Manufacturing, No. 1
Wool Textile, No. 1
Blankets Division
Carded Men's Wear Division
Carded Spinners Division
Carded Women's Wear Division
Combers Division
Cotton Warps Division
Knitted Woolen goods division
Piece Goods Selling Division
Reworked Wool Divisioii
Topmakers Division
Wool Scourers & Carbonizers Division
Worsted Men's Wear Division
Worsted Spinners, Bradford System,
Division
Worsted Spinners, French System, Divi-
sion
Worsted Women's Wear Division
American Glassware
Automatic Glassware Division
Automatic Tumbler Glassware Division
Automobile Glassware Division
Blown Glassware Division
Blown Table Glassware Division
Glassware Cutting and Decorating Division...
Illuminating Glassware Division
Lamp Chimneys and Lantern Globes Division
Miscellaneous Glassware Division
Pressed Glassware Division
Scientific Glassware Division
Technical and Industrial Glassware Division..
American Match
American Petroleum Equipment
Anti-Friction Bearing
Appliance, Cooking and Heating^ — Manufacturing.
Appliance, Railway Safety
12-18-33
1-8-34
1-22-34
1-27-34
12-18-33
12-18-33
11-8-33
12-27-33
12-21-33
12-21-33
12-23-33
10-9-33
12-7-33
12-15-33
12-18-33
1-27-34
10- 3-33
1-31-34
1-12-34
10-10-33
12-23-33
12-30-33
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-23-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
1-16-34
12-30-33
11-2-33
11-27-33
1-30-34
1-12-34
Volume
IV
V
V
V
IV
IV
II
IV
IV
IV
IV
I
IV
IV
IV
V
I
V
V
I
IV
IV
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
IV
II
III
V
V
789
Industry
fix
Appointment:
Central Statistical Board
Hugh S. Johnson as Administrator
Hugh S. Johnson to appoint personnel,
compensations, and conduct hearings
Hugh S. Johnson to serve temporarily as mem-
ber of each Code Authority
Arches, Suspended Walls and
Artificial Flower and Feather
Denial of Application for exemption by
Kaplan Bros
Asbestos
Ashes, Cinders, — , and Scavenger Trade
Asphalt and Mastic Tile
Asphalt Shingle and Roofing Manufacturing
Assembling, Porcelain Breakfast Furniture
Auto, Fabric — Equipment Division — See (Light
Sewng Industry Except Garments).
Automatic Glassware Division— See (American
Glassware) .
Automatic Sprinkler
Automatic Tumbler Glassware Division — See
(American Glassware).
Automobile Fabrics, Proofing and Backing Division
Automobile Glassware Division — See (American
Glassware) .
Automobile Manufacturing
Amendment, No. 1
Amendment, No. 2
Supplement No. 1 — Funeral and Ambulance
Subdivisions
Automotive Parts and Equipment Manufacturing.
Automotive, Wholesale — Trade
Auxiliary, Marine — Machinery
Bag, Banana and Dry Cleaner or Garment Deliv-
ery^— Division^ — See (Paper Bag Manufacturing).
Bag, Coffee — Division — See (Paper Bag Manu-
facturing) .
Bag, Glassin(
f acturing) .
Bag, Grocery
f acturing) .
Bag, Millinery and Notion — Division — See (Paper
Bag Manufacturing).
Bag, Paper — Manufacturing
Bag, Shopping — Division^ — See (Paper Bag Manu-
facturing) .
Bag, Wholly or Semi- Hand Made — Division —
See (Paper Bag Manufacturing).
Bag, Window Face — Division — See (Paper Bag
Manufacturing) .
Bag, Textile
Ball Clay Production
Banana and Dry Cleaner or Garment Delivery
Bag Division — See (Paper Bag Manufactur-
ing).
Bankers
Amendment, No. 1
Stay of effective date of Article VIII
Bankers, Investment
Banks, Mutual Savings
Barber Supplies, Beauty and — Division — See
(Wholesaling or Distributing Trade).
Date
Volume
-Division — See (Paper Bag Manu-
-Division — See (Paper Bag Manu-
7-27-33
6-16-33
7-15-33
9-29-33
12-18-33
9-18-33
11-4-33
11-1-33
12-30-33
12-7-33
11-6-33
1-30-34
10- 9-33
12-15-33
8-26-33
12-18-33
1-8-34
11-8-33
11-8-33
12-18-33
1-30-34
1-26-34
9-18-33
1-16-34
10-3-33
1-22-34
12-11-33
11-27-33
10-9-33
I
IV
I
II
II
IV
III
II
V
IV
I
IV
V
II
II
IV
V
I
V
I
V
IV
III
I
V 461
790
Industry
Basic Refractories
Battery, Electric Storage and Wet Primary
Bearing, Anti-Friction
Bearings, Railway Brass Car and Locomotive
Journal — and Castings Manufacturing
Beauty and Barber Supplies Division — See (Whole-
saling or Distributing Trade).
Bedding Manufacturing
Bedspreads, Novelty Curtain, Draperies, and
IS ovelty Pillow
Bed, Temporary limitation of hours of machine
operation in the Wide^ — Sheeting Group of the —
See (Cotton Textile Industry).
Beet Sugar (Labor Provisions)
Belt, Men's Garter, Suspender and — Manufactur-
ing— See (Men's Garter, Suspender and Belt
Manufacturing).
Belt, Women's
Bituminous Coal
Revision
Blackboard Slate Division — See (Slate).
Blankets Division — See (Wool Textile Amend-
ment, No. 1).
Blast Furnace Castings Supplement
Blind , Venetian
Block, End Grain Strip Wood
Block, Metal Hat Die and Wood Hat
Blouse and Skirt Manufacturing
Blower, Fan and
Blown Glassware Division— See (American Glass-
ware.)
Blown Table Glassware Division — See (American
Glassware) .
Board, Central Statistical — Appointment of
Board, Cork Bulletin and Display — Manufacturers
Division — See (Cork).
Boiler Manufacturing
Boiler, Steel Tubular and Fire Box
Bonding, High Temperature — Mortars Division. _
Boot and Shoe Manufacturing
Box, Folding Paper
Box, Set JJp Paper — Manufacturing
Bradford, Worsted Spinners — System Division —
See (Wool Textile Amendment, No. 1).
Braiding, Knitting — and Wire Covering Machine.
Braid, Milliner}' and Dress Trimming — and Textile
Brass, Copper and — -Mill Products
Brassiere, Corset and
Denial of application for exemption by Gem-
Dandy Garter Co
Brassiere, Corset, — and Allied Trades Fabrics
Division — See (Cotton Textile Supplement,
No. 1).
Brass, Railway — Car and Locomotive Journal
Bearings and Castings Manufacturing
Brass, Sanitary — Plumbing Fittings Division —
See (Plumbing Fixtures).
Breakfast Furniture, Porcelain — Assembling
Broadcasting, Radio
Buffing and Polishing Composition
Buff and Polishing Wheel
12-18-33
10-3-33
11-27-33
1-29-34
1-23-34
11-1-33
10-27-33
10-3-33
9-18-33
9-29-33
12-18-33
1-24-34
12-30-33
1-23-34
12-30-33
1-30-34
7-27-33
10-3-33
10-23-33
12-18-33
10-3-33
12-30-33
12-18-33
10-3-33
10-31-33
11-2-33
8-14-33
9-18-33
1-29-34
1-30-34
11-27-33
11-4-33
11-14-33
Volume
IV
I
III
V
II
II
IV
V
IV
V
IV
V
I
II
IV
I
IV
IV
I
II
II
I
V
III
II
II
791
Industrj'
Builders Supplies Trade
Temporary approval of method of determining
overhead costs for the — Trade
Building Materials, Retail Lumber, Lumber Prod-
ucts— and Building Specialties — See (Retail
Lumber, Lumber Products, Building Materials
and Building Specialties).
Building, Savings, — and Loan Associations
Bulletin, Cork — and Display Board Manufacturers
Division — See (Cork).
Bulletin, Establishments and use of Official
N.R.A.— Board
Burner, Oil
Amendment, No. 1
Business Furniture, Storage Equipment and Filing
Supply
Bus, Motor
Buttons Division — See (Wholesaling or Distributing
Trade) .
Buttons, Men's Wear — Division — See (Wholesaling
or Distributing Trade).
Can Manufacturers
Canning and Packing Machinery
Amendment, No. 1
Cap and Closure
Caps, Hats and — Division — See (Wholesaling or
Distributing Trade).
Carbonizers, Wool Scourers and — Division — See
(Wool Textile Amendment, No. 1).
Card Clothing
Carded Men's Wear Division — See (Wool Textile
Amendment, No. 1).
Carded Spinners Division — See (Wool Textile
Amendment, No. 1).
Carded Women's Wear Division— See (Wool Tex-
tile Amendment, No. 1).
Carded Yarn, Modification of emergency require-
ment as to limitation of hours of machine opera-
tion in the — Group of — See (Cotton Textile
Industry).
Carpet and Rug Manufacturing
Carpet, Covered — Padding Division — See (Light
Sewing Industry Except Garments).
Car, Railway Brass — and Locomotive Journal
Bearings and Castings Manufacturing
Case, Watch — Manufacturing
Castings, Alloy
Castings, Railway Brass Car and Locomotive Jour-
nal Bearings and — Manufacturing
Casting, Steel
Castings, Aluminum Permanent Mold — Supple-
ment
Castings, Blast Furnace — Supplement
Castings, Miscellaneous Non-Ferrous Sand — Sup-
plement
Castings, Steel and Rolling Mill — Supplement
Cast Iron, Enameled — Plumbing Fixtures Divi-
sion— See (Plumbing Fixtures).
Cast Iron Pressure Pipe
Cast Iron Soil Pipe
Amendment, No. 1
Date
10-3-33
1-8-34
12-21-33
1-6-34
9-18-33
10-3-33
11-4-33
10-31-33
12-15-33
10-31-33
1-27-34
10-20-33
1-23-34
1-12-34
1-29-34
12-23-33
1-30-34
1-29-34
11-2-33
12-18-33
12-18-33
12-18-33
12-18-33
12-30-33
9-7-33
12-18-33
Volume
I
V
IV
V
I
I
II
II
IV
II
V
II
V
IV
V
V
II
IV
IV
IV
IV
IV
I
IV
792
Industry
Caulking Compounds, Waterproofing, Dampproof-
ing and Concrete Floor Treatments Manufactur-
ing
Cement
Exemption of members from certain provisions
of Article XI for the — Industry, pending
modification
Temporary stay of Article XI for the — In-
dustry
Cement, Shoe and Leather Finish, Polish, and —
Manufacturing
Central Statistical Board, Appointment of
Certification, rule for — of Documents
Chain Hoist, Hand — iManufacturing — See (Fabri-
cated Metal Products Manufacturing and Metal
Finishing and Metal Coating).
Chain Manufacturing — See (Fabricated Metal Prod-
ucts Manufacturing and Metal Finishing and
Metal Coating).
Charcoal and Packaged Fuel Division — See (Whole-
saling or Distributing Trade).
Chewing Gum
Chimneys, Lamp — and Lantern Globes Division —
See (American Glassware).
China, Vitreous — Plumbing Fixtures Division —
See (Plumbing Fixtures).
Chinaware and Porcelain Manufacturing
Chromium Plate, Pewter — and Miscellaneous
Cigar Container
Cinders, Ashes, and Scavenger Trade
Clay , Ball — Production
Clay , Fire — Producers
Clay, Floor and Wall — Tile Manufacturing
Clay, Structural — Products
Clay, Vitrified — Sewer Pipe Manufacturing
Cleaner, Banana and Dry — or Garment Delivery
Bag Division — See (Paper Bag Manufacturing).
Cleaning and Dyeing Trade
Cleaning, Laundry and Dry — Machinery Manu-
facturing
Cleansing, Sanitary Napkin and — Tissue
Closure, Cap and
Cloth, Cotton — -Glove Manufacturing
Cloth, Hair — Manufacturing
Clothiers' Linings Division — See (Cotton Textile
Supplement, No. 1).
Clothing, All-Cotto n — ^ Linings — Division — ^See
(Cotton Textile Supplement, No. 1).
Clothing, Card
Clothing, Men's
Cloth, Stay of wage provisions for the Southern
Section under the Cotton — Glove Manufacturing.
Coal , Bituminous
Revision
Coat and Suit
Denial of application for exemption by Assoc,
Coat and Suit Manufacturers of Portland,
Oregon
Denial of application for exemption by Con-
necticut Garment Manufacturers Ass'n
11-27-33
11-27-33
1-23-34
1-5-34
12-30-33
7-27-33
11-18-33
1-30-34
11-27-33
III
12-23-33
IV
11-27-33
HI
12-30-33
IV
1-16-34
V
12-18-33
IV
11-4-33
11
11-27-33
111
11-27-33
HI
11-8-33
10-3-33
1-12-34
10-20-33
12-30-33
12-15-33
1-23-34
8-26-33
12-30-33
9-18-33
9-29-33
8-4-33
10-11-33
9-7-33
Volume
III
III
V
V
IV
I
III
II
I
V
II
IV
IV
V
I
IV
I
I
I
793
Industry
the
Coated Abrasives
Cock, Gas
Code Authority, Appointment of Administrator
to Serve on Each
Codes of Fair Competition, Regulations
Defining effect of certain provisions in
Codes upon cooperative organization
Granting limited exemption from provisions
of — in connection with sales to Hospitals
Coffee Bag Division— See (Paper Bag Manufac-
turing) .
Coin Operated Machine Manufacturing
Combed Thread, Temporary limitation of machine
operation of the — Producers Group in respect
of the production of Combed Yarn — See (Cotton
Textile Industry).
Combed Yarn, Temporary limitation of machine
operation of the Combed Thread Producers
Group in respect of the Production of- — See
(Cotton Textile Industry).
Combed Yarn, Temporary limitation of machine
operation of the Mercerizers Group in respect
of the production of — See (Cotton Textile
Industry).
Combers Division — See (Wool Textile Amend-
ment, No. 1).
Comfortable Division — See (Light Sewing In-
dustry except Garments). .
Commercial bribery provisions to oe included in
codes heretofore approved
Commercial Refrigerator
Compensations, Authorization of Administrator to
appoint personnel, fix — and conduct hearings
Compliance by Government Contractors with
Approved Code of Fair Competition
Composition, Buffing and Polishing
Compositions, Cork — and Cork Specialties Manu-
facturers Division — See (Cork).
Compressed Air
Concrete Masonry
Concrete Pipe Manufacturing
Construction
Construction Machinery Distributing Trade
Container, Cigar
Container, Glass
Converting, Cotton — See (Cotton Textile).
Cooking and Heating Appliance Manufacturing
Cooperative Organizations, Defining Effect of Pro-
visions
Copper and Brass Mill Products
Cordage and Twine, Modifying Agreement of July
27, 1933 -•
Cordage and Twine, temporarilv placed under
Cotton Textile 1
Cordage, Twine and — Division — See (Wholesaling
or Distributing Trade).
Cork
Cork Bulletin and Display Board Manufac-
turers Division
Cork Composition and Cork Specialties Manu-
facturers Division
Cork Floor Tile Manufacturers Division
Cork Insulation Manufacturers Division
Cork Marine Goods Manufacturers Division. _
Cork Stopper Manufacturers Division
Date
12-30-33
10-31-33
9-29-33
7-15-33
10-23-33
1-23-34
1-23-34
Volume
IV
II
I
I
II
V
Page
649
157
732
713
698
782
435
11-27-33
III
12-23-33
IV
7-15-33
V
8-10-33
I
11-4-33
II
10-11-33
I
11-27-33
III
12-30-33
IV
1-31-34
V
1-23-34
V
11-27-33
III
10-3-33
I
1-30-34
V
10-3-33
I
11-2-33
II
10-20-33
II
7-27-33
I
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V !
659
441
763
729
501
653
407
497
649
369
433
457
549
699
289
695
725
45
45
45
45
45
45
45
794
Code
No.
187
118
Industry
Corset and Brassiere
Denial of application for exemption by Gem-
Dandy Garter Co
Corset, Brassiere, and Allied Trades Fabrics Divi-
sion— See (Cotton Textile Supplement, No. 1).
Costs, Temporary approval of method of deter-
mining overhead — for — See (Buildings Supplies
Trade).
Costs, Temporary- modification of method of com-
puting— for — See (Retail Lumber, Lumber Prod-
ucts, Building Materials and Building Special-
ties Industry).
Cotton, All — Clothing Linings Division — See (Cot-
ton Textile Supplement, No. 1).
Cotton Cloth Glove Manufacturing
Cotton Cloth Glove, Stay of wage provisions for the
Southern Section under the — Manufacturing
Cotton Converting — See (Cotton Textile).
Cotton Garment
Amendment, No. 1
Allocation of States to the southern division
under the — Industry
Stay for the Dress Manufacturing Industry
and — Industry
Temporary relief under Article XI, Section (b)
for the— Industry
Cotton, Temporary placing of — Thread Industry
under the Cotton Textile
Cotton Textile
Amendment, No. 1
Amendment, No. 2
Cordage and Twine, temporarily placed under.
Cotton Thread Industry, Temporary placing
under
Denial of application for exemption by Ala-
bama Mills Co I
Denial of application for exemption by Crystal
Springs Bleachery
Denial of application for exemption bv D\\ight
Mfg ■_
Denial of application for exemption from
Cotton Textile Indus! ry
Disapproval of exception and termination of
stay under the code of fair competition for
the — Industry
Emergency requirement as to further limita-
tion of hours of machine operation in Carded
Yarn Group of the — Industry
Emergency requirement as to furtlier limita-
tion of hours of printing machine operation
in the Finishing Branch of the — Industry
Extending termination date of stay limiting
machine hours in Cotton Textile Industry..
Extension of stay limiting ^Mn chine Hours in
Cotton Textile Industry as applying to
rubber tire yarns
Furtlier limitation of hours of Printing machine
operation in the Finishing Branch of the —
Industry
Further limitation of machinery operation in
the Fine Goods Group of the — Industry
Garment Manufacturer temporarily placed
under
Date
8-14-33
9-18-33
12-30-33
12-30-33
11-17-33
12-18-33
12-30-33
12-14-33
1-27-34
7-16-33
7-9-33
11-8-33
12-27-33
7-27-33
7-16-33
8-4-33
8-4-33
8-4-33
12-4-33
11-6-33
12-15-33
Volume
I
I
IV
IV
III
IV
IV
IV
V
I
I
II
IV
I
I
I
I
I
III
IV
IV
12-18-33
IV
11-27-33
III
11-13-33
II
1-23-34
V
1-29-34
V
7-26-33
I
795
hours for the — In-
Cotton Textile — Continued.
Limitation of machine
dustry
Modification of emergency recjuirement as to
limitation of hours of machine operation in
the Carded Yarn Group of the— Industry
Pajama Mfgrs., Temporarily placed under
Rayon Weaving Industry, Temporary placing
under
Regulations for registration of machinery and
filing of monthly reports in Finishing, Thread
Manufacturing and Yarn Mercerizing
Branches of the — Industry
Silk Industry, Temporary placing under
Stay of code provisions as to productive ma-
chinery operation for the — Industry
Supplement, No. 1, for Cotton Converting
All-Cotton Clothing Linings Division
Clothiers' Linings Division
Corset, Brassiere, & Allied Trades Fab-
rics Division
Curtain & Drapery Fabrics Division
Interlinings Division
Shirtings Division
Wash Goods Division
Temporary limitation of hours of machine op-
eration in the Wide Bed Sheeting Group of
the — Industry
Temporary limitation of hours of machine op-
eration in the Combed Sales Yarn Group of
the — Industrj'
Temporary limitation of machine operation of
the Combed Thread Producers Group of
the — Industry in respect of the production
of Combed Yarn
Temporary' limitation of machine operation of
the Mercerizers Group of the — Industry in
respect of the production of Combed Yarn..
Throwing Industry, Temporary placing under __
Cotton Warps Division — See (Wool Textile Amend-
ment, No. 1).
Covered Carpet Padding Division — See (Light
Sewing Industrj- Except Garments;.
Covering, Floor — Division — See (Wholesaling or
Distributing Trade).
Cover, Mattress — Division — See (Light Sewing
Industry except Garments).
Crane, Shovel , Dragline and
Crown Manufacturing
Crucible, Plumbago
Crushed Stone, Sand and Gravel, and Slag
Administrative Approval of Industrial Sand
Division of the
Crusher, Rock — Manufacturing
Curtailment of machine hours for the Silk Textile
Industry
Curtain and Drapery Fabrics Division — See (Cot-
ton Textile Supplement, No. 1).
Cutting, Glassware — and Decorating Division —
See (American Glassware).
Curtain, Nottingham Lace
Curtain, Novelty — Draperies, Bedspreads, and
Novelty Pillow
12-2-33
1-23-34
7-26-33
7-14-33
1-15-34
7-15-33
7-30-33
1-24-34
1-24^34
1-24-34
1-24-34
1-24-34
1-24-34
1-24-34
1-24-34
1-23-34
1-10-34
1-10-34
1-10-34
7-14-33
11-8-33
11-1-33
10-23-33
11-10-33
12-27-33
11-1-33
12-23-33
11-1-33
11-1-33
IV
V
I
V
V
V
V
V
693
783
723
19
777
20
IV 691
V I 713
V 720
V I 718
719
721
724
722
723
V 784
771
V 772
V 773
I 1 20
II 563
II 243
II 67
II i 641
IV 707
II 231
IV 705
II 253
II 263
796
Code
No.
Industry
Date
Volume
Page
Cycle Jobbers Division — See (Wholesaling or Dis-
tributing Trade).
140
Dampproofing, Waterproofing — Caulking Com-
pounds, and Concrete Floor Treatments Manu-
facturing
11-27-33
III
497
Decorating, Glassware Cutting and — Division —
See (American Glassware).
Decorative Fabrics, Upholstery and — Division —
See (Wholesaling or Distributing Trade).
Defining Effect of certain provisions in the Codes
of Fair Competition upon Cooperative Organiza-
tions
10-23-33
II
698
Definition of areas, hours, and wages for the Dress
Manufacturing Industry
12-14-33
IV
697
Delegating further functions and powers to the
Administrator for Industrial Recovery
12-30-33
IV
689
Delegation of certain functions and powers to Sec-
retary of Agriculture
6-26-33
I
712
Delivery, Banana and Dry Cleaner or Garment —
Bag Division — See (Paper Bag Manufacturing).
Denial of Applications for Exemptions:
Alabama Mills Co. from the Cotton Textile
Industry
8-4-33
I
728
Association Cloak and Suit Manufacturers of
Portland, Oreg., from the Coat and Suit In-
dustry
10-11-33
I
735
Connecticut Garment Manufacturers Assn.
from the Coat and Suit Industry
9-7-33
I
731
Cotton Textile Industry from "Machine
Hours" on tire yarns and fabrics
11-6-33
II
702
Crystal Springs Bleachery from the Cotton
Textile Industry
8-4-33
I
726
Dwight Manufacturing Co. from the Cotton
Textile Industry
8-4-33
I
727
Gem-Dandy Garter Company from the Corset
and Brassiere Industry
9-18-33
I
732
Greensboro Lumber Company I'rom the Lum-
ber & Timber Products Industry
10-20-33
II
696
Kaplan Brothers from Artificial Flower and
Feather Industry
11-4-33
12-4-33
1-22-34
1-23-34
1-30-34
II
III
V
V
V
701
Cotton Textile Industry
661
217
Dental Laboratory
283
221
Die, Metal Hat— and Wood Hat Block
347
240
Display, Advertising — Installation
601
Display Board, Cork Bulletin and — Manufacturers
Division — See (Cork).
59
Devices, Marking
10-20-33
11-17-33
II
III
13
122
Die, Special Tool — and Machine Shop
187
Disapproval of exception and termination of stay
under the code of fair competition for the Cotton
Textile Industry
11-6-33
11-10-33
IV
II
685
110
Distillation, Hardwood
661
223
Distributing, Construction Machinery — Trade
1-23-34
V
369
176
Distributing, Paper — Trade
12-23-33
IV
375
201
Distributing, Wholesaling or — Trade
1-12-34
V
69
61
Distributors, Industrial Supplies and Machinery
Trade
10-23-33
11-18-33
II
III
47
Documents, prescribing rules for certification of
656
162
Domestic Freight Forwarding
12-18-33
IV
175
171
Door, Rolling Steel
12-21-33
IV
297
102
Dragline, Shovel — and Crane
11-8-33
II
563
8
Dramatic, Legitimate Full Length — and Musical
Theatrical
8-16-33
I
81
797
Code
No.
79
212
231
64
Industry
Date
Volume I Page
Draperies, Noveltv Curtain — Bedspreads and
Novelty PUlow
Drapery and Upholster}' Trimming
Drapery, Curtain and — Fabrics Division — See
(Cotton Textile Supplement, No. 1).
Drapery, Upholstery and — Textile — See (Up-
holstery and Drapery Textile).
Dressings, Surgical
Dress Manufacturing
Definition of areas, hours and wages for the —
Industry
Stay for the — Industry and Cotton Garment
Industry
Dress, Millinerv and — Trimming Braid and
Textile I
Drug, Retail — Trade
Drug store. Stay of minimum wage provisions as to
outside salesmen and— delivery employees for
the Retail Trade
Dry and Polishing Mop Manufacturing
Dry, Banana and — Cleaner or Garment Delivery
Bag Division^ (See Paper Bag Manufacturing).
Dry Cleaning, Laundry and — Machinery Manu-
facturing
Dry Goods Division— See (Wholesaling or Dis-
tributing Trade).
Dyeing, Cleaning and — Trade
Dyeing, Rayon and Silk — and Printing
Dyeing, Silk and Rayon — and Printing Industry:
Temporarj^ Code Approved
Effective, Stay of — date of Article VIII for Bankers
Elect, Further extension of time for curtain manu-
facturers to — not to be bound under the code of
fair competition for the Upholstery and Drapery
Textile Industry
Electrical Manufacturing
Electrical, Structural, and — Division — See (Slate).
Electrical Supplies Division — See (Wholesaling or
Distributing Trade).
Electric Industrial Truck Manufacturing — See
(Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating).
Electric Storage and Wet Primary Battery
Electrotyping and Stereotyping
Emblems, Rules and regulations concerning labels
bearing — or Insignia of the N.R.A
Embroidery and Lace Division — See (Wholesaling
or Distributing Trade).
Emergency requirement as to further limitation of
hours of machine operation in Carded Yarn
Group of the Cotton Textile Industry
Emergency requirement as to further limitation of
hours of printing machine operation in the Fin-
ishing Branch of the Cotton Textile Industry —
Empty Picture Frame Division — See (Picture
Moulding and Picture Frame).
Enameled Cast Iron Plumbing Fixtures Division —
See (Plumbing Fixtures).
End Grain Strip Wood Block
Engraving, Photo
Envelope
Equipment, Automotive Parts and — Machinery' —
Equipment, Business Furniture, Storage — and
Filing Supply
11-1-33
1-16-34
1-27-34 I
10-31-33 I
12-14-33
12-14-33
10-21-33
10-21-33
11-8-33
12-15-33
10-3-33
11-8-33
12-21-33
7-22-33 i
12-11-33
10-3-33
12-23-33
1-17-34
12-15-33
12-18-33
12-30-33
12-23-33
1-23-34
11-8-33
11-4-33
II ; 263
V : 225
V
II
IV
IV
II
II
485
77
697
699
149
27
IV 692
IV 141
437
II 547
IV ! 311
I 718
IV : 696
12-11-33 IV 686
8-4-33 I - 43
I 499
IV , 415
778
IV 703
IV
704
IV oil
IV 429
V 331
II 599
II 383
798
Code
No.
39
139
89
85
197
158
Industry
Equipment, Fabric Auto — Division— See (Light
Sewing Industry Except Garments).
Equipment, Farm
Equipment, Machine Tool and Distributors
Equipment, Office — Manufacturers
Equipment, Petroleum — Industry and Trade
(American)
Equipment, Retail Farm — Trade
Equipment, Stone Finishing Machinery and
Establishment and use of Official N.R.A. Bulletin
Board
Excelsior and Excelsior Products
Exception, Disapproval of- — and termination of
staA' under the code of fair competition for the
Cotton Textile Industry
Exception, Temporarj^ — for members under Article
V, Section 4 (d) and 6— See (Retail Trade).
Exchange, Stock — Firms
Exemption, Granting limited — from provisions of
Codes of Fair Competition in connection with
sales to Hospitals
Exemption of members from certain provisions of
Article XI for the Cement Industry, pending
Modification
Exemptions from the President's Reemployment
Agreement of employers in towns less than 2,500
in population
Extension, Further — of time for certain manufac-
turers to elect not to be bound under the code of
fair competition for the Upholstery and Drapery
Textile Industry
Extension of stay for Underwear and Allied Prod-
ucts Manufacturing Industry
Extension of termination date of Stay limiting ma-
chine hours in Cotton Textile Industry as apply-
ing to rubber-tire yarn
Extension of termination date of stay limiting
machine hours in Cotton Textile Industry
Extension of the effective date of codes of fair com-
petition for the Retail Trade
Extinguishing, Fire — Appliance Manufacturing
Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating
Supplement, No. 1, for Metallic Wall Structure
Industrial Subdivision
Supplement, No. 2, for Hand Chain Hoist Mfg.
Supplement, No. 3, for Chain Manufacturing..
Supplement, No. 4, for Electric Industrial
Truck Manufacturing
Fabricating, Reinforcing Materials
Fabric Auto Equipment Division — See (Light
Sewing Industry Except Garments).
Fabrics, Automobile — Proofing and Backing Divi-
sion.
Fabrics, Corset, Brassiere, and Allied Trades —
Division — See (Cotton Textile Supplement, No.
Fabrics, Curtain and Drapery — Division — See
(Cotton Textile Supplement, No. 1).
Fabrics, Upholstery and Decorative — Division —
See (Wholesaling or Distributing Trade).
Fabric, Slit — Manufacturing
Date
Volume
10-3-33
I
11-27-33
III
11-4-33
II
11-2-33
II
1-6-34
V
12-15-33
IV
1-6-34
12-7-33
11-6-33
11-4-33
1-23-34
1-23-34
10-23-33
12-11-33
10-20-33
11-13-33
11-27-33
11-27-33
11-4-33
11-2-33
1-10-34
1-30-34
1-31-34
1-31-34
11-27-33
12-15-33
V
III
IV
II
V
V
II
IV
II
III
III
III
II
II
V
V
V
V
III
IV
1-16-34
Page
489
485
413
339
17
129
768
565
685
481
782
780'
699
686
697
655
658
660
511
327
703
727
739
751
285
84
245
799
Code
No.
industry
Date
Volume
Page
Face, Window — Bag Division — See (Paper Bag
Manufacturing).
'>3S
Fan and Blower ___ _ ..
1-30-34
10-3-33
V
I
575
39
Farm Equipment _
489
Amendment, No. 1
12-21-33
IV
657
197
Farm, Retail— Equipment Trade . .
1-6-34
V
17
243
Fastener, Slide. __ _ . . .-.
1-31-34
V
635
29
Feather, Artificial Flower and
9-18-33
I
381
206
Feldspar. . .
1-16-34
V
153
30
Felt Base, Linoleum and — Manufacturers
9-18-33
I
389
73
Felt, Hair and Jute
10-31-33
II
199
143
Felt, Wool — Manufacturing
11-27-33
III
535
67
Fertilizer ...__-
10-31-33
II
119
88
Filing, Business Furniture, Storage Equipment
and — Supply
11- 4-33
II
383
Fine Goods, Further limitation of machinery opera-
tion in the — Group of — See (Cotton Textile In-
dustry) .
Finished Moulding Diyision — See (Picture Mould-
ing and Picture Frame).
Finishing Branch, Emergency requirement as to
further limitation of hours of printing machine
operation in the — of the Cotton Textile Industry.
12-18-33
IV
704
84
Finishing, Fabricating Metal Products Mfctg. and
Metal—, and Metal Coating
11- 2-33
II
327
Finishing, Further limitation of hours of Printing
machine operation in the— Branch of — See
(Cotton Textile Industry).
Finishing, Regulations for registration of machinery
and filing of monthly reports in — Thread Manu-
facturing and Yarn Mercerizing Branches of —
See (Cotton Textile Industry).
158
Finishing, Stone — Machinery and Equipment
Finishing, Textile — , temporarih^ placed under
12-15-33
IV
129
Cotton Textile Industry
7-21-33
I
716
184
Finish, Shoe and Leather — , Polish and Cement
Manufacturing
12-30-33
IV
485
62
Firebox, Steel Tubular and — Boiler
10-23-33
II
57
Fire Clay Producers -
12-18-33
12-18-33
IV
IV
255
Fire Clay Refractories Diyision
255
98
Fire Extinguishing Appliance Manufacturing
11-4-33
II
511
108
Fire, Motor — Apparatus Manufacturing __ ._ __
11-8-33
II
629
95
Firms, Stock Exchange
11-4-33
II
481
13
Fishing Tackle
Fitted Picture Frame Division — See (Picture Mould-
ing and Picture Frame).
Fittings, Sanitary Brass Plumbing — Division —
See (Plumbing Fixtures).
8-19-33
I
217
153
Fittings, Valve and — Manufacturing
Fixtures, Enameled Cast Iron Plumbing — Divi-
sion— See (Plumbing Fixtures).
Fixtures, Plumbing — See (Plumbing Fixtures).
Fixtures, Vitreous China Plumbing — Division —
See (Plumbing Fixtures).
12-15-33
IV
29
Flatwear, Hotelware — and Hollow Ware
12-23-33
IV
389
Flatware, Plated -- -
12-23-33
12-23-33
11-4-33
IV
IV
II
389
Flatware, Sterling - . _ _ -
389
92
Floor and Wall Clav Tile Manufacturing
443
Floor Covering Division — See (Wholesaling or
Distributing Trade).
224
Floor, Furniture and — Wax and Polish _
1-23-34
12-15-33
V
IV
381
Flooring, Rubber — Division
88
800
Floor Tile, Cork — Manufacturers Division — See
(Cork).
Floor, Waterproofing, Dampproofing, Caulking
Compounds and Concrete — Treatments Manu-
facturing
Flower, Artificial — and Feather
Folding Paper Box
Food, Retail — and Grocery Trade
Retail — and Grocery Trade Labor Provisions-
Wholesale — and Grocery Trade Labor Provi-
sions
Food, Wholesale — and Grocery Trade
Footwear, Rubber — Division
Forging, Machine Tool and — Machinery
Foundry, Non-Ferrous
Frame, Empty Picture — Division — See (Picture
Moulding and Picture Frame).
Frame, Fitted Picture — Division — See (Picture
Moulding and Picture Frame).
Frame, Metal and Metal — Division — See (Picture
Moulding and Picture Frame).
Frame, Picture Moulding and Picture
French Worsted Spinners — System, Division —
See (Wool Textile Amendment, No. L).
Fuel, Charcoal and Packaged — Division — See
(Wholesaling or Distributing Trade).
Functions, Delegating further — and powers to the
Administrator for Industrial Recovery
Funeral Supply
Funeral Vehicle, Supplement to Automobile Manu-
facturing
Fur Dressing and Fur Dyeing
Furnace, Blast— Castings Supplement
Furance, Warm Air — Manufacturing
Furniture and Floor Wax and Polish
Furniture, Business — Storage Equipment and Filing
Supplies
Furniture Manufacturing
Furniture Manufacturing — Temporary stay of
Articles III, IV, and V for the — -Industry
Furniture, Porcelain Breakfast — Assembling
Furriers' Supplies Division — See (Wholesaling or
Distributing Trade).
Further extension of time for certain manufacturers
to elect not to be bound under the code of fair
competition for the Upholstery and Drapery Tex-
tile Industry
Further limitation of hours of Printing Machine op-
eration in the Finishing Branch of the Cotton
Textile Industry
Further limitation of machinery operation in the
Fine Goods Group of the Cotton Textile Industry.
Fur Trapping Contractors
Garment, Allocation of States to the Southern divi-
sion under the Cotton — Industry
Garment, Banana, and Dry Cleaner or — Delivery
Bag Division — See (Paper Bag Manufacturing).
Garment, Cotton
Garment Manufacturers, temporarily place under
Cotton Textile Industry
Garments, Light Sewing Industry Except
Garments, Notion, Thread and Women's — Divi-
sion— See (Wholesaling or Distributing Trade).
11-27-33
III
9-18-33
I
12-30-33
IV
12-30-38
IV
11-15-33
III
11-15-33
III
1-4-34
V
12-15-33
IV
11-8-33
II
12-18-33
IV
1-16-34
12-30-33
11-4-33
11-8-33
12-18-33
12-18-33
11-27-33
1-23-34
11-4-33
12-7-33
1-12-34
1-30-34
12-11-33
1-23-34
1-29-34
12-15-33
12-20-33
11-17-33
7-26-33
1-23-34
IV
II
II
IV
IV
III
V
II
III
V
V
IV
V
IV
IV
III
I
V
801
Industry
Garment, Stay for the Dress Manufacturing Indus-
trj' and Cotton — Industrj'
Garment, Woolen and Trimming — Supplies Divi-
sion— See (Wholesaling or Distributing Trade).
Garter, Men's — Suspender and Belt Manufactur-
ing— See (Men's Garter, Suspender, and Belt
Manufacturing).
Gas Appliance and Apparatus
Gas Cock
Gas, Liquefied
Gasoline Pump Manufacturing
Amendment, No. 1
Gear Manufacturing
Glass Container
Glass House Refractories
Glassine Bag Division — See (Paper Bag Manufac-
turing) .
Glassware, American
Glassware, Automatic — Division — See (American
Glassware) .
Glassware, Automatic Tumbler — Division — See
(American Glassware) .
Glassware, Automobile — Division — See (American
Glassware) .
Glassware, Blown — Division — See (American Glass-
ware) .
Glassware, Blown Table — Division — See (American
Glassware) .
Glassware, Cutting & Decorating Division— See
(Amierican Glassware).
Glassware, Illuminating — Division — See (American
Glassware) .
Glassware, Miscellaneous — Division — See (Ameri-
can Glassware).
Glassware, Pressed — Division — See (American
Glassware) .
Glassware, Scientific — Division — See (American
Glassware) .
Glassware, Technical and Industrial — Division —
See (American Glassware).
Globes, Lamp Chimneys and Lantern — Division —
See (American Glassware).
Glove, Cotton Cloth — Manufacturing
Glove, Leather and Woolen Knit
Glove, stay of wage provisions for the Southern
Section under the Cotton Cloth — Manufacturing
Industry
Glove, Temporar}^ hours modification for the Leath-
er and Wool Knit — Industry
Glycerine, Soap and — Manufacturing
Goods, Further limitation of machinery operation
in the Fine — Group of — See (Cotton Textile
Industry) .
Goods, Luggage and Fancy Leather
Goods, Mechanical Rubber — Division
Goods, Wash — Division — See (Cotton Textile Sup-
plement, No. 1).
Granting limited exemption from provisions of
Codes of Fair Competition in connection with
sales to Hospitals
Gravel, Crushed Stone, Sand and — , and Slag
Date
12-14-33
Volume
IV
11-27-33
III
10-31-33
II
11-8-33
II
9-18-33
I
12-21-33
IV
11-14-33 I
III
10-3-33
I
12-18-33 1
IV
1-16-34
12-30-33
11-4-33 I
12-30-33
12-6-33
11-2-33
10-3-33
12-15-33
1-23-34
11-10-33
IV
II
IV
IV
II
I
IV
V
II
802
Industry
Gravel, Administrative approval of Industrial
Sand Division of the Crushed Stone, Sand and — ,
and Slag Industries
Grinding Wheel
Grocery Bag Division — See (Paper Bag Mfg.).
Grocery, Retail Food and — ^Trade
Grocery, Retail Food and — Trade Labor Provi-
sions
Grocery, Wholesale Food and — ^Trade
Grocery, Wholesale Food and — Trade Labor Pro-
visions
Gum, Chewing
Hair and Jute Felt
Hair Cloth Manufacturing
Hand Chain Hoist Manufacturing — See (Fabri-
cated Metal Products Manufacturing and Metal
Finishing and Metal Coating).
Handkerchief
Hand Made Bag, Wholly or Semi — Division —
See (Paper Bag Manufacturing).
Hard Rubber Division __:
Hardware Division — See (Wholesaling or Dis-
tributing Trade).
Hardwood Distillation
Hat Die, Metal — arid Wood Hat Block
Hats and Caps Division — See (Wholesaling or Dis-
tributing Trade).
Hearings, Authorization of Administrator to ap-
point personnel, fix compensations and conduct..
Heat Exchange
Heating, Cooking and — Appliance Manufacturing.
Heel and Sole Division
High Temperature Bonding Mortars Division
Hoist, Hand Chain — Manufacturing — See (Fabri-
cated Metal Products Manufacturing and Metal
Finishing and Metal Coating).
Hollow Ware, Hotelware, Flatware and
HoUow Ware, Plated
Hollow Ware, Sterling
Hosiery
Hosiery Manufacturers, temporary code approved.
Hosiery, Temporary changes of Article IV for the —
Industry
Hospitals, Granting limited exemption from pro-
visions of Codes of Fair Competition in connec-
tion with sales to
Hotel.
Stay for the — Industry
Hotel, Stay of wage-hours provisions for the — In-
dustry
Hotelware, Flatwear, and Hollow Ware
Hot Top, Ladle and — Refractories
Hours, Further limitation of — of Printing Machine
operation in the Finishing Branch of — See (Cot-
ton Textile Industry) .
Hours, Limitation of machine — for the Cotton Tex-
tile Industry
Hours, Modification of emergency requirement as to
limitation of — of machine operation in the Carded
Yarn Group of — See (Cotton Textile Industry) .
Hours, Stay of Wage — provisions for the Hotel
Industry
Date, 1933-34
12-27-33
12-21-33
12-30-33
11-15-33
1-4-34
11-15-33
1-30-34
10-31-33
12-15-33
10-9-33
12-15-33
11-10-33
1-23-34
7-15-33
10-11-33
1-30-34
12-15-33
12-18-33
12-23-33
12-23-33
12-23-33
8-26-33
7-26-33
12-14-33
1-23-34
11-17-33
12-29-33
12-2-33
12-23-33
12-18-33
12-2-33
12-2-33
Volume
Page
IV
IV
IV
III
V
III
V
II
IV
I
IV
II
V
V
I
V
IV
IV
IV
IV
IV
I
I
IV
V
III
IV
IV
IV
IV
IV
IV
707
287
457
633
1
803
Code
No.
Industry
Date
Volume
Page
Hours, Temporary limitation of — of machine opera-
tion in the Combed Sales Yarn Group of — See
(Cotton Textile Industry).
Hours, Temporary limitation of — of machine opera-
tion in the Wide Bed Sheeting Group of — See
(Cotton Textile Industry).
Hours, Temporary — modification for the Leather
and Woolen Knit Glove Industry
12-6-33
12-30-33
IV
IV
695
183
Household Ice Refrigerator
473
43
Ice
10-3-33
12-30-33
I
IV
529
183
Ice, Household — Refrigerator
473
Illuminating Glassware Division — See (American
Glassware) .
Industrial Glassware, Technical and — Division —
See (American Glassware).
Industrial Recovery, Delegating further fimctions
and powers to the administrator for
12-30-33
IV
689
Industrial Recovery, Providing for notice of pro-
ceedings and matters in the administration of the
National — Act
12-21-33
IV
687
Industrial Sand Division, Administrative approval
of — of the Crushed Stone, Sand and Gravel, and
Slag Industries
12-27-33
IV
707
Industrial Subdivision, Metallic Wall Structure —
See (Fabricated Metal Products Manufacturing
and Metal Finishing and Metal Coating).
61
Industrial Supplies and Machinerv Distributors
Trade "_
10-23-33
II
47
173
Industry Engaged in the Smelting and Refining of
Secondary Metals into Brass and Bronze Alloys
in Ingot Form
12-21-33
IV
325
Information, providing for submission of Statistics
by Persons subject to Codes of Fair Competition-
12-7-33
III
662
112
Insect, All-Metal — Screen
1 1-4-33
1-30-34
III
V
9
240
Installation, Advertising Display
601
Insulation, Cork — Manufacturers Division — See
(Cork).
Interlinings Division — See (Cotton Textile Supple-
plement. No. 1.)
International Association of Garment Manufactur-
ers temporarily placed under Cotton Textile In-
dustr J'
7-26-33
11-27-33
8-19-33
12-30-33
I
III
I
IV
722
141
Investment Bankers
509
11
Iron and Steel
171
192
Iron, Cast — Pressure Pipe
579
18
Iron, Cast — Soil Pipe
9-7-33
I
259
Iron, Enameled Cast — Plumbing Fixtures Divi-
sion— See (Plumbing Fixtures).
93
Iron, Washing and — Machine Manufacturing
11-4-33
II
461
132
Iron, Malleable
11-27-33
III
393
Jewelry Division — See (Wholesaling or Distribut-
ing Trade).
175
Jewelry, Medium, and Low Priced — Manufactur-
ing
12-23-33
IV
355
Jewel rv, Men's Novelty — Divi.sion — See (Whole-
saling or Distributing Trade).
130
.lewelry. Precious — Producing
11-27-33
III
365
142
Jewelry, Retail — Trade
11-27-33
III
517
Jobbers, Cycle — Division — See (Wholesahng or
Distributing Trade).
Johnson, General Hugh S., Appointment as Admin-
istrator
6-16-33
I
711
Appointment as member of each Code Author-
ity
9-29-33
I
733
40121- -Si-
ll
804
Industry
Journal Bearings, Railway Brass Car and Locomo-
tive— and Castings Manufacturing
Jute, Hair and — Felt
Knit, Leather and Woolen — Glove
Knitted Woolen Goods Division — See (Wool Tex-
tile Amendment, No. 1).
Knit, Temporary hours modification for the Lea-
ther and Woolen — Glove Industry
Knitted Outerwear
Knitting, Braiding and Wire Covering Machinery. _
Labels, Rules and regulations concerning — bearing
Emblems or Insignia of the N.R.A
Laboratory , Dental
Laboratory, Motion Picture
Labor Provisions:
Beet Sugar
Retail Food and Grocery Trade
Wholesale Food and Grocery Trade
Lace, Embroidery and — Division — See (Whole-
saling or Distributing Trade).
Lace Manufacturing
Amendment, No. 1
Lace, Nottingham — Curtain
Lacquer, Paint, Varnish and — Mfctg
Ladder Manufacturing
Ladle and Hot top Refractories
Lamp Chimneys & Lantern Globes Division — See
(American Glassware).
Laundry and Dry Cleaning Machinery Manufac-
turing
Leather and Woolen Knit Glove
Leather and Woolen Knit Glove, Temporary hours
modification for the — Industry
Leather Industry
Leather, Luggage and Fancy — Goods
Leather, Shoe and — Finish, Polish, and Cement
Manufacturing
Legitimate Full-Length Dramatic and Musical
Theatrical
Light Sewing Industry Except Garments
Comfortable Division
Covered Carpet Padding Division
Fabric Auto Equipment Division
Mattress Cover Division
Motor Robe Division
Quilting Division
Table Pad Division
Lime
Limestone
Limitation, Emergency requirement as to further —
of hours of machine operation in Carded Yarn
Group of the Cotton Textile Industry
Limitation, Emergency requirement as to further —
hours of printing machine operation in the
Finishing Branch of the Cotton Textile Industry
Limitation, Further — of hours of Printing Machine
operation in the Finishing Branch of — See (Cot-
ton Textile Industr}').
Limitation, Further — of machinery operation in
the Fine Goods Group of — See (Cotton Textile
Industry) .
Date
Volume
1-29-34
V
10-31-33
II
11-4-33
II
12-6-33
IV
12-18-33
IV
10-3-33
I
1-17-34
V
1-22-34
V
9-7-33
I
10-27-33
II
11-15-33
III
11-15-33
III
8-14-33
I
12-23-33
IV
11-1-33
II
10-31-33
II
11-8-33
II
12-18-33
IV
10-3-33
I
11-4-33
II
12-6-33
IV
9-7-33
I
10-3-33
I
12-30-33
IV
8-16-33
I
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
10-3-33
I
11-14-33
III
12-15-33
IV
12-18-33
IV
511
199
367
805
Code
No.
Industry Date Volume
30
104
169
233
175
42
9
234
228
32
144
Page
693
Limitation, Modification of emergency Require-
ment as to — of hours of machine operation in the
Carded Yarn Group of — See (Cotton Textile
Industry).
Limitation of machine hours for the Cotton Textile
Industry ; 12-2-33 I IV
Limitation, Temporary — of hours of machine oper-
ation in the Combed Sales Yarn Group of — See
(Cotton Textile Industry).
Limitation, Temporary— of hours of machine oper-
ation in the Wide Bed Sheeting Group of — See
(Cotton Textile Industry).
Limitation, Temporary — of naachine operation of
the Combed Thread Producers Group in respect
of the production of Combed Yarn — See (Cotton
Textile Industry).
Limitation, Temporary — of machine operation of
the Mercerizers Group in respect of the produc-
tion of Combed Yarn — See (Cotton Textile In-
dustr}-) .
Linings, All-Cotton Clothing — Division — See (Cot-
ton Textile Supplement, No. 1).
Linings, Clothiers' — Division — See (Cotton Textile
Supplement, No. 1).
Linoleum and Felt Base Manufacturers
Liquefied Gas
Loan, Savings, Building and — Associations
Locomotive Arch Refractories
Locomotive, Railway Brass Car and — Journal
Bearings and Castings Manufacturing
Low, Medium and — Priced Jewelry Manufacturing.
Luggage and Fancy Leather Goods
Lumber and Timber Products
Amendments, 1 & 2
Amendments, 3 & 4
Denial of application for exemption bv Greens-
boro Lumber Co ■ I 10-20-33 Ii , 696
Lumber Products, Retail Lumber — Building Mate-
rials and Building Specialties — See (Retail
Lumber, Lumber Products, Building Materials
and Building Specialties).
Macaroni 1-29-34 V 521
Machine, Coin Operated — Manufacturing 1-23-34 V 435
Machine, Further limitation of hours of printing —
operation in the Finishing Branch of — See
(Cotton Textile Industry).
Machine hours. Curtailment of — for the Silk Tex-
tile Industry 12-23-33 IV 705
Machine, Knitting, Braiding, and Wire Covering 10-3-33 I 411
Machine, Modification of emergency requirement
as to limitation of hours of — operation in the
Carded Yarn Group of — See (Cotton Textile
Industry).
Machine operation, Emergency requirement as to
further limitation of hours of— in Carded Yarn | '
Group of the Cotton Textile Industry 12-15-33 IV 703
Machine operation. Emergency requirement as to
further limitation of hours of j)rinting- — in the \ i
Finishing Branch of the Cotton Tt.xtile Industry.., 12-18-33 | IV 704
Machine, Paper Making — Builders 12-7-33 i III 543
Machinery, Canning and Packing — See (Canning
and Packing Machinery).
9-18-33
I
389
11-8-33
II
587
12-21-33
IV
279
12-18-33
IV
255
1-29-34
V
511
12-23-33
IV
355
10-3-33
I
519
8-19-33
I
95
10-9-33
I
705
12-7-33
IV
633
806
Code
No.
Industry
Machinen^ Construction — Distributing Trade
Machinery, Further limitation of — operation in the
Fine Goods Group of — See (Cotton Textile
IndustrjO .
Machinery, Marine Auxiliary
Machinery, Regulations of registration of — and
filing of monthly reports in Finishing, Thread
Manufacturing, and Yarn Mercerizing Branch
of — See (Cotton Textile Industry) .
Machinery, Stay of Code provisions as to pro-
ductive— operation for the Cotton Textile
Industry
Machine, Temporary limitation of hours of — opera-
tion in the Combed Sales Yarn Group of — See
(Cotton Textile Industry).
Machine, Temporary limitation of hours of — opera-
tion in the Wide Bed Sheeting Group of — See
(Cotton Textile Industry).
Machine, Temporary limitation of — operation of
the Combed Thread Producers Group in respect
of the production of Combed Yarn — See (Cotton
Textile Industry).
Machine, Temporary limitation of — operation of
the Mercerizers Group in respect of the produc-
tion of Combed Yarn — See (Cotton Textile
Industry).
Machine Shop, Special Tool, Die and
Machine Tool & Equipment Distributing Trade
Machine Tool and Forging Machinery
Machine, Washing and Ironing — Manufacturing
Machined Waste Manufacturing
Machinery, Industrial Supplies and — Distributors
Trade .1
Machinery, Packaging — Industry and Trade
Machinery, Road — Manufacturing
Machinery , Textile
Malleable Iron
Marine Auxiliarj^ Machinery
Marine Goods, Cork — Manufacturers Division —
See (Cork).
Marking Devices
Masonry , Concrete
Mastic Tile, Asphalt and
Match, American
Mattress Cover Division — See (Light Sewing In-
dustry Except Garments).
Mechanical Rubber Goods Division
Medium and Low Priced Jewelry Manufacturing..
Men's Clothing
Amendment, No. 1
Amendment, No. 2
Men's Garter, Suspender and Belt
Amendment, No. 1
Men's Novelty Jewelry Division — See (Wholesaling
or Distributing Trade).
Men's Wear Buttons Division — See (Wholesaling
or Distributing Trade).
Men's Wear, Carded — Division — See (Wool Tex-
tile Amendment, No. 1).
Men's Wear, Worsted — Division — See (Wool Tex-
tile Amendment, No. 1).
Date
1-23-34
1-30-34
7-30-33
11-17-33
11-27-33
11-8-33
11-4-33
12-7-33
10-23-33
10-31-33
10-31-33
10-3-33
11-27-33
1-30-34
10-20-33
11-27-33
12-7-33
12-30-33
12-15-33
12-23-33
8-26-33
12-15-33
12-18-33
11-4-33
1-27-34
Volume
V
IV
III
III
II
II
III
II
II
II
I
III
V
II
III
III
IV
IV
IV
I
IV
IV
II
V
Page
369
625
691
187
485
577
461
607
47
187
137
449
393
625
13
407
617
621
104
355
229
637
649
471
695
807
Industry
Mercerizers, Temporary limitation of machine op-
eration of the-T-Group in ce^pect of the prpduc-
tion of Combed Yarn — See (Cotton Textile
Industry).
Mercerizing, Regulations for registration of ma-
chinery and filing of monthly reports in Finish-
ing, Thread Manufacturing and Yarn — Branches
of — See (Cotton Textile Industry).
Merchandise, Musical — Manufacturing
Merchandise Warehousing Trade
Metal and Metal Frame Division — See (Picture
Moulding and Picture Frame).
Metal, Fabricated — Products Manufacturing and
Metal Finishing and Metal Coating
Metal Frame, Metal and — Division — See (Picture
Moulding and Picture Frame).
Metal Hat Die and Wood Hat Block
Metallic Wall Structure Industrial Subdivision —
See (Fabricated Metal Products Manufacturing
& Metal Finishing and Metal Coating).
Metal, Sheet — Division — See (Wholesaling or Dis-
tributing Trade).
Metals, Smelting and Refining of Secondary — Into
Brass and Bronze Alloys in Ingot Form
Metal Tank
Metal Window
Mill, Copper and Brass — Products
Millinery
Temporary stay of Article IV, Section 3 for
the — Industry
MiUinery and Dress Trimming Braid and Textile.
Millinery and Notion Bag Division — See (Paper
Bag Manufacturing).
Milling, Raw Peanut
Mill, Steel and Rolling — Castings Supplement
Miscellaneous Glassware Division — See (American
Glassware) .
Miscellaneous Non-Ferrous Sand Castings Supple-
ment
Miscellaneous, Pewter, Chromium Plate and
Modifications:
Exemption of members from certain provisions
of Article XI, pending — See (Cement In-
dustry) .
Of Emergency requirement as to limitation of
hours of machine operation in the Carded
Yarn Group of the Cotton Textile Industrj-..
Of Executive Order of July 27, 1933, placing
the Cordage and Twine Industry temporarily
under Cotton Textile Industry
Of President's Reemployment Agreement
Temporary hours — for the Leather and
Woolen Knit Glove Industry
Temporary — of method of computing costs
for — See (Retail Lumber, Lumber Products,
Building Materials and Building Specialties
Industry) .
Mop, Dry and Polishing — Manufacturing
Mop Stick .
Mop, Wet — Manufacturing
Mortars, High Temperature Bonding— Division
Moth Proof Paper Products Division — See (Paper
Bag Manufacturing).
1-16-34
1-27-34
11-2-33
1-23-34
12-21-33
12-15-33
1-13-34
11-2-33
12-15-33
1-12-34
10-31-33
1-12-34
12-18-33
12-18-33
12-23-33
1-23-34
10-20-33
10-3-33
12-6-33
12-15-33
11-14-33
1-23-34
12-18-33
Volume
V
V
II
V
IV
IV
V
II
IV
V
II
V
IV
IV
IV
II
I
IV
IV
III
V
IV
Page
191
495
327
347
325
47
133
289
1
776
149
99
228
222
389
783
695
734
695
141
57
425
255
808
Industry
Motion Picture _ . _ ^.^ - . - 1 -. J:.!;.L'i:4. i'^^.3>!:::;_:,-uii.i.. ._!,•;,
Motion Picture Laboratory _•__■
Motor Bus - - .: - _^-- ^y-— _ ^ _•- - . .
Motor Fire Apparatus Manufacturing
Motor Robe Division — See (Light Sewing Industry
Except Garments).
Motor Vehicle Retailing Trade . _ v
Motor Vehicle Storage and Parking Trade
Moulding, Finished— Division — See (Picture
Moulding and Picture Frame).
Moulding, Picture- — and Picture Frame ._-.
Moulding, Raw — Division — See (Picture Mould-
ing and Picture Frame). •
Musical, Legitimate Full Length Dramatic and- —
Theatrical ......
Musical Merchandise Manufacturing
Mutual Savings Banks . ---^__.
Napkin, Sanitary — and Cleansing Tissue
National Industrial Recovery Act
Providing for notice of proceedings and mat-
ters in the administration of the
Administration of
Authorizing Administrator to modify agree-
ments entered into or approved by the Pres-
ident under Title I of the
Exemption from the President's Reemploy-
ment Agreement of employers in towns less
than 2,500 population
Procedure to be followed for tariff relief under
section 3 (E) of the
Establishment and use of Official — Bulletin
Board
Rules and regulations concerning labels bear-
ing Emblems or Insignia of the
Newsprint
Nipple, Pipe — Manufacturing
Non-Ferrous Foundry
Non-Ferrous, Miscellaneous — Sand Castings Sup-
plement
Notion, Millinery and — Bag Division- — See (Paper
Bag Manufacturing).
Notion, Thread & Women's Garments Division —
See (Wholesaling or Distributing Trade).
Nottingham Lace Curtain
Novelties, Plated Toiletware and
Novelties, Sterhng
Novelty Curtains, Draperies, Bedspreads and
Novelty Pillow
Novelty Jewelry, Men's — Division — See (Whole-
saling or Distributing Trade).
Nozzle, Sleeve — , and Runner Brick and Tuyeres.
Office Equipment Manufacturers
Official, Establishment and use of — N.R.A. Bul-
letin Board
Oil— See (Petroleum).
Oil Burner
Amendment, No. 1
Optical Manufacturing
Organ, Pipe
Outerwear, Knitted
Overhead costs. Temporary approval of method of
determining — for — See (Buildings Supply Trade).
11-27-33
9-7-33
10-31-33
11-8-33
10-3-33
12-7-33
1-16-34
11-1-33
12-23-33
12-23-33
11-1-33
12-18-33
11-4-33
1-6-34
9-18-33
10-3-33
10-9-33
1-16-34
12-18-33
III
I
II
II
I
III
8-16-33
1-16-34
10-9-33
1-12-34
6-16-33
I
V
I
V
I
12-21-33
8-10-33
IV
I
11-22-33
III
10-23-33
II
10-23-33
II
1-6-34
V
1-17-34
11-17-33
11-27-33
12-18-33
V
III
III
IV
12-18-33
IV
II
IV
IV
II
IV 255
II 413
I
I
I
V
IV
809
Industry
Packaged Fuel, Charcoal and^Division^ — Sec
(Wholesaling or Distributing Trade).'
Packaging' Machinery •-
Packing, Canning and — Machinery — See (Canning
and Packing Machinery).
Padding, Covered CSrpet — Division — See ■ (Oght
Sewing Industry Except Garments).
Pad, Table — Division — See (Light Sewing Industry
Except Garments).
Paint, Varnish, and Lacquer Manufacturing- _
Pajama Manufacturers temj^orarily placed under
the Cotton Textile Industry -i- ■-_
Paper and Pulp ^V- J— ^
Paper Bag Manufacturing
Banana and Dry Cleaner or Garment Delivery
Bag Division _i.i-_'ii.
Coffee Bag Division__-_-_ — _ — .
Glassine Bag Division ._.. — ._.
Grocery Bag Division
Millinery and Notion Bag Division
Moth Proof Paper Products Division
Shopping Bag Division
Wholly or Semi-Hand Made Bag Division
Window-Face Bag Division
Paperboard Manufacturers
Paper Distributing Trade
Paper, Folding — Box
Paper Making Machine Builders
Paper, Moth Proof — Products Division — See
(Paper Bag Manufacturing).
Paper, Set Up — Box Manufacturing
Paper Stationery and Tablet Manufacturing
Paper, Wall — Division — See (Wholesaling or Dis-
tributing Trade).
Paper, Waxed
Parking Trade, Motor Vehicle Storage and
Parts, Automotive — and Equipment Manufactur-
ing
Peanut, Raw— Milling
Permanent Mold, Aluminum — Castings Supple-
ment
Personnel, Authorization of Administrator to ap-
point— , fix compensations and conduct hearings.
Petroleum
Administration given to Secretary of Interior,.-
Prohibition of Transportation of L^nlawful
Production
Prohibition of Transportation of Unlawful
Production
Petroleum Equipment Industry & Trade (American).
Pewter, Chromium Plate, and Miscellaneous
Photo-Engraving
Photographic Mfg
Piano Manufacturing
Picture Frame, Empty — Division — See (Picture
Moulding and Pictvire Frame).
Picture Frame, Fitted — Division — See (Picture
Moulding and Picture Frame).
Picture, Motion
Picture, Motion — Laboratory
Picture Moulding and Picture Frame
P^mpty Picture Frame Division
Finished Moulding Division
10-31-33
10-31-33
7-26-33
11-17-33
1-26-34 I
1-26-34 I
■ 1-26-34
1-26-34
1-26-34
1-26-34
-26-34
-26-34
-26-34
-26-34
11-8-33
12-23-33
12-30-33
12-7-33
12-18-33
12-30-33
12-18-33
12-7-33
11-8-33
1-12-34
12-18-33
7-15-33
8-19-33
8-29-33
7-11-33
7-14-33
11-2-33
12-23-33
12-23-33
8-19-33
11-4-33
11-27-33
9-7-33
1-16-34
1-16-34
1-16-34
II
ri
I
III
V
V
V
V
V
V
V
V
V
V
II
IV
IV
III
IV
IV
II
V
IV
187
169
723
115
461
475
476
477
478
479
480
481
483
482
537
375
591
543
243
559
IV 233
III 577
599
99
224
V 763
I 147
I 730
I 713
I I 714
II I 339
IV I 389
IV ! 429
I I 209
II I 435
III
215
I
299
V
175
V
175
V
175
810
PictuiR M'OTildifl^ and Pictuc^^rjune-^Con.
Fitted PictUi-e Frame Division—-. V
Metal, aad Metal- Ecaizxe Divisioa
Raw Moulding Division
Piece Goods Selling Division — See (Wool Textile
Amendment, No. 1).
Pillow, Novelty Curtain, Draperies, Bedispreads,
and Novelty
Pipe, Cast Iron Pressure
Pipe, Cast Iron Soil
Pipe, Concrete — Manufacturing
Pipe Nipple Mfg
Pipe Organ
Pipe, Smoking — Manufacturing
Pipe, Vitrified Clay Sewer — Mfg
Planning and Fair Practice Agency for Shipbuilding
and Ship repairing Industry
Plastic Refractories
Plated Flatware
Plated Hollow Ware
Plated Toiletware and Novelties
Playthings, Toy and
Plug, Wood- _ _■
Plumbago Cruicible
Plumbing, Enameled Cast Iron — Fixtures Divi-
sion— See (Plumbing Fixtures).
Plumbing Fixtures
Enameled Cast-Irou Plumbing Fixtures Divi-
sion
Sanitary Brass Plumbing Fittings Division
Sanitary Seats Division
Vitreous China Plumbing Fixtures Division ._
Amendment, No. 1
Polish, Furniture and Floor Wax and
Polisliing, Buffing and — Composition
Polishing, Dry and — Mop Manufacturing
Polishing Wheel, Buff and — Industry
Polish, Shoe and Leather Finish, — , and Cement
Manufacturing
Porcelain Breakfast Furniture Assembling
PorceLain, Cliinaware and — Manufacturing
Powder Puff
Powers, Delegating further functions and — to
the Administrator for Industrial Recovery
Precious Jewelry Producing
President's Reemployment Agreement exempting
employers in towns of less than 2,500 population
President's Reemployment Agreement Modifica-
tion
Pressed Glassware Division — See (American Glass-
ware) .
Pressure, Cast Iron — Pipe
Printer's Rollers
Printing, Emergency requirement as to further
limitation of hours of — machine operation in the
Finishing Branch of the Cotton Textile Industry.
Printing, Further limitation of hours of — Machine
operation in the Finishing Branch of — See (Cot-
ton Textile Industry).
Printing, Rayon & Silk Dying and
Printing, Silk and Rayon Dyeing and- — Industry,
temi)orary code api)royed
Date
Volume
1-16-34
V
1-16-34
V
1-16-34
V
11-1-33
II
12-30-33
IV
9-7-33
I
12-30-33
IV
11-27-33
III
1-16-34
V
1-23-34
V
11-27-33
III
9-22-33
I
12-18-33
IV
12-23-33
IV
12-23-33
IV
12-23-33
IV
11-4-33
II
11-14-33
III
10-23-33
II
1-13-34
V
1-13-34
V
1-13-34
V
1-13-34
V
1-13-34
V
1-31-34
V
1-23-34
V
11-4-33
II
12-15-33
IV
11-4-33
II
12-30-33
IV
1-30-34
V
11-27-33
III
1-17-34
V
12-30-33
IV
11-27-33
III
10-23-33
11
10-3-33
I
12-30-33
IV
11-8-33
II
12-18-33
IV
12-21-33
IV
7-22-33
I
811
Industry
173
168
181
183
127
Procedure to be followed for tariff relief under
Section 3 (e) ot Ihe National Industrial Recov-
erj- Act
Pfoceedings, Providing for notice of — and matters
in the administration of the National Indirstrial
Recovery Act
Processing, Taxtile
Productive machinery operation, Stay of Code
provisions as to — for the Cotton Textile In-
dustry
Proofing, Automobile Fabrics, — and Backing Di-
vision
Providing for notice of proceedings and matters in
the administration of the National Industrial
Recovery Act
Provisions, Exemption of members from certain —
of Article XI, pending modification — See (Ce-
ment Industry).
Provisions, Granting limited exemption from —
of Codes of Fair Competition in connection with
sales to Hospitals
PuflF, Powder
Pulp, Paper and
Pump, Gasoline — Manufacturing
Pump Manufacturing
Pyrotechnic Manufacturing
Quilting Division — See (Light Sewing Industry
Except Garments).
Radio Broadcasting
Radio Division — See (Wholesaling or Distributing
Trade) .
Railway Brass Car and Locomotive Journal Bear-
ings and Castings Manufacturing
Railway Safety Appliance
Rainwear Division
Raw Moulding Division — See (Picture Moulding
and Picture Frame).
Raw Peanut Milling
Rayon and Silk Dyeing and Printing
Raj'on and Synthetic Yarn Producing
Rayon, Silk and- — Dyeing and Printing Industry,
temporary code approved
Rayon, Temporary placing of — Weaving Industry
under the Cotton Textile Industry
Recovery, Delegating further functions and powers
to the Administrator for Industrial
Recovery, Providing for notice of proceedings and
matters in the administration of the National
Industrial — Act
Refining, Smelting and — of Secondary Metals into
Brass and Bronze Allo\'s in Ingot Form
Refractories
Refrigerator, Commercial
Refrigerator, Household Ice
Regulations for registration of machinery and filing
of monthly reports in Finishing, Thread Manu-
facturing and Yarn Mercerizing Branches of the
Cotton Textile I nd ustry
Regulations, Rules and — concerning labels bear-
ing Emblems or Insignia of the N.R.A
Reinforcing Materials Fabricating
Relief, Temporarj' — under Article XI, Section (b)
for — See (Cotton Garment Industry).
10-23-33
12-21-33
1-30-34
7-30-33
12-15-33
12-21-33
1-23-34
1-17-34
11-17-33
9-18-33
10-11-33
12-17-33
11-27-33
1-29-34
1-12-34
12-15-33
1-12-34
12-21-33
8-26-33
7-22-33
7-14-33
12-30-30
12-21-33
12-21-33
12-18-33
12-23-33
12-30-33
1-15-34
1-17-34
11-27-33
Volume
II
IV
V
IV
IV
IV
V
V
III
I
I
III
III
V
V
IV
V
IV
I
I
I
IV
IV
IV
IV
IV
IV
V
III
812
Industry
Date
20
Reports, Regulations for registration of machinery
and filing of monthly — in Finishing, Thread
Manufacturing and Yarn Mercerizijig Branches
of — See (Cotton Textile Industry).
Requirement, Modification of emergency — as to
limitation of houi's of machine operation in the
Carded Yarn Group of — See (Cotton Textile
Industry) .
Retail Drug Trade. ..
Retail Farm Equipment Trade
Retail Food and Grocery Trade ^-
Retail Food and Grocery Trade — labor provisions-
Retailing, Motor Vehicle — Trade
Retail Jewelry Trade . .
Retail Lumber, Lumber Products, Building Mate-
rials, and Building Specialties
Amendment, No. 1
Temporary modification of method of comput-
ing costs for the — Industry
Retail Trade
Extension of effective date
Stay of Minimum wage provisions as to outside
salesmen and drug store delivery employees
for the
Temporary exception for members under Arti-
cle V, Section 4 (D) and 6
Revision — Bituminous Coal
Reworked Wool Division — See (Wool Textile
Amendment, No. 1).
Road Machinery Manufacturing
Robe and Allied Products
Robe, Motor — Division — See (Light Sewing Indus-
try Except Garments) .
Rock Crusher Manufacturing
Rollers, Printers'
Rolling, Steel and — Mill Castings Supplement
Rolling Steel Door
Roofing, Asphalt Shingle and — Manufacturing
Roofing, Slate — Division — See (Slate).
Rubber Flooring Division
Rubber Footwear Division
Rubber, Hard — Division
Rubber Mamifacturing
Rubber, Mechanical — Goods Division
Rubber, Sponge — Division
Rubber Sundries Division
Rubber Tire Manufacturing
Rug, Carpet and — Manufacturing
Rules and regulations concerning labels bearing
Emblems or Insignia of tlie N.R.A
Runner Brick, Sleeve, Nozzle, and — Tuj'eres
Saddlery Manufacturing
Safety, Railway — Appliance
Sales, Granting limited exemption from provisions
of Codes of Fair Competition in connection with —
to Hospitals
Salesmen, Stay of Minimum wage provisions as to
outside- — and drug store delivery emploj'ees for
the Retail Trade
Salt Producing
Sand, Administrative approval of Industrial —
Division of the Crushed Stone, Sand and Gravel,
and Slag Industries
10-21-33
1-6-34
12-30-33
11-15-33
10-3-33
11-27-33
10-3-33
1-12-34
1-5-34
10-21-33
11-27-33
11-8-33
1-18-34
9-29-33
10-31-33
1-16-34
11-1-33
11-8-33
12-18-33
12-21-33
11-6-33
12-15-33
12-15-33
12-15-33
12-15-33
12-15-33
12-15-33
12-15-33
12-21-33
1-12-34
1-17-34
12-18-33
10-3-33
1-12-34
1-23-34
Volume
Page
11-8-33
9-7-33
12-27-33
II
V
IV
III
I
III
I
V
V
II
III
IV
V
I
II
V
II
II
IV
IV
II
IV
IV
IV
IV
IV
IV
IV
IV
V
V
IV
I
V
IV
I
IV 707
813
Code
No.
Industry
Date
i
Volume
Page
109
Sand, Crushed Stone — and Gravel and Slag In-
dustries - - -
11-10-33
II
641
Sanitary Brass Plumbing Fittings Division — See
(Plumbing Fixtures).
Sanitary Seats Division — See (Plumbing Fixtures).
,
Sand, Miscellaneous Non-Ferrous — Castings Sup-
i!" .•
plement
12t18-33V
IV
222
200
Sanitary Napkin and Cleansing Tissue
1-12-34.
,'"v
59
169
Savings, Building and Loan Associations
12-21-33
IV
279
52
Savings, Mutual — Bank
10-9-33
I
623
191
Scavenger, Cinders, Ashes, and — Trade
School Supplies Division — See (Wholesaling or
Distributing Trade).
12-30-33
IV
569
114
Scientific Apparatus
Scientific Glassware Division — See (American
Glassware) .
Scourers, Wood — and Carbonizers Division— See
(Wool Textile Amendment, No. 1).
11-14-33
III
31
112
Screen, All-Metai Insect
Seats, Sanitary — Division — See (Plumbing Fix-
tures).
11-14-33
III
9
173
Secondary, Smelting and Refining of — Metals Into
Brass and Bronze Allovs In Ingot Form
12-21-33
IV
325
Selling, Piece Goods — Division — See (Wool Textile
Amendment, No. 1).
167
Set Up Paper Box Manufacturing
12-18-33
IV
243
136
Sewer, Vitrified Clay — Pipe Manufacturing
11-27-33
III
445
226
Sewing, Light — Industry Except Garments
Sheeting, Temporary limitation of hours of machine
operation in the Wide Bed — Group of — See
(Cotton Textile Industry).
Sheet Metal Division — See (Wholesaling or Dis-
tributing Trade).
1-23-34
V
403
99
Shingle, Asphalt — and Roofing Manufacturing
11-6-33
II
523
2
Shipbuilding and Shiprepairing
7-26-33
I
25
Amendment, No. 1
10-10-33
I
vol
Shirting Division — See (Cotton Textile Supple-
ment, No. 1).
184
Shoe and Leather Finish, Polish, and Cement
Manufacturing
12-30-33
10-3-33
IV
I
485
44
Shoe, Boot and
541
Shopping Bag Division — See (Paper Bag Manu-
facturing).
10?
Shovel, Dragline & Crane
11-8-33
12-18-33
II
IV
563
Silica Refractories
255
Silk and Ravon Dyeing and Printing Industry,
tem})orary code approved
7-22-33
I
718
}7?
Silk, Rayon and — Dyeing and Printing
12-21-33
IV
311
Silk, Temporary placing of — Industry under the
Cotton Textile Industry _ _ -
7-15-33
10-7-33
I
I
20
48
Silk Textile " _.- .-.--.--
587
Silk Textile, Curtailment of machine hours for
the — Industry
12-23-33
IV
705
Silverware Division — See (Wholesaling or Dis-
tributing Trade).
177
Silverware Manufacturing _ _
12-23-33
IV
389
194
Skirt, Blouse and — Manufacturing __
12-30-33
IV
605
Slag, Administrative approval of Industrial Sand
Division of the Crushed Stone, Sand and Gravel,
and — Industries _. --
12-27-33
11-10-33
IV
II
707
109
Slag, Crushed Stone, Sand & Gravel, and — Industry.
641
?1K
Slate --
1-22-34
1-22-34
V
V
29'/
Blackboard Slate Division
297
814
Industry
Volume
Slftt^CpRtiaue4. i 4-^^
SFMe Koofing Division
Structural and Electrical Division
Sleeve, Nozzle, and Runner Brick and Tuyeres
Slide Fastener
Slit Fabric Manufacturing
Smelting and Refining of Secondary Metals Into
Brass and Bronze Alloys in Ingot Form
Smoking Pipe Manufacturing
Soap and Glycerine Manufacturing
Sole, Heel and — Division
Southern division, Allocation of States to the —
under the Cotton Garment Industry
Southern Section, Stay of wage provisions for the —
under the Cotton Cloth Glove Manufacturing
Industry
Special Refractories
Specialties, Cork Composition and Cork — Manu-
facturing Division — See (Cork).
Special Tool, Die and Machine Shop
Specialty, Advertising
Spinners, Carded — Division — See (Wool Textile
Amendment, No. 1).
Spinners, Worsted — Bradford System, Division —
See (Wool Textile Amendment, No. 1).
Spinners, Worsted — , French System, Division —
See (Wool Textile Amendment, No. 1).
Sponge Rubber Division
Sprinkler, Automatic
Stationery, Paper — and Tablet Manufacturing
Statistical, Central — Board, Appointment of
Statistical, providing for submission of — informa-
tion by persons subject to codes
Stay, Disapproval of exception and termination
of— under the code of fair competition for the
Cotton Textile Industry
Stay for the Dress Manufacturing Industry and
Cotton Garment Industry
Staj' for the Hotel Industry
Stay of code provisions as to productive machinery
operation for the Cotton Textile Industry
Stay of effective date of Article VIII for Bankers.
Staj' of minimum wage provisions as to outside
salesmen and drug store delivery emploj^ees for
the Retail Trade
Stay of wage-hours provisions for the Hotel
Industry
Stay of wage provisions for the Southern Section
under the Cotton Cloth Glove Manufacturing
Industry
Stay, Temporary — of Articles III, IV, and V for
the — See (Furniture Manufacturing Industry).
Stay, Temporary — of Article IV, Section 3 for the —
See (Millinery Industry).
Stay, Temporary — of Article XI for — See (Cement
Industry).
Steel and Rolling Mill Castings Supplement
Steel Casting
Steel, Iron and
Steel, Rolling — Door
Steel Tubular and Firebox Boiler
Stereotyping, Electrotyping and
Sterling Flatwear
1-22-34
V
1-22-34
V
2-18-33
IV
1-31-34
V
1-16-34
V
2-21-33
IV
1-23-34
V
11-2-33
II
2-15-33
IV
12-30-33
12-20-33
12-18-33
11-17-33
10-31-33
12-15-33
10-9-33
12-30-33
7-27-33
12-7-33
11-6-33
12-14-33
12-29-33
7-30-33
12-11-33
11-8-33
12-2-33
12-30-33
12-18-33
11-2-33
8-19-33
12-21-33
10-23-33
12-23-33
12-23-33
IV
IV
IV
III
II
IV
I
IV
I
III
IV
IV
IV
IV
IV
IV
IV
IV
IV
II
I
IV
II
IV
IV
815
Industry
37
61
Sterling Hollow Ware
Sterling Novelties
Sterling Toiletware
Stock Exchange Firms
Stopper, Cork — Manufacturers Division — See
(Cork).
Stick, Mop
Stone, Administration approval of Industrial Sand
Division of the Crushed — ■, Sand and Gravel, and
Slag Industries
Stone, Crushed — -, Sand and Gravel, and Slag
Industries
Stone Finishing Machinery and Equipment
Storage, Business Furniture — , Equipment and Fil-
ing SuppW
Storage, Electric — and Wet Primary Battery
Storage, Motor Vehicle — ^and Parking Trade
Structural & Electrical Division — -See (Slate).
Structural Clay Products
Sugar, Beet — Labor provision
Suit, Coat and
Denial — (See Coat and Suit).
Sundries, Rubber — Division
Supplement:
Automobile Manufacturing, No. 1.
Funeral Vehicle and Ambulance Subdivision.
Cotton Textile, No. 1 (Cotton Converting)
A!l-Cotton Clothing Linings Division
Clothiers' Linings Division
Corset, Brassiere & Allied Trades Fabrics
Division
Curtain & Drapery Fabrics Division
Interlinings Division
Shirtings Division
Wash Goods Division
Fabricated Metal Products Manufacturing
and Metal Finishing and Metal Coating,
No. 1 (For Metallic Wall Structure Indus-
trial Subdivision)
Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating, No. 2
(For Hand Chain Hoist Manufacturing)
Fabricated Metal Products Manufacturing
and Metal Finishing and Metal Coating, No.
3 (For Chain Manufacturing)
Fabricated Metal Products Manufacturing
and Metal Finishing and Metal Coating, No.
4 (For Electric Industrial Truck Manufac-
turing)
Supplies, Beauty and Barber — Division — See
(Wholesaling or Distributing Trade).
Supplies, Builders' — Trade
Supplies Division — See (Wholesaling or Distribut-
ing Trade).
Supplies, Electrical — Division — See (Wholesaling
or Distributing Trade).
Supplies, Furriers' — Division — See (Wholesaling or
Distributing Trade).
Supplies, Industrial — And Machinerv Distributors
Trade
Supplies, School — Division — See (Wholesaling or
Distributing Trade).
Supplies, Woolen and Trimming Garment — ^Di-
vision— See (Wholesaling or Distributing Trade).
Date
12-23-33
12-23-33
12-23-33
11-4-33
11-14-33
12-27-33
11-10-33
12-15-33
11-4-33
10-3-33
12-7-33
Volume
IV
IV
IV
II
III
IV
II
IV
II
I
III
11-27-33
10-27-33
8-4-33
III
II
I
12-15-33
IV
11- 8-33
1-24-34
1-24-34
1-24-34
II
V
V
V
1-24-34
1-24-34
1-24-34
1-24-34
1-24-34
V
V
V
V
1-10-34
V
1-30-34
V
1-31-34
V
1-31-34
V
10-3-33
I
10-23-33
II
47
816
Industry
Supply, Business Furniture, Storage Equipment,
and Filing
Supply, Funeral
Surgical Dressings
Suspended Walls and Arches
Suspender, Men's Garter — and Belt Manufactur-
ing— See (Men's Garter, Suspender, and Belt
Manufacturing) .
Synthetic, Rayon and — Yarn Producing
Table, Blown — Glassware Division — See (Ameri-
can Glassware).
Table Pad Division — See (Light Sewing Industry
Except Garments).
Tablet, Paper Stationery and — Manufacturing
Tackle, Fishing
Tank, Metal
Tariff, procedure to be followed for — relief under
Section 3 (e) of the N.I.R.A
Technical and Industrial Glassware Division — See
(American Glassware).
Temporary:
Approval of method of determining overhead
costs for the Building Supplies Trade
Changes of Article IV for the Hosiery Industry
Exception for members of the Retail Trade
under Article V, Section 4 (d) and 6
Hours modification for the Leather and Woolen
Knit Glove Industry
Limitation of hours of machine operation in
the Combed Sales Yarn Group of the Cotton
Textile Industry
Limitation of hours of machine operation in
the Wide Bed Sheeting Group of the Cotton
Textile Industry
Limitation of machine operation of the Combed
Thread Producers Group of the Cotton
Textile Industry in respect of the production
of Combed Yarn
Limitation of machine operation of the Mer-
cerizers Group of the Cotton Textile Industry
in respect of the production of Combed Yarn_ .
Modification of method of computing costs for
the Retail Lumber, Lumber Products, Build-
ing Materials and Building Specialties
Industry
Placing of Cotton Thread Industry under the
Cotton Textile Industry
Placing of Rayon Weaving Industry under the
Cotton Textile Industry
Placing of Silk Industry under the Cotton
Textile Industry
Placing of Throwing Industry under the Cot-
ton Textile Industry
Relief under Article XI, Section (b) for the
Cotton Garment Industrv
Stay of Articles III, IV, and V for the Furni-
ture Manufacturing Industry
Stay of Article IV, Section 3, for the Millinery
Industry
Stay of Article XI for the Cement Industry ._.
Termination, Disapproval of exception and — of
stay under the code of fair competition for the
Cotton Textile Industry
Terra Cotta Manufacturing
Date
11-4-33
11-4-33
1-27-34
12-18-33
8-26-33
12-30-33
8-19-33
12-15-33
10-23-33
1-8-34
12-14-33
V
IV
1-18-34
V
12-6-33
IV
1-10-34
V
1-23-34
V
1-10-34
V
1-10-34
V
1-5-34
V
7-16-33
I
7-14-33
I
7-15-33
I
7-14-33
I
1-27-34
V
1-12-34
V
1-12-34
1-5-34
V
V
11-6-33
10-31-33
IV
II
Volume
II
II
V
IV
IV
I
IV
II
817
Industry
Textile Bag
Amendment, No. 1
Textile, Cotton (See Cotton Textile)
Textile, Ciu'tailment of machine-hours for the
Silk- — Industry
Textile, Disapproval of exception and termination
of stay under the code of fair competition for the
Cotton — Industry
Textile, Emergencj- requirement as to further limi-
tation of hours of machine operation in Carded
Yarn Group of the Cotton — Industry
Textile, Emergency- requirement as to further limi-
tation of iiours of printing machine operation in
the Finishing Branch of tlie Cotton — Industry^.
Textile Finishing, Temporarily placed under Cot-
ton Textile Industry
Textile, Further extension of time for certain manu-
facturers to elect not to be bound under the code
of fair competition for the Upnolstery and Dia-
pery — Industry
Textile, Limitation of machine-hours for the Cot-
ton— Industry
Textile Machinery Manufacturing
Textile, Millinery and Dress Trimming Braid and_
Textile Processing
Textile, Silk
Textile, Stay of code i)rovisions as to productive
machine! V operation for the Cotton — Industrv__
Textile, Wool— See (Wool Textile).
Theatrical, Legitimate Full Length Dramatic and
Musical
Thiead, Notion — and Women's Garments Divi-
sion— See (Wholesaling or Distributing Trade).
Thread, Regulations for registration of machinery
and filing of monthly reports in Finishing —
Manufacturing and Yarn Mercerizing Branches
of — See (Cotton Textile Industry).
Thread, Temporary limitation of machine opera-
tion of the Combed — Producers Group in respect
of the production of Com})ed Yarn — See (Cotton
Textile Industry).
Thread, Temporary placing of Cotton — Industry
under the Cotton Textile Industry
Throwing
Throwing, Temporary placing of — Industry under
the Cotton Textile Industry
Tile, Asphalt and Mastic
Tile, Cork Floor — Manufacturers' Division — See
(Cork).
Tile, Floor and Wall Clay — Manufacturing
Timber, Lumber and — Products
Amendments, etc. (See Lumber and Timber
Products).
Tire, Ru!)i)er — Manufacturing
Tissue, Sanitary Napkin and Cleansing
Toiletware, Plated — and Novelties
Toiletware, Sterling
Tool, Machine — and Equipment Distributing
Trade
Tool, Maclvine — and Forging Machinery
Tool, Special — Die and Machine Shop
Topmakers' Division — See (Wool Textile Amend-
ment, No. 1).
Date
9-18-33
12-23-33
7-9-33
12-23-33
11-6-33
12-15-33
12-18-33
7-21-33
12-11-33
12-2-33
10-3-33
10-31-33
1-30-34
10-7-33
7-30-33
8-16-33
7-16-33
10-11-33
7-14-33
12-7-33
11-4-33
8-19-33
12-21-33
1-12-34
12-23-33
12-23-33
11-27-33
11-8-33
11-17-33
Volume
I
IV
I
IV
IV
IV
IV
Page
361
671
1
705
685
703
704
I 716
IV
IV
I
II
V
I
IV
I
I
I
III
II
I
IV
V
IV
IV
III
II
III
818
Industry
Toy and Playthings
Trade, Retail and Retail Drug
Transit
Transport, Air
Trapping, Fur — Contractors
Trimming, Drapery and Upholstery
Trinnning, Millinery and Dress — Braid and Tex-
tile 1
Trinnning, Woolen and — Garment Supplies Divi-
sion— See (Wholesaling or Distributing Trade).
Truck, Electric Industrial — Manufacturing- — See
(Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating) .
Tubular, Steel — and Firebox Boiler
Tumbler, Automatic — Glassware Division — See
(American Glassware).
Tuyeres, Sleeve, Nozzle, and Runner Brick and
Twine and Cordage Division — See (Wholesaling or
Distributing Trade) .
Twine, Cordage and — temporarily placed under
Cotton Textile Industry
Modification of Ex.0, of July 27, 1933, placing
Cordage and Twine Industry temporarily
under Cotton Textile Industry
Umbrella Manufacturing
Underwear and Allied Products Manufacturing —
Temporarily placed under Cotton Textile
Industry
Stay Extended
Upholstery & Decorative Fabrics Division — See
(Wholesaling or Distributing Trade).
Upholstery and Drapery Textile
Further extension of time for certain manu-
facturers to elect not to be bound under the
code of fair competition for the
Upholstery, Drapery and — Trimming
Valve and Fitthigs Manufacturing
Varnish, Paint — and Lacquer Manufacturing
Vehicle, Motor — Retailing Trade
Vehicle, Motor— Storage and Parking Trade
Velvet
Venetian Blind
Vitreous China Plumbing Fixtures Division— See
(Plumbing Fixtures).
Vitrified Clay Sewer Pipe Manufacturing
Wage, Stay of — hour provisions for the Hotel
Industry
Wage, Stay of minimum — provisions as to outside
salesmen and drug store delivery employees for
the Retail Trade
Wall, Floor and— Clay Tile
Wall Paper Division — See (Wholesaling or Dis-
tributing Trade).
Wall Paper Manufacturing
Amendment, No. 1
Walls, Suspended — and Arches
Wall Structure, Metallic — Industrial Subdivision —
See (Fabricated Metal Products Manufacturing
and Metal Finishing and Metal Coating).
Wareliousing, Merchandise — Trade
Warm Air Furnace Manufacturing
Warps, Cotton- — Division — See (Wool Textile
Amendment, No. 1).
11-4-33
10-21-33
9-18-33
11-14-33
12-15-33
1-16-34
10-31-33
10-23-33
12-18-33
7-27-33
10-30-33
10-9-33
9-18-33
7-21-33
10-20-33
11-27-33
12-11-33
1-16-34
12-15-33
10-31-33
10-3-33
12-7-33
12-30-33
1-24-34
11-27-33
12-2-33
11-8-33
11-4-33
9-7-33
12-30-33
12-18-33
1-27-34
11-27-33
Volume Page
II
II
I
III
IV
V
II
II
IV
II
I
I
I
II
III 259
IV
V
IV
II
I
III
IV
V
III
IV
IV
II
I
IV
IV
V
III
819
Industry
Wash Goods Division — See (Cotton Textile Supple-
ment, No. 1).
Washing and Ironing Machine Manufacturing
Waste, Machined — Manufacturing
Watch Case Manufacturing
Waterproofing, Dampproofing, Caulking Com-
pounds, and Concrete Floor Treatments Manu-
facturing
Waxed Paper
Wax, Furniture and Floor — and Polish
Wear Buttons, Men's — Division — See (Whole-
saling or Distributing Trade).
Weaving, Temporary placing of Rayon — Industry
under the Cotton Textile Industry
Wet Mop Manufacturing
Wheel, Buff and Polishing
Wheel, Grinding
Wholesale Automotive Trade
Wholesale Food and Grocery Trade
Wholesale Food and Grocery Trade- — Labor
provisions
Wholesaling or Distributing Trade
Beauty and Barber Supplies Division
Buttons Division
Charcoal and Packaged Fuel Division
Cycle Jobbers Division
Dry Goods Division
Electrical Supplies Division
Embroidery and Lace Division
Floor Covering Division
Furriers' Supplies Division
H ardware Division
Hats and Caps Division
Jewelry Division
Men's Novelty Jewelry Division
Men's Wear Buttons Division
Notion, Thread, and Women's Garments
Division
Radio Division
School Supplies Division
Sheet Metal Division
Silverware Division
Supplies Division
Twine and Cordage Division
Upholstery and Decorative Fabrics Division..
Wall Paper Division
Woolen and Trimming Garment Supplies
Division
Wholly or Semi-Hand Made Bag Division — See
(Paper Bag Manufacturing).
Wide Bed Sheeting, Temporary limitation of hours
of machine operation in the — Group of — See
(Cotton Textile Industry).
Window Face Bag Division — See (Paper Bag
Manufacturing) .
Window, Metal
Wire Covering, Knitting, Braiding and — Machine
Women's Belt
Women's Garments, Notion, Thread and — Divi-
sion— See (Wholesaling or Distributing Trade).
Women's Wear, Carded — Division — See (Wool
Textile Amendment, No. 1).
Women's Wear, Worsted — Division — See (Wool
Textile Amendment, No. 1).
40121—34 12
Date
Volume
11-4-33
II
12-7-33
III
12-23-33
IV
11-27-33
III
12-18-33
IV
1-23-34
V
7-14-33
I
1-23-34
V
11-4-33
II
12-21-33
IV
12-18-33
IV
1-4-34
V
11-15-33
III
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-12-34
V
1-13-34
V
10-3-33
I
10-3-33
I
820
Industry
Wood, End Grain Strip — Block
Wood, Metal Hat Die and — Hat Block
Wood Plug
Woolen and Trimming Garment Supplies Divi-
sion— See (Wholesaling or Distributing Trade).
Woolen Goods, Knitted — Division — See (Wool
Textile Amendment, No. 1).
Woolen, Leather and — Knit Glove
Woolen, Temporary hours modification for the
Leather and — Knit Glove Industry
Wool Felt Manufacturing
Wool, Reworked — Division — See (Wool Textile
Amendment, No. 1).
Wool Scourers & Carbonizers Division — See
(Wool Textile Amendment, No. 1).
Wool Textile
Amendment, No. 1
Blankets Division
Carded Men's Wear Division
Carded Spinners Division
Carded Women's Wear Division
Combers Division
Cotton Warps Division
Knitted Woolen Goods Division
Piece Goods Selling Division
Reworked Wool Division
Topmakers Division
Wool Scourers & Carbonizers Division
Worsted Men's Wear Division
Worsted Spinners, Bradford System, Div_.
Worsted Spinners, French System, Divi-
sion
Worsted Women's Wear Division
Wool Trade
Worsted Men's Wear Division — See (Wool Te.xtile
Amendment, No. 1).
Worsted Spinners, Bradford System, Division —
See (Wool Textile Amendment, No. 1).
Worsted Spinners, French System, Division — See
(Wool Textile Amendment, No. 1).
Worsted Women's Wear Division — See (Wool Tex-
tile Amendment, No. 1).
Yarn, Emergency requirement as to further limita-
tion of hours of machine operation in Carded —
Group of the Cotton Textile Industry
Yarn Mercerizing, Regulations for registration of
machinery and filing of monthly reports in Fin-
ishing, Thread Manufacturing and — Branches
of — See (Cotton Textile Industry).
Yarn, Modification of emergency requirement as
to limitation of hours of machine operation in
the Carded — Group of — See (Cotton Textile
Industry).
Yarn, Rayon and Synthetic — Producing
Yarn, Temporary limitation of machine operation
of the Combed Thread Producers Group in re-
spect of the production of Combed — See (Cotton
Textile Industr}-).
Yarn, Temporary limitation of machine operation
of the Mercerizers Group in respect of the pro-
duction of Combed — See (Cotton Textile In-
dustrj') .
Date
Volume
12-30-33
IV
1-23-34
V
11-14-33
III
11-4-33
II
12-6-33
IV
11-27-33
III
7-26-33
I
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-23-34
V
1-16-34
V
12-15-33
IV
8-26-33
I
o
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